93-187 RESOLUTION NO. 93R-187
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING
REVISION NO. 1 TO CONDITIONAL USE
PERMIT NO. 3550 HERETOFORE APPROVED
PURSUANT TO PLANNING COMMISSION
RESOLUTION NO. PC-120
WHEREAS, on October 5, 1992, the Anaheim City Planning
Commission approved Conditional Use Permit No. 3550 under
Resolution No. PC-92-120 (permitting a 6-unit commercial retail
center with building heights in excess of 35 feet and including 2
drive-through restaurants, one freestanding restaurant with on-
premise sale and consumption of alcoholic beverages, an
automotive repair center and an outdoor garden center, and with
waivers of minimum number of parking spaces, required site
screening, required landscaped setback and permitted roof mounted
equipment) was approved, in part, denying that portion of the
request pertaining to the on-premise sale and consumption of
alcoholic beverages because a specific tenant for the restaurant
pad had not been identified; and
WHEREAS, the petitioner currently requests approval of
revised plans (labeled Revision No. 1) for Conditional Use Permit
No. 3550 to permit a 172,231 square foot K-mart "super store"
which includes grocery, general retail sales, an automotive
repair center, an outdoor garden center, a free-standing
satellite dish and with waivers of required site screening,
required landscaped setback and permitted roof mounted equipment;
and
WHEREAS, the City Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim on July 26,
1993 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of
the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed revised plans for
Conditional Use Permit No. 3550 and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection,
investigation and study 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. PC 93-87 approving
Revision No. 1 to Conditional Use Permit No. 3550; 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
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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 a 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.
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,
Revision No. 1 to Conditional Use Permit No. 3550 be, and the
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same is hereby, granted permitting a 172,231 square foot K-mart
"super store" which includes grocery, general retail sales, an
automotive repair center, an outdoor garden center, and a free-
standing satellite dish is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section
18.44.050.085 and 18.84.062.033, with waiver of the following:
Section 18.44.068 - Required site screeninG.
(6 foot high block wall adjacent
to freeway required;
none proposed)
Section 18.84.02.011 - Required landscaped setback.
(100 foot structural setback
adjacent to freeway required;
44 feet for satellite dish
proposed)
Section 18.84.062.032 - Permitted roof mounted
e~uiDment.
(Roof mounted equipment
prohibited;
roof mounted equipment proposed)
(roof mounted equipment
prohibited; roof mounted
equipment proposed)
subject to the following conditions which amend and supersede in
their entirety the conditions of approval contained in Resolution
No. PC-92-120:
1. That the developer shall be responsible for compliance
and any direct costs associated with Mitigation
Monitoring Plan No. 55 (as revised at the July 26, 1993
Planning Commission public hearing) as established by the
city and as required by Section 21081.6 of the Public
Resources Code to ensure implementation of those
mitigation measures in said plan.
2. That the proposed satellite dish shall be screened in
compliance with Section 18.84.062.033 of the Anaheim
Municipal Code.
3. That outdoor storage of tires, batteries or other
automotive accessories shall be prohibited.
4. That the outdoor garden center shall only be used for the
storage and display of landscape nursery related items.
5. That no banners or other advertising shall be displayed
within the automotive service bays facing any public
right-of-way unless a special events permit is first
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obtained from the Planning Department.
6. 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. The trees shall be maintained by a
certified arborist.
7. That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit No. 3206
(approved in 1990 to permit a commercial center with
waivers) to the Zoning Division.
8. 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 Revision No. 1
of Exhibit Nos. 1 through 4.
9. 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 No. 7, 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.
10. That prior to final building and zoning inspections,
Condition No. 8, above-mentioned, shall be complied with.
11. That signs shall be posted both inside and outside the
automotive repair building prohibiting patrons from
working on cars in the parking lot.
12. 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 jurisdictions, then this
Resolution, and any approvals herein contained, shall be deemed
null and void.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 14th day of
September , 1993.
~YOR~ TH~~EIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW: lm
3944.1\JWHITE\September 16, 1993 5
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. 93R-187 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 14th day of September, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pickler
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-187 on
the 15th day of September, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 15th day of September, 1993.
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. 93R-187 was duly passed and adopted by the City Council of the City of Anaheim on
September 14, 1993.
CITY CLERK OF THE CITY OF ANAHEIM