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88-290 RESOLUTION NO. 88R-290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3016. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from GEORGE F. HEXTER, 55 S. Market Street #1500, San Jose, California 95113, owner, and WAYNE BANKS, WAYNE BANKS AND ASSOCIATES, INC., 19100 Von Karman, Suite 260, Irvine, California 92715, MR. T. FULLER, M.S. PARTNERSHIP, 1634 E. Adams Avenue, Orange, California 92715, agent, to permit a 6,259 square foot, five-unit commercial retail center upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM, DESCRIBED AS FOLLOWS: THE EAST 190 FEET OF THE SOUTH 190 FEET MEASURED ALONG THE SOUTH LINE OF THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT TItE SOUTHEAST CORNER OF SAID SECTION 7; THENCE SOUTH 89 DEGREES 54' 20" WEST 531 FEET TO THE CENTER LINE OF KATHRYN DRIVE AS SHOWN ON A MAP OF TRACT NO. 1633 RECORDED IN BOOK 47, PAGE 50 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 0 DEGREES 16' 10" WEST ALONG SAID CENTER LINE, 325.50 FEET TO THE CENTER LINE OF A 50-FOOT STREET SHOWN AS RANCHITO STREET ON THE MAP OF SAID TRACT NO. 1633; THENCE NORTH 89 DEGREES 36' 20" EAST ALONG THE CENTER LINE OF SAID RANCHITO STREET, 258 FEET; THENCE NORTH ?8 DEGREES 38' 32" EAST 50 FEET TO THE MOST SOUTHERLY CORNER OF LOT 44 OF SAID TRACT NO. 1633; THENCE NORTH ?8 DEGREES 38' 32" EAST ALONG THE SOUTHERLY LINE OF SAID LOT 44, A DISTANCE OF 81.45 FEET TO THE SOUTHWEST CORNER OF LOT 45 OF SAID TRACT NO. 1633; THENCE NORTH 89 DEGREES 36' 20" EAST ALONG THE SOUTH LINE OF SAID LOT 45 AND THE EASTERLY EXTENSION THEREOF, 144 FEET TO THE EAST LINE OF SAID SECTION 7; THENCE SOUTH 0 DEGREES 16' 10" EAST ALONG SAID EAST LINE, 350.19 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, THOSE PORTIONS DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED DECEMBER 14, 1955 IN BOOK 3315, PAGE 518 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPTING THEREFROM, THOSE PORTIONS DESCRIBED IN DEED TO THE CITY OF ANAHEIM, RECORDED APRIL 30, 1969 IN BOOK 8942, PAGE 924 OF SAID OFFICIAL RECORDS; 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. PC88-147 granting Conditional Hse Permit No. 5016; 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 conditional use permit is proposed use is properly one for which a 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. -2- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3016 be, and the same is hereby, granted permitting a 6,259 square foot, five-unit, commercial retail center on the hereinabove described real property, subject to the following conditions: 1. 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. 2. That the existing driveways on Lincoln Avenue and Brookhurst Street shall be removed and replaced with standard curb, gutter and sidewalk. 3. That all driveways shall be constructed with ten 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. (10) 4. That no food service facilities shall be permitted in the retail center unless a variance for parking is approved by the City Council, Planning Commission or Zoning Administrator. 5. That subject property shall be served by underground utilities. 6. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division, and that the proposed trash enclosure shall be relocated to an accessible location acceptable to said division. 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 Dtility Division by the owner/developer in accordance with Rules ISA and 20 of the Water Utility Rates, Rules and Regulations. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 9. That prior to commencement of hydrants shall be installed and charged determined to be necessary by the Chief structural framing, fire as required and of the Fire Department. 10. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. -3- 11. That the proposal shall comply with all requirements of the CL "Commercial, Limited" Zone, variance allowing sign waivers is approved by the Planning Commission or Zoning Administrator. signing unless a City Council, 12. That the on-site landscaping landscaping shall be maintained in compliance with City standards. 13. That this the adoption of the Reclassification No. Conditional Use Permit is granted subject to Zoning Ordinance in connection with 87-88-54, now pending. 14. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4. 15. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution decision, whichever occurs first, Condition Nos. 1, 7 and 13, 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. 16. That prior to final building and zoning inspections, Condition Nos. 2, 3, 5, 6, 8, 10 and 14, above-mentioned, shall be complied with. 17. 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 19th day of July, 1988. 0 ~OF~T~E ~ MAY CITY ~)F 9 CITY CLERK OF THE CITY OF ANAHEIM JLW:fm/2643L/072188 ANAHEIM -4- 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. 88R-290 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Armheim held on the igth day of July, 1988, by the following vote of the members thereof: AYES: COUNCIL ME~ERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSEhC: COUNCIL MEMBERS: Hone AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-290 on the 27th day of July, 1988. IN WITNESS WHEKEOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of July, 1988. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk o~ the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-290 duly passed and adopted by the Anaheim City Council on July 19, i988.