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RES-1989-014RESOLUTION NO. 89R-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3077. 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 from VICTORINA SOTELO, 3107 W. Lincoln Avenue, Anaheim, CA 92801, FRANKLIN EUGENE KRAATZ and JOYCE LA VAUN KRAATZ, 3111W. Lincoln, Avenue, Anaheim, CA 92801, and DAVID NEGRON and DIANA NEGRON, 3115 W. Lincoln Avenue, Anaheim, CA 92801, owners, and, NEWPORT PACIFIC REALTY AND INVESTMENT, 4400 MacArthur Blvd., 9th Floor, Newport Beach, CA 92660, agent, to permit an 8,SSS-square foot, 9-unit, commercial retail center upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: LOT 17 OF TRACT 1820, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOR S1, PAGES 31 AND 32, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. LOT 18 OF TRACT 1820, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK Si, PAGES 31-32, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. LOT 19 OF TRACT 1820, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 51, PAGES 31 AND 32, 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. PC88-333 granting Conditional Use Permit No. 3077; 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. 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 ali 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, Conditional Use Permit No. 3077 be, and the same is hereby, granted permitting an 8,855-square foot, 9-unit, commercial retail center on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: -2- SECTION 18.44.062.011 Maximum structural height· (0 and 12.5 feet permitted when located 0 and 25 feet from RS-00 zoning; 18-feet proposed) SECTION 18.44.-63.040 subject to the following conditions: Minimum open setback abutting residential zone boundary,,. (10 feet required adjacent to RS-7200 zoning; none proposed) i . That this Conditional Use Permit is granted subject to the adoption of the zoning Ordinance in connection with Reclassification No. 88-89-14, now pending. · 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 determined by City Council resolution. That prior to issuance of a building permit, the appropriate sewer assessment fees shall be paid to the City of Anaheim in an amount as determined by the City Engineer. . That sidewalks shall be installed along Lincoln Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. · That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. · That no restaurant facilities shall be permitted in this commercial retail center unless a variance for parking is approved by the City Council, Planning Commission or Zoning Administrator or sufficient parking in compliance with Code is provided. · That subject property shall be served by underground utilities. · That drainage of subject property shall be disposed of in manner satisfactory to the City Engineer. · 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. 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. ll. 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. 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. 13. That a six (6) foot high masonry block wall shall be constructed and maintained along the north, east and west property lines excepting the front setback where the wall height shall be three (3) feet. Subject wall shall be removed in the event that the adjacent property is rezoned to a commercial zone. 14. That building plans shall show that any proposed parking area lighting fixtures 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 adjacent residential property lines to protect the residential integrity of the area. 15. That the on-site landscaping shall be maintained in compliance with City standards. 16. That prior to issuance of a building permit, a parking/ circulation plan shall be submitted to the City Traffic Engineer for his review and approval, showing only one (1) vehicular access point on Lincoln Avenue for subject property. 17. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2; provided, however, there shall be no openings, (doors or windows) on the rear of the building facing the alley. 18. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 13, 14, and 16 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. -4- 19. That prior to final building and zoning inspections, Conditions Nos. 4, 5, 7, 8, 9, 10, 11 and 17, above-mentioned, shall be complied with. 20. 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 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. T~E FOREGOING RESOLUTION is approved and adopted by the City Council o£ the City of Anaheim this 17th day of ,January, 1989. ATTEST .... CITY' OLERK OF THE CITY OF ANAHEIM JL~: db 2905L 012089 -5- 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-14 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 17th day of January, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Daly AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 89R-14 on the 26th day of January, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of January, 1989. CiTY CLERK OF THE CITY OF ANAHEII~ (SEAL) I, LEONORA N. $OHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-14 duly passed and adopted by the Anaheim City Council on January 17, 1989. CITY CLERK OF THE CITY OF ANAHEIM