90-382 RESOLUTION NO. 90R-382
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3327.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
divide an existing 6,506 sq.ft. building into a 3-unit commercial
retail center upon certain real property located within the City
of Anaheim, County of Orange, State of California, legally
described as:
THAT PORTION OF LOT 40 OF ANAHEIM EXTENSION, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, DESIGNATED AS PARCELS 1 AND 2 ON A MAP
FILED IN BOOK 48 PAGE S0 OF RECORD OF SURVEYS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and
WHEREAS, the City Planning Commission did hold a public
---treating 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. PC90-213 granting
Conditional Use Permit No. 3327; 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 adjoin-
ing land uses and the growth and development of the area in which
it is proposed to be located.
CUP 3327
5. 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3327 be, and the same is hereby,
granted to permit the division of an existing 6,506 sq.ft.
building into a 3-unit commercial retail center on the
hereinabove described real property, subject to the following
conditions:
1. That no outdoor storage shall be permitted on-site.
2. That plans shall be submitted to the City Traffic Engineer
for his review and approval showing conformance with the
latest revision of Engineering Standard Plan Nos. 436, 602
and 605 pertaining to parking standards. Subject property
shall thereupon be developed and maintained in conformance
with said plans.
3. That all driveways on La Palma Avenue shall be reconstructed
to accommodate fifteen (15) foot radius curb returns in
conformance with Engineering Department Standards.
4. 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. Such information shall be
specifically shown on the plans submitted for building
permits.
5. That the new construction authorized by this resolution
shall be served by underground utilities.
6. That the legal owner of subject property shall dedicate to
the City of Anaheim an easement five (5) feet in width along
the south property line for public utility purposes.
7. That separate electrical services and meter panels shall be
provided for each leaseable unit, to the satisfaction of the
Electrical Engineering Division.
8. That no prepared-food service facilities (fast food,
restaurant, etc.) shall be permitted in subject commercial
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retail center unless a variance for parking is approved by
the City Council, Planning Commission or Zoning
Administrator or unless sufficient Code parking is provided.
9. 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. Such information shall be specifically shown on
the plans submitted for building permits.
10. That all plumbing or other similar pipes and fixtures
located on the exterior of the building shall be fully
screened by architectural devices and/or appropriate
building materials; and, further, such information shall be
specifically shown on the plans submitted for building
permits.
11. That a six (6) foot high masonry block wall shall be
maintained along the south and east property lines;
provided, however, that the City Traffic Engineer shall have
the authority to reduce the height of the wall to protect
visual lines-of-sight where pedestrian and/or vehicular
circulation intersect. Said block wall shall be planted and
maintained with clinging vines to eliminate graffiti
opportunities.
12. That any proposed parking area lighting fixtures located
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 and shall be indicated on the plans submitted for
building permits.
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; and except as
otherwise limited in Condition No. 14, below.
14. That any proposed freestanding sign on subject property
shall be monument-type not exceeding eight (8) feet in
height and shall be subject to the review and approval of
the City Traffic Engineer.
1S. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the
City of Anaheim by the petitioner and which plans are on
file with the Planning Department marked Exhibit Nos. 1
through 3.
16. That prior to issuance of a building permit or within a
period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 2, 4, 6, 9, 10 and
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12, 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 to final building and zoning inspections,
Condition Nos. 5, 5, 7 and 15, above-mentioned, shall be
complied with.
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, State and Federal 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
unen£orceable 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 9th day of October, 1990.
ATTEST:
JLW:kh
3920L
101090
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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. 90R-382 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 9th day of October, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-382 on the 17th day of October, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 17th day of October, 1990.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-382, duly passed and
adopted by the Anaheim City Council on October 9, 1990.
CITY CLERK OF THE CITY OF ANAHEIM