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RES-1989-433 RESOLUTION NO. 89R-433 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3201. WHEREAS, the City Planning Commission of the City of Anaheim did received an application for a conditional use permit from BROADWAY MAGNOLIA ASSOCIATES, HARBOR PACIFIC DEVELOPMENT, 4040 MacArthur Boulevard, Suite 314, Newport Beach, CA 92660, owner, and HASSAN MILANI, 9372 Shannon Avenue, Garden Grove, CA 92641, agent, to permit a 1,620-square foot convenience market (specialty grocery store) within an existing commercial retail center upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL A: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP RECORDED IN BOOK 14, PAGE 32 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL B: THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDER IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, BEING THE INTERSECTION OF THE CENTERLINE OF BROADWAY STREET WITH THE CENTERLINE OF MAGNOLIA AVENUE, AS PORTIONS OF SAID STREETS WERE DESCRIBED IN THE EASEMENT DESCRIBED IN A DEED TO THE CITY OF ANAHEIM, RECORDED MAY 31, 1960, IN BOOK 5267, PAGE 216 OF OFFICIAL RECORDS; THENCE NORTH o DEG. 11' 50" WEST, ALONG SAID CENTERLINE OF MAGNOLIA AVENUE 179.50 FEET; THENCE SOUTH 89 DEG. 36' 00" WEST 53.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEG. 36' 00" WEST 135.00 FEET; THENCE SOUTH 0 DEG. 11' 50" EAST 134.50 FEET TO THE NORTHERLY LINE OF SAID BROADWAY STREET; THENCE NORTH 89 DEG. 36' 00" EAST ALONG SAID NORTHERLY LINE 120.05 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 15.00 FEET; THENCE EASTERLY NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGEL OF 89 DEG. 47' 50" AN ARC DISTANCE OF 23.51 FEET TO A TANGENT LINE, SAID TANGENT LINE BEING THE WESTERLY LINE OF SAID MAGNOLIA AVENUE; THENCE NORTH 0 DEG. 11' 50" WEST ALONG SAID WESTERLY LINE 119.55 FEET TO THE TRUE POINT OF BEGINNING. PARCEL C: THAT PORTION OF THE SOUTH ONE-HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, S. B. B. & M., IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, S.B.B. & M., AND RUNNING THENCE SOUTHERLY 348 FEET TO THE POINT DESIGNATED HEREIN AS A POINT OF BEGINNING; THENCE AT RIGHT ANGLES WESTERLY 192 FEET; THENCE AT RIGHT ANGLES SOUTHERLY 40 FEET; THENCE AT RIGHT ANGLES EASTERLY 20 FEET; THENCE AT RIGHT ANGLES NORTHERLY 30 FEET: THENCE AT RIGHT ANGLES EASTERLY 172 FEET, MORE OR LESS, TO THE EAST BOUNDARY LINE OF THE SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE AT RIGHT ANGLES NORTHERLY 10 FEET TO THE POINT OF 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. PC89-240 granting Conditional Use Permit No. 3201; and WHEREAS, thereafter, within the tie 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 sue 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. -2- 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. 3201 be, and the same is hereby, granted to permit a 1.620-square foot convenience market (specialty grocery store) within an existing commercial retail center on the hereinabove described real property, subject to the following conditions: 1. That the legal owner of subject property shall dedicate to the City of Anaheim a strip of land five (5) feet in width located along the west property line of subject property for public utility purposes. 2 (a) That no prepared-food service facilities (ie. fast food) shall be permitted in this convenience market unless a variance for parking is approved by the City Council, Planning Commission or Zoning Administrator or sufficient Code parking is provided. (b) That no off-sale of alcholic beverages shall be permitted in the convenience market. 3. 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 permi ts . 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 plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 6. That the proposal shall comply with all signing requirements of the CL "Commercial, Limited" Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 7. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. -3- 8. That this conditional use permit is granted subject to the recordation of Parcel Map No. 89-215. 9. 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 4. 10. That prior to commencement of the activity authorized by this resolution, or prior to the 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, 3, 4, 5, and 8, 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. 11. That prior to the commencement of the activity authorized by this resolution, or final building and zoning inspections whichever occurs first, Condition No.9, above-mentioned, shall be complied with. 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 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 14th day of November, 1989. ATTEST: ~?L~ ~ ~ Cf!e 4 ~ OF ~TY OE NAHEIM CITY CLERK OF THE CITY OF ANAHEIM JLW:db 338lL 111789 -4- 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. 89R-433 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 14th day of November, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood 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. 89R-433 on the 27th day of November, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of November, 1989. ~~ ~ S<<- CITY CLERK OF THE CITY OF ANAHEIM (S EAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-433 duly passed and adopted by the Anaheim City Council on November 14, 1989. ~~?( ~ CITY CLERK OF THE CITY OF ANAHEIM