RES-1989-014RESOLUTION NO. 89R-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3077.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
from VICTORINA SOTELO, 3107 W. Lincoln Avenue, Anaheim, CA 92801,
FRANKLIN EUGENE KRAATZ and JOYCE LA VAUN KRAATZ, 3111W. Lincoln,
Avenue, Anaheim, CA 92801, and DAVID NEGRON and DIANA NEGRON,
3115 W. Lincoln Avenue, Anaheim, CA 92801, owners, and, NEWPORT
PACIFIC REALTY AND INVESTMENT, 4400 MacArthur Blvd., 9th Floor,
Newport Beach, CA 92660, agent, to permit an 8,SSS-square foot,
9-unit, commercial retail center upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
LOT 17 OF TRACT 1820, IN THE CITY OF ANAHEIM, AS PER
MAP RECORDED IN BOOR S1, PAGES 31 AND 32, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
LOT 18 OF TRACT 1820, IN THE CITY OF ANAHEIM, AS PER
MAP RECORDED IN BOOK Si, PAGES 31-32, OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
LOT 19 OF TRACT 1820, IN THE CITY OF ANAHEIM, AS PER
MAP RECORDED IN BOOK 51, PAGES 31 AND 32, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC88-333 granting
Conditional Use Permit No. 3077; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the
adjoining land uses and the growth and development of the area in
which it is proposed to be located.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and ali evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical
zoning classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3077 be, and the same is hereby,
granted permitting an 8,855-square foot, 9-unit, commercial
retail center on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
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SECTION 18.44.062.011
Maximum structural height·
(0 and 12.5 feet permitted
when located 0 and 25 feet
from RS-00 zoning; 18-feet
proposed)
SECTION 18.44.-63.040
subject to the following conditions:
Minimum open setback abutting
residential zone boundary,,.
(10 feet required adjacent to
RS-7200 zoning; none proposed)
i .
That this Conditional Use Permit is granted subject to
the adoption of the zoning Ordinance in connection
with Reclassification No. 88-89-14, now pending.
·
That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be
paid to the City of Anaheim in an amount as determined
by City Council resolution.
That prior to issuance of a building permit, the
appropriate sewer assessment fees shall be paid to the
City of Anaheim in an amount as determined by the City
Engineer.
.
That sidewalks shall be installed along Lincoln Avenue
as required by the City Engineer and in accordance
with standard plans and specifications on file in the
Office of the City Engineer.
·
That all driveways shall be constructed with ten (10)
foot radius curb returns as required by the City
Engineer. Existing broken or cracked driveways shall
be removed and replaced as required by the City
Engineer.
·
That no restaurant facilities shall be permitted in
this commercial retail center unless a variance for
parking is approved by the City Council, Planning
Commission or Zoning Administrator or sufficient
parking in compliance with Code is provided.
·
That subject property shall be served by underground
utilities.
·
That drainage of subject property shall be disposed of
in manner satisfactory to the City Engineer.
·
That trash storage areas shall be provided and
maintained in a location acceptable to the Street
Maintenance and Sanitation Division and in accordance
with approved plans on file with said Division.
10. That trash storage areas shall be provided and
maintained in a location acceptable to the Street
Maintenance and Sanitation Division and in accordance
with approved plans on file with said Division.
ll. That all air conditioning facilities and other roof
and ground mounted equipment shall be properly
shielded from view, and the sound buffered from
adjacent residential properties.
That the proposal shall comply with all signing
requirements of the CL "Commercial Limited" Zone,
unless a variance allowing sign waivers is approved by
the City Council, Planning Commission or Zoning
Administrator.
13. That a six (6) foot high masonry block wall shall be
constructed and maintained along the north, east and
west property lines excepting the front setback where
the wall height shall be three (3) feet. Subject wall
shall be removed in the event that the adjacent
property is rezoned to a commercial zone.
14. That building plans shall show that any proposed
parking area lighting fixtures adjacent to any
residential property shall be down-lighted with a
maximum height of twelve (12) feet. Said lighting
fixtures shall be directed away from adjacent
residential property lines to protect the residential
integrity of the area.
15. That the on-site landscaping shall be maintained in
compliance with City standards.
16. That prior to issuance of a building permit, a
parking/ circulation plan shall be submitted to the
City Traffic Engineer for his review and approval,
showing only one (1) vehicular access point on Lincoln
Avenue for subject property.
17. That subject property shall be developed substantially
in accordance with plans and specifications on file
with the City of Anaheim marked Exhibit Nos. 1 and 2;
provided, however, there shall be no openings, (doors
or windows) on the rear of the building facing the
alley.
18. That prior to issuance of a building permit, or within
a period of one year from the date of this resolution,
whichever occurs first, Condition Nos. 1, 2, 3, 13,
14, and 16 above-mentioned, shall be complied with.
Extensions for further time to complete said
conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
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19. That prior to final building and zoning inspections,
Conditions Nos. 4, 5, 7, 8, 9, 10, 11 and 17,
above-mentioned, shall be complied with.
20. That approval of this application constitutes approval
of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and
any other applicable City regulations. Approval does
not include any action or findings as to compliance or
approval of the request regarding any other applicable
ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the City Council does
hereby find and determine that adoption of this Resolution is
expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such
conditions, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
T~E FOREGOING RESOLUTION is approved and adopted by
the City Council o£ the City of Anaheim this 17th day of
,January, 1989.
ATTEST ....
CITY' OLERK OF THE CITY OF ANAHEIM
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2905L
012089
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 89R-14 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 17th day of January, 1989, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Pickler, Kaywood and Hunter
NOES:
COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Daly
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 89R-14 on the 26th day of January, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 26th day of January, 1989.
CiTY CLERK OF THE CITY OF ANAHEII~
(SEAL)
I, LEONORA N. $OHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-14 duly passed and adopted
by the Anaheim City Council on January 17, 1989.
CITY CLERK OF THE CITY OF ANAHEIM