Loading...
88-373RESOLUTION NO. 88R-373 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3051. 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 P/A STATE COLLEGE INVESTORS, 15751 Rockfield Boulevard, No. 200, Irvine, California 92718, owner, to permit a six-unit, 8,670 square foot commercial retail center including a 2,800 square foot convenience market upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF LOT 1 OF TRACT 6646, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 249, PAGES 38 AND 39, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 27, PAGE 32 OF PARCEL MAPS, IN THE CITY OF ANAHEIM, 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 ail evidence and reports offered at said hearing, did adopt its Resolution No. PC88-224 granting Conditional Use Permit No. 3051; 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 ali 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. S. The granting of the conditional use permit under the conditions imposed viii not be detrimental to the peace, health, safety and general velfare 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 ali 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 property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. to the 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, THER£FORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated that Conditional Use Permit No. 50S1 be, and the same is hereby, granted permitting a six-unit, 8,670 square foot commercial retail center including a 2,800 square foot convenience market on the hereinabove described real property vith a waiver of the folloving provisions of the Anaheim Municipal Code: SECTIONS 18.44.063.020 AND 18.44.063.040 Minimum Structural Set- back for Trash Enclosure. (S feet required from a local street and 10 feet required from a residen- tial zone; 5 and 0 feet existing) SECTION 18.44.066.052 Required Screening of Parking Area. (6-foot high masonry wall re- quired; 0 to 6 foot high masonry wall proposed) -2- 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. 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 State College Boulevard, measured northerly from the ultimate right-of-way line at the corner of the intersection of State College Boulevard and Ball Road including a fifteen (15) foot radius return at Almont Avenue, and varying in width from twelve (12) feet for the first three-hundred (300) feet and then transitioning from twelve (12) feet to 0 feet for the next three-hundred (300) feet. 3. That the driveways shall be reconstructed to accommodate ten (10) foot radius curb returns. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. 4. That subject property shall be served by underground utilities. 5. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 6. That no take-out/fast-food service facilities shall be permitted in this commercial retail center. 7. 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. 8. That ail air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view, and the sound buffered from adjacent residential properties. 9. 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. 10. That a six (6)-foot high masonry block wall shall be maintained along the west property line excepting the front setback where the wall height shall be three (3) feet. 11. 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. -3- 12. That the on-site landscaping shall be maintained in compliance with City standards. 15. That the letter requesting Division. owner of subject property shall submit a termination of Variance No. 2069 to the Zoning 14. That a fee shall be paid to the City of Anaheim for street lighting along State College Boulevard and Almont Street in an amount as determined by City Council resolution. 15. 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. 16. 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, 11, 15, and 14, 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. 17. That prior Condition Nos. 5, 4, be complied with. to final building and zoning inspections, 5, 7, 8, 10 and 15, above-mentioned, shall 18. 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 the City Council of the City of September, 1988. is approved and adopted by Anaheim this 27th day of MAYOR OF~THE CIT~Y DF ANAHEIM CITY CLERK OF THE CITY OF AN&HEIM JLW: fm 2757L 092888 -4- CLERK STATE OF CALIFOM~iA ) COUNTY OF ORANGE ) ss. CITY OF ANAJ~EIM ) i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify ttmt the foregoing Resolution No. 88R-373 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 27tn day of September, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL ~tEMBERS: None ABSENT: COUNCIL MEMBERS: None ~qD I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 8UR-373 on the 30tn day of September, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 30tn day of September, 1988. I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-373 duly passed and adopted by the Anaheim City Council on September 27, 1988. CITY CLERK OF IHE CITY OF ANAHE%M