88-307RESOLUTION NO. 88R-307
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3015.
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 LA MIRADA CLEANERS, INC., 135 W. Ball Road, Anaheim,
California 92805, owner, and MEIOR SLANI, 9301 Wilshire Boulevard,
#509, Beverly Hills, California 90210, agent, to permit an eight
(8)-unit commercial retail center upon certain real property
located within the City of Anaheim, County of Orange, State of
CaIifornia, legally described as:
Parcel I:
That portion of Lot 26 of "Anaheim Extension", in the
City of Anaheim, County of Orange, State of
California, as shown on a map of survey made by
William Hamel and filed for record in the office of
the County Recorder of Los Angeles County, described
as follows:
Beginning at the southwest corner of said Lot 26, said
point being the intersection of the centerline of
Lemon Street with the centerline of Ball Road, as
shown on said survey, thence north 89 degrees 55
minutes 1 second east 280.00 feet along the south line
of said Lot 26 to the southwesterly corner of the land
conveyed to Sarah Bennett, a widow, by deed recorded
February 16, 1953 in book 2454 page 57, Official
Records, thence northerly, along the westerly line of
said land to a line parallel with and 120 feet
southwesterly of the north line of the land conveyed
to R. L. Keith and wife by deed recorded November 18,
1946 in book 1456 page 555, Official Records; thence
south 74 degrees 20 minutes 15 seconds west 277.82
feet along said parallel line to a point in the west
line of said Lot 26, being the centerline of Lemon
Street, thence south 15 degrees 23 minutes 45 seconds
east 211.89 feet along the west line to the point of
beginning.
Excepting therefrom the northeasterly 115.50 feet
thereof, measured along the northwesterly line of
land.
said
Also excepting from the remainder thereof, the
northwesterly 20.00 feet thereof.
Parcel 2:
An easement for ingress and egress over the
northwesterly 20.00 feet of that portion of Lot 26 of
"Anaheim Extension", as shown on a map of survey made
by William Hamel and filed for record in the office of
the County Recorder of Los Angeles County, described
as follows:
Beginning at the southwest corner of said Lot 26, said
point being the intersection of the centerline of
Lemon Street with the centerline of Ball Road, as
shown on said survey, thence north 89 degrees 55
minutes 15 seconds east 280.00 feet along the south
line of said Lot 26 to the southwesterly corner of the
land conveyed to Sarah Bennett, a widow, by deed
recorded February 16, 1955 in book 2454 page 57,
Office Records; thence northerly along the westerly
line of said land to a line parallel with and 120 feet
southeasterly of the north line of land conveyed to R.
L. Keith and wife by deed recorded November 18, 1946
in book 1456 page 555, Official Records; thence south
74 degrees 20 minutes 15 seconds west 277.02 feet
along said parallel line to a point in the west line
of said Lot 26, being the centerline of Lemon Street;
thence south 15 degrees 25 minutes 45 seconds east
211.09 feet along said west line to the point of
beginning.
Excepting therefrom the northeasterly 115.50 feet
thereof, measured along the northwesterly line of said
land; 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 18.05 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. PC88-150 granting
Conditional Use Permit No. 3015; 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
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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 adjoin-
ing 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
improved to carry the traffic in the area.
and
5. The granting of the conditional use
conditions imposed will not be detrimental to
safety and general welfare of the citizens of
permit under the
the peace, health,
the City of Anaheim.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and all 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
18.06.080 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. The variance(s) will not cause
congestion in the immediate vicinity nor
adjoining land uses; and
an increase in traffic
adversely affect the
2. The granting of the variance(s) under the conditions
imposed will not be detrimental to the peace, health, safety or
general welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
that Conditional Use Permit No. 3015 be, and the same is hereby,
granted permitting an eight (8)-unit retail commercial center on
the hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
SECTIONS 18.06.050.022 Minimum number of parking
AND 18.44.066.050 spaces. (58 required; 35
proposed)
subject to the following conditions:
1. That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid to
City of Anaheim in an amount as determined by City Council
resolution.
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the
2. That the legal owner of subject property shall
irrevocably offer to dedicate to the City of Anaheim an additional
strip of land along Ball Road, measured westerly from the ultimate
right-of-way line at the corner of the intersection of Anaheim
Boulevard and Ball Road, and varying in width from twelve (12)
feet for the first three hundred (300) feet and then transitioning
from 12 feet to 0 feet for the next 300 feet, and including a
fifteen (15) foot radius corner return.
3. That curbs and gutters shall be removed and/or
reconstructed along Lemon Street as required by the City Engineer
and in accordance with standard plans and specifications on file
in the Office of the City Engineer.
4. That the existing driveways on Ball Road and Lemon
Street shall be removed and replaced with standard curb, gutter,
sidewalk and landscaping.
5. That the driveway 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.
6. That no food service facilities shall be permitted in
this commercial retail center unless an additional waiver for
minimum number of parking spaces is approved by the City Council,
Planning Commission or Zoning Administrator.
7. That prior to issuance of a building permit, the
appropriate fees due for primary, secondary and fire protection
shall be paid to the Water Utility Division by the owner/developer
in accordance with Rules 1SA and 20 of the Water Utility Rates,
Rules and Regulations.
8. That subject property shall be served by underground
utilities.
9. That street lighting facilities along Lemon Street shall
be installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of Utilities
General Manager; or that security in the form of a bond,
certificate of deposit, letter of credit, or cash, in an amount
and form satisfactory to the City of Anaheim, shall be posted with
the City to guarantee the satisfactory completion of the
above-mentioned improvements. Said security shall be posted with
the City of Anaheim prior to issuance of a building permit. The
above-required improvements shall be installed prior to occupancy.
10. That a fee shall be paid
street lighting along Bali Road in
Council resolution.
to the City of Anaheim for
an amount as determined by City
11. That a fee shall be paid to the City of Anaheim for tree
planting purposes along Ball Road and Lemon Street in an amount as
determined by City Council resolution.
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12. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
15. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
14. That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from view.
15. 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.
16. That ali on-site landscaping shall be maintained in
compliance with City Standards.
17. That the owner of subject property shall submit a letter
requesting termination of Variance No. 1181 to the Zoning Division.
18. 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.
19. 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, 7, 9, 10, 11 and 17,
above-mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with
Section 18.05.090 of the Anaheim Municipal Code.
20. That prior to final building and zoning inspections,
Condition Nos. 5, 4, 5, 8, 9, 12, 15, 14 and 18, above-mentioned,
shall be complied with.
21. 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 arty 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.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheinl this 26th day of July, 1988.
MAYOR OF THE AHEIM
ATTEST:
CITY CLERK OF THE
JLW:£m
2665L
072888
CITY OF ANAHEIM
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CiTY OF ANAHEIM )
l, LEONOF~A N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 88R-$07 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 2~th day of July, 1988, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Nunter, Kaywood, Pickler and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify t~mt the Mayor of the City of Anaheim signed said
Resolution No. 88R-307 on the 2nd day of August, 1988.
iN WITNESS WHEREOF, i have hereunto set my hand and affixed the seal of the
City of Anaheim this 2nd day of August, 1988.
CITY CLlfiiK OF '£HE CI'£Y OF ANA~IIIIM
(SEAL)
i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify ttmt
the foregoing is the original of Resolution No. 88R-307 duly passed and
adopted by the Anaheim City Council on July 26, 1988.
CITY CLERK OF THE CITY OF ~NAHEIM