92-092 RESOLUTION NO. 92E-92
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3496.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
expand a convenience market upon certain real property located
within the City of Anaheim, County of Orange, State of California,
legally described as:
THE NORTH 110.00 FEET OF THE SOUTH 310.00 FEET
OF THE WEST 200.00 FEET OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO
LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SAID SECTION IS
INDICATED ON A MAP RECORDED IN BOOK 51, PAGE 10
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. PC92-31 granting Conditional
Use Permit No. 3496; 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 #3496
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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3496 be, and the same is hereby, granted
permitting to expand a convenience market on the hereinabove
described real property, subject to the following conditions:
1. That no fast-food service facilities shall be permitted
in subject convenience market unless a variance for
parking is approved by the City Council, Planning
Commission or Zoning Administrator or unless sufficient
Code parking is provided.
2. That a Plan Sheet for solid waste storage and collection
and a plan for recycling shall be submitted to the
Department of Maintenance for review and approval.
3. That the on-site landscaping and irrigation system shall
be maintained in compliance with City standards.
4. That any tree planted on-site shall be replaced in a
timely manner in the event that it is removed, damaged,
diseased and/or dead.
5. 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 No. 1.
6. That prior to commencement of the activity herein
approved, 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 No. 2,
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.
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7. That prior to commencement of the activity herein
approved, or prior to final building and zoning
inspections whichever occurs first, Condition No. 5,
above-mentioned, shall be complied with.
8. That the business hours of operation shall be from 7:00
a.m. (earliest) to 9:00 p.m. (latest).
9. 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 28th day of April, 1992.
THE CITY/O~ AN~M ~ ~
ATTEST:
CITY CLERK OF THE OF ANAHEIM
JLW:dnl
R34C3496.12
050192
- 3 -
CUP #3496
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. $OHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 92R-92
was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 28th
day of April, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Ehrle
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 92R~92 on the 29th day A
of April, 1992.
iN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th
day of April, 1992.
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. 92R-92 duly passed and adopted by the City Council of the City of Anaheim on April 28, 1992.
CITY CLERK OF THE CITY OF ANAHEIM