90-352 RESOLUTION NO. 90R-352
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3304.
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
to permit a 121,499 sq.ft. 47-unit commercial retail shopping
center including a 1,000 sq.ft. service station with a food mart
with fast food, a 45,000 sq.ft. market, an 8,000 sq.ft.
semi-enclosed restaurant with on-sale alcoholic beverages, a 7,800
sq.ft. drug store and a 4,$24 sq.ft. freestanding bank upon
certain real property located within the City of Anaheim, County
of Orange, State of California, legally described as:
LOT 1 OF TRACT NO. 12996, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 624, PAGES 19 THROUGH 24, INCLUSIVE,
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. PC90-190 granting
Conditional Use Permit No. 3304; 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.
CUP 5504
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.
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.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off-street parking requirements, as follows:
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; and
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; and
WHEREAS, the City Council does further find and
determine with regard to the proposed waiver of certain
off-street parking requirements that:
1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance 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 Conditional Use Permit No. 3304 be, and
the same is hereby, granted permitting a 121,499 sq.ft. 47-unit
commercial retail shopping center including a 1,000 sq.ft.
service station with a food mart with fast food, a 45,000 sq.ft.
market, an 8,000 sq.ft. semi-enclosed restaurant with on-sale
alcoholic beverages, a 7,800 sq.ft. drug store and a 4,524 sq.ft.
freestanding bank on the hereinabove described real property with
a waiver of the following provisions of the Anaheim Municipal
Code:
-2- CUP 3304
SECTION 18.84.062.011 Minimum structural and landscaped
setback from a scenic highway.
(100 feet required from Weir Canyon
Road; 55 to 86 feet proposed)
SECTION 18.71.070.030(c)(1) Commercial entry signs.
(1 sign permitted adjacent to
Serrano Avenue; 4 signs
proposed)
SECTIONS 18.06.050.022 Minimum number of parking spaces.
18.06.050.0221 (795 required; 660 proposed)
18.06.050.0232
18.06.05.0233
18.06.080
and 18.44.066.050
SECTION 18.84.062.0141 Required wall adjacent to Canyon
Creek Road.
(6 foot high masonry wall required
opposite residential uses; none
proposed)
SECTION 18.84.062.032 Roof-mounted equipment.
(Roo£-mounted equipment
prohibited; roof-mounted equipment
proposed)
subject to the following conditions:
1. That prior to issuance of a building permit, the
appropriate major thoroughfare and bridge fee shall be paid
to the City of Anaheim in an amount as specified in the
Major Thoroughfare and Bridge Fee Program for the
Foothill/Eastern Transportation Corridor, as established by
City Council resolution.
2. 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 established by City
Council resolution.
5. That the appropriate fee shall be paid to the City of
Anaheim for Santa Aria Canyon Road widening purposes, in an
amount as established by City Council Resolution.
4. That the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a twelve (12) foot
wide lane from the westerly driveway to Serrano Avenue on
Weir Canyon Road, as determined by the City Traffic
Engineer, for a deceleration lane to subject property. The
legal owner/developer shall be responsible for constructing
said deceleration lane. Street improvement plans shall be
submitted to the Subdivision Section and improvement
-5- CUP 3504
security shall be posted with the City of Anaheim prior to
issuance of a building permit. The improvements shall be
constructed prior to final building and zoning inspection
for the first building.
5. 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. 402, 436,
602 and 605 pertaining to parking standards. Subject
property shall thereupon be developed and maintained in
conformance with said plans.
That all driveways shall be constructed with fifteen (15)
foot radius curb returns as required by the City Engineer
in conformance with Engineering Standards.
7. That no outdoor storage shall be permitted.
8. That, as required by the City Traffic Engineer, no left
turns shall be permitted on Weir Canyon Road to subject
property.
9. That subject property shall be served by underground
utilities.
10. That the legal owner/developer of subject property shall
provide and install underground conduits, substructures,
and related facilities to accommodate the underground line
extension from the existing electrical systems to the
project site.
11. That the legal owner/developer of subject property shall
pay a fee in accordance with the City of Anaheim Rules,
Rates and Regulations for the installation of underground
cables, switches, pad mounted switches, transformers,
capacitors, and related facilities to complete the
underground line extension in the developer provided
conduit/substructure systems.
12. That prior to commencement of structural framing, on-site
fire hydrants shall be installed and charged as required
and approved by the Fire Department. An all-weather road
shall be provided to the hydrants at all times, as required
by the Fire Department.
13. That fire sprinklers shall be installed as required by the
Fire Department.
14. 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.
-4- CUP 3304
iS. That prior to issuance of a building permit, plans
submitted for building permits shall show that the trash
storage area located south of pad "C" (as shown on Exhibit
No. 1) is either relocated or accessed by a truck
turn-around area, as approved by the Street Maintenance and
Sanitation Division.
16. That the appropriate water bonds shall be posted with the
Water Engineering Division as determined to be necessary by
said division.
17. That the water backflow equipment and any other large water
system equipment shall be installed to the satisfaction of
the Water Utility Division in either (a) underground vaults
or (b) behind the street setback area in a manner fully
screened from all public streets and alleys.
18. That all roof mounted equipment shall comply with the
following standards and that such information shall be
shown on plans submitted for building permits:
a. Screening of equipment shall be provided by acceptable
permanent building materials the same as or similar to
those which are used in the construction of the
underlying building or shall be screened from view by
acceptable architectural features of the building
itself. Said screening shall not exceed the height
limit as established by Section 18.84.062.031 of the
Anaheim Municipal Code.
b. Roof mounted equipment shall be located or enclosed in
such a manner so as not to be visible from any public
street, public or private property at finished grade
level, or from any floor level of any residential
structure.
c. In order to minimize the visibility of screening
methods and/or materials, all equipment shall be
painted to match the roof on which it is located, as
well as painted to match any materials used for
equipment screening.
d. The method and/or screening material which is used
shall not be readily recognizable as a screening
device, but shall be designed as an integral design
component of the building design.
e. All equipment screening shall be retained and
maintained in good condition.
19. That the twenty thousand (20,000) sq.ft. of food uses
(restaurant) shall be limited as follows:
-5- CUP 3304
Fast food with seating: 10,000 sq.£t. maximum
Sit-down waitress/waiter service: 8,000 sq.ft. maximum
Fast food without seating: 2,000 sq.ft. maximum
Food uses less intense than "fast food with seating" and/or
sit-down waitress/waiter service may be approved when
reviewed by the Planning Department (i.e. adding "fast food
without seating" square footage by subtracting a like
amount of square footage from the "fast food with seating"
allowance) provided the applicant supplies the Planning
Department with a complete list of tenants, square footages
and available parking.
20. That, as required by the Uniform Fire Code, the following
minimum standards shall apply to the service station with
convenience market:
a. Fuel dispensing devices shall be located a minimum
distance of ten (10) feet from any property line and
so located that all parts of a vehicle being serviced
are on private property.
b. Fuel dispensing devices shall be located not less than
ten (10) feet from any building which is not fire
resistive construction, Such devices shall also be
located so that the nozzle, when the hose is fully
extended, shall not reach closer than five (S) feet to
any building opening.
c. Fuel dispensing devices shall be protected against
physical damage from vehicles by mounting on a
concrete island a minimum of six (6) inches in
height. Alternate methods of providing equivalent
protection may be permitted when approved by the Fire
Department.
d. Dispensing of gasoline into fuel tanks or containers
shall at all times be under the supervision of a
qualified attendant.
e. The attendant's primary function shall be to
supervise, observe and control the dispensing of
gasoline.
f. Dispensing of gasoline shall not be into portable
containers unless such containers are of approved
material and construction, having a tight closure with
screwed or spring cover, and so designed that the
contents can be dispensed without spilling.
g. It shall be the attendant's responsibility to control
sources of ignition and immediately handle accidental
spills and fire extinguishers if necessary.
CUP 3305
h. Emergency controls shall be installed at a location
acceptable to the Fire Department, but controls shall
not be more than one-hundred (100) feet from
dispensers.
i. Instructions for the operation of dispensers shall be
conspicuously posted.
~' j. Remote preset-type devices shall be in the "off"
position while not in use so the fuel dispenser cannot
be activated without the knowledge of the attendant.
k. Fuel dispensing devices shall be in clear view of the
attendant at all times and no obstacles shall be
placed between the dispensing devices and the
attendant. Use of cameras may be utilized as approved
by the Fire Department.
1. The attendant shall at all times be able to
communicate with persons in the fuel dispensing area
~ via a two-way speaker system.
21. That there shall be no sale of beer, wine or other
alcoholic beverages of any kind on the premises of the
service station with convenience market, unless a
conditional use permit is approved specifically authorizing
such use.
22. That during business hours of subject service station with
convenience market, separate men's and women's restrooms
shall be available to the public. The restrooms shall be
properly supplied and maintained. Said facilities shall be
specifically shown on the plans submitted for building
permits.
23. That, in conformance with Anaheim Municipal Code Section
~,~ 18.44.050.070 pertaining to removal of closed service
stations, an unsubordinated agreement shall be recorded
with the office of the Orange County Recorder agreeing to
remove the service station structures in the event that the
station is closed for a period of twelve (12) consecutive
months. A service station shall be considered closed
during any month in which it is open for less than fifteen
(15) days. A copy of the recorded agreement shall be
submitted to the Zoning Division.
24. That the alcohol sales authorized by this resolution shall
only occur in conjunction with the sale, serving and
consumption of prepared food items (restaurant).
~' 25. That in the event a parcel map to subdivide subject
property is recorded, an unsubordinated reciprocal access
and parking agreement in a form satisfactory to the City
Attorney shall be recorded with the Office of the Orange
-7- CUP 3304
County Recorder. A copy of the recorded agreement shall
then be submitted to the Zoning Division. In addition,
provisions shall be made in the agreement to guarantee that
the entire complex shall be managed and maintained as one
integral parcel for purposes of parking, vehicular
circulation, signage, land usage and architectural control.
26. 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.
27. That a six (6) foot high masonry block wall shall be
maintained along the north and west property line;
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.
28. That unless a variance is applied for and granted, lighting
of signage for subject property shall be prohibited between
the hours of midnight and 6:30 a.m. as specified by Zoning
Code Section 18.05.091.052.
29. That minimum fifteen (1S) gallon trees, planted on maximum
twenty (20) foot centers and having appropriate irrigation
facilities, shall be installed and maintained along the
north and west property line.
50. That the on-site landscaping and irrigation system shall be
maintained in compliance with City standards.
51. That the parking area adjacent to Weir Canyon Road, Serrano
Avenue and Canyon Creek Road shall be screened from view in
conformance with Zoning Code Section 18.44.064.010.
That as required by Code Section 18.84.062.020 (pertaining
to commercial development in the Scenic Corridor), in
addition to the required setback and slope landscaping, all
parking area and vehicular accessways shall be permanently
landscaped with at least one (1) tree per three thousand
(5,000) sq.ft. of parking area and/or vehicular accessway,
evenly distributed throughout the parking area. There
shall be an average of forty eight (48) sq.ft. of planter
area provided per tree. Each planter area shall have a
minimum dimension of six (6) feet. Plans submitted for
building permits shall show compliance with these
requirements.
CUP 5304
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 8; provided, however, (a) that a minimum seventy
two (72) foot structural setback shall be maintained along
Weir Canyon Road and (b) that the loading dock area shall
be enclosed by a block wall, of an appropriate height to
screen it from the adjacent residential condominiums.
54. 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. 1 through S, 11, 14,
15, 16, 18, 22, 25, 26 and 52, 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.
That prior to final building and zoning inspections,
Condition Nos. 4, 6, 9, 10, 15, 17, 27, 29, 51 and 53,
above-mentioned, shall be complied with.
56. 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
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 11th day of
September, 1990.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:kh
3896L
091290
~9- CUP 3304
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-352 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 11th day of September, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Daly, 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-352 on the 19th day of September, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 19th day of September, 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-352, duly passed and
adopted by the Anaheim City Council on September 11, 1990.
CITY CLERK OF THE CITY OF ANAHEIM