90-161 RESOLUTION NO. 90R-161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3250.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit an amusement (Go-Kart) facility upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE
CENTERLINE OF THE STATE HIGHWAY AS IT EXISTED ON
OCTOBER 9, 1926 WITH THE SOUTHEASTERLY LINE OF THE
TRACT OF LAND FORMBRLY OWNED BY ALVA E. HARGROVE AND
ELIZABETH HARGROVE, SAID POINT BEING SOUTH 45 DEC.
WEST 722.10 FEET FROM A POINT 288.34 FEET WEST OF THE
NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 23; THENCE
NORTHWESTERLY ALONG SAID CENTERLINE OF THE STATE
HIGHWAY 211 FEET; THENCE NORTH 45 DEC. EAST 25?.75
FEET; THENCE SOUTHEASTERLY 211 FEET, MORE OR LESS TO A
POINT IN SAID SOUTHEASTERLY LINE OF THE LAND FORMERLY
OWNED BY HARGROVE 273.5 FEET NORTH 45 DEC. EAST OF THE
POINT OF BEGINNING; THENCE SOUTH 45 DEC. WEST 273.5
FEET ALONG SAID LINE TO THE POINT BEGINNING; 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. PC90-78 granting
Conditional Use Permit No. 3250; 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
CUP 3250
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.
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.
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. 3250 be, and the same is hereby,
granted permitting an amusement (Go-Kart) facility on the
hereinabove described real property, subject to the following
conditions:
1. That the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land
fifty (50) feet in width from the centerline of the street
along Anaheim Boulevard for street widening purposes.
2. That the petitioner shall submit four (4) sets of plans to
the Orange County Health Department; and, after approval,
shall submit three (5) of those four stamped "approved" sets
to the City of Anaheim Fire Department for review and
approval of the installation of the underground gas tank.
3. That currently serviced fire extinguishers shall be provided
within seventy five (75) travel feet of the fueling area.
4. 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.
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That pursuant to Chapter 17.31 "additional development fees
- Anaheim Stadium Business Center" of the Anaheim Municipal
Code, a development fee for the Anaheim Stadium Business
Center shall be paid to the City of Anaheim in an amount as
determined by the City Council.
6. That pursuant to Chapter 17.30 "interim development fees
Anaheim Business Center" of the Anaheim Municipal Code, a
development fee for the Anaheim Stadium Business Center
shall be paid to the City of Anaheim in an amount as
determined by the City Council.
7. That the existing most northerly driveway on Anaheim
Boulevard shall be removed and replaced with standard curb,
gutter, sidewalk and landscaping.
8. That plans shall be submitted to the City Traffic Engineer
for his review and approval showing conformance with
Engineering Standard Plan Nos. 436 and 602 pertaining to
parking standards. Subject property shall thereupon be
developed and maintained in conformance with said plans.
9. That the driveway on Anaheim Boulevard shall be constructed
with fifteen (1S) foot radius curb returns as required by
the City Engineer in conformance with Engineering Standard
No. 137.
10. 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.
11. That a fee for street tree purposes shall be paid to the
City of Anaheim based on length of street frontage along
Anaheim Boulevard in an amount as established by City
Council resolution.
12. That prior to issuance of a building permit, the Stadium
Area water facilities fees and/or advances shall be paid to
the Water Engineering Division in accordance with Rule 1SD
of the Water Utility Rates, Rules and Regulations.
13. That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from
view. Such information shall specifically be shown on the
plans submitted for building permits.
14. That prior to the commencement of the activity authorized
under this resolution, or prior to the time that a building
permit is issued, or within a period of ninety (90) days
from the date of this resolution, whichever occurs first,
the legal owner(s) of subject property shall execute and
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record an unsubordinated covenant in a form approved by the
City Attorney's Office wherein such owner[s) agree not to
contest the formation of any assessment district(s) which
may hereafter be formed pursuant to the provisions of
Development Agreement No. 83-01 between the City of Anaheim
and Anaheim Stadium Associates, which district(s) could
include such legal property owner's property.
15. That the proposal shall comply with all signing requirements
of the CH "Commercial, Heavy" Zone, unless a variance
allowing sign waivers is approved by the City Council,
Planning Commission or Zoning Administrator.
16. Deleted.
17. That the on-site landscaping and irrigation system shall be
refurbished and maintained in compliance with City standards.
18. That the parking area adjacent to Anaheim Boulevard shall be
screened from view by a minimum five (S) foot wide fully
landscaped and irrigated planter area. Such information
shall be specifically shown on the plans submitted for
building permits.
19. That this conditional use permit is granted for a period of
(3) years, to expire on March 26, 1993.
20. That prior to installation of more than four (L) arcade
devices, an Arcade Permit shall be applied for and approved
subject to Municipal Code Chapter 4.14 "Amusement Devices".
21. 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.
22. That prior to commencement of the activity authorized by
this resolution, or 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, 2,
5, 6, 8, 10 through 13, and 18, above-mentioned, shall be
complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
25. That prior to the commencement of the activity authorized by
this resolution or final building and zoning inspections,
whichever occurs first, Condition Nos. 5, 7, 9, 17 and 21,
above-mentioned, shall be complied with.
24. 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 8th day of May, 1990.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:kh
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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. 90R-161 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 15th day of May, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: Daly
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-161 on the 17th day of May, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 17th day of May, 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-161, duly passed and
adopted by the Anaheim City Council on May 8, 1990.
CITY CLERK OF THE CITY OF ANAHEIM