92-091 RESOLUTION NO. 92R-91
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3489.
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 commercial retail center consisting of 8,493 sq. ft. of
office use, 481 sq. ft. of retail use and 424 sq. ft. of restaurant
use upon certain real property located within the City of Anaheim,
County of Orange, State of California, legally described as:
THE NORTH HALF OF THE WEST HALF OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 4, SOUTH, RANGE 10 WEST,
IN THE RANCHO LAS BOLSAS, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY
CALIFORNIA.
EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN
TRACT NO. 3240, AS PER MAP RECORDED IN BOOK
113, PAGE 1, 2 AND 3 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY.
ALSO EXCEPT THEREFROM THAT PORTION INCLUDED
WITHIN THE LAND DESCRIBED IN DEED TO THE ORANGE
COUNTY FLOOD CONTROL DISTRICT, RECORDED IN BOOK
4069, PAGE 188 OF OFFICIAL RECORDS OF SAID
ORANGE COUNTY.
ALSO EXCEPT THEREFORM THAT PORTION LYING
NORTHERLY AND WESTERLY OF THE FOLLOWING
DESCRIBED LINE.
BEGINNING AT THE NORTHEAST CORNER OF LOT 37 OF
THE ABOVE MENTIONED TRACT NO. 3240; THENCE
ALONG THE EASTERLY PROLONGATION OF THE NORTH
LINE OF SAID LOT 37, NORTH 89° 13' 30" EAST
10.18 FEET; THENCE NORTH 00° 55' 30" WEST
186.00 FEET TO THE NORTH LINE OF SAID SECTION
28; 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
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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. PC92-27 granting Conditional
Use Permit No. 3489; 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
consideration 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.
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.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning Commission
and all evidence and reports offered at said public hearing before
the City Council regarding said requested waiver(s), that all 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 to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical
zoning classification in the vicinity.
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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, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3489 be, and the same is hereby, granted
permitting a commercial retail center consisting of 8,493 sq. ft.
of office use, 481 sq. ft. of retail use and 424 sq. ft. of
restaurant use on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
SECTIONS 18.04.043.102 - Maximum fence height.
and 18.41.064 (§ feet permitted; 9 feet proposed)
subject to the following conditions:
1. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval
showing conformance with the latest revision of
Engineering Standard Plan Nos. 436 and 602 pertaining to
parking standards and driveway locations. Subject
property shall thereupon be developed and maintained in
conformance with said plans.
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 an on-site trash truck turn-around area shall be
provided and maintained to the satisfaction of the
Department of Maintenance. Said turn-around area shall
be specifically shown on plans submitted for building
permits.
4. 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.
5. 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, that such information
shall be specifically shown on the plans submitted for
building permits.
6. That lighting fixtures in any proposed parking area
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
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adjacent residential property lines to protect the
residential integrity of the area and shall be
so-specified on the plans submitted for building permits.
7. That the proposal shall comply with all signing
requirements of the CO "Commercial Office and
Professional" Zone unless a variance allowing sign
waivers is approved by the City Council, Planning
Commission or Zoning Administrator.
8. That a landscape and irrigation plan for subject property
shall be submitted to the Zoning Division for review and
approval. Any decision made by the Zoning Division
regarding said plan may be appealed to the Planning
Commission and/or City Council.
9. 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.
10. That this Conditional Use Permit is granted subject to
adoption of a zoning ordinance in connection with
Reclassification No. 91-92-12, now pending.
11. 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 6; including a minimum ten (10) foot wide
landscaped setback along Katella Avenue.
12. That prior to issuance of a demolition permit for any of
the existing structures, the nine (9) foot high block
wall shall be constructed and completed.
13. That the existing eucalyptus trees and avocado trees
shall be trimmed and properly maintained.
14. 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, 2, 3, 4, 5, 6,
8 and 10, 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.
15. That prior to final building and zoning inspections,
Condition Nos. 12 and 14, above-mentioned, shall be
complied with.
16. 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
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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.
ATTEST: ,'~ ~- ~
JLW:dnl
R34C3489.12
050192
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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. 92R-91
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-91 on the 29th day
of April, 1992.
~N 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-91 duly passed and adopted by the City Council of the City of Anaheim on April 28, 1992.
CITY CLERK OF THE CITY OF ANAHEIM