RES-1989-131RESOLUTION NO. 89R-131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3111.
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 CITY EQUITIES ANAHEIM LTD, 1880 Century Park East, Suite 300,
Los Angeles, CA 90067, owner and RALPH MILLER, 1880 Century Park
East, Suite 300, Los Angeles, CA 90067, agent to permit a
19-unit, 36,739 sq.ft, commercial retail center upon certain real
property located within the City of Anaheim, County of Orange,
State of California, legally described as:
THE EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, PARTLY IN THE RANCHO SAN JUAN DE SANTA
ANA AND PARTLY IN THE RANCHO LOS COYOTES, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK $1, 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. PC89-43 granting
Conditional Use Permit No. 3111; 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:
GRNTG CUP 3111
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
Z. The proposed use will not adversely affect the adjoin-
ing 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.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off-street parking requirements, as follows:
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; and
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
identicallzoning classification in the vicinity; and
WHEREAS, the City Council does further find and
determine with regard to the proposed waiver of certain
off-street parking requirements that:
1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance under the conditions
imposed will not be detrimental to the peace, health, safety or
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 Conditional Use Permit No. 5111 be, and
the same is hereby, granted permitting a 19-unit, 36,739 sq. ft.
commercial retail center on the hereinabove described real
property with a waiver of the following provisions of the Anaheim
Municipal Code:
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SECTIONS 18.06.050.022
18.06.050.023
18.06.0'80
and 18.44.066.020
Minimum number of parking
spaces· 18·06·050.023
(216 requi'red; 181 proposed)
18.06.080 and 18.44.066.020
SECTION 18.44.063.050
Minimum landscaping of required
yard area·
('3 foot l'andscaped planter
adjacent to Lincoln Avenue
required; none proposed)
subject to the following conditions:
·
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 established by City Council
resolution.
·
That the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim an additional strip
of land along Lincoln Avenue, measured westerly from the
ultimate right-of-way line at the corner of the intersection
of Lincoln Avenue and Euclid Street, and varying in width
from twelve (12) feet for the first three hundred (300) feet
and then transitioning from twelve (12) feet to 0 feet for
the next three hundred (300) feet.
.
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 the existing driveway on Lincoln Avenue shall be
removed and replaced with standard curb and gutter and
sidewalk.
.
That the driveway shall be constructed with ten (10) foot
radius curb returns as required by the City Engineer.
·
That drainage of subject property shall be disposed of in a
manner satisfactory to the City Engineer.
.
That street lighting facilities along Lincoln Avenue shall
be installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of
Utilities General Manager; or that security in the form of a
bond, certificate of deposit, letter of credit, or cash, in
an amount and form satisfactory to the City of Anaheim,
shall be posted with the City to guarantee the satisfactory
completion of the above-mentioned improvements. Said
security shall be posted with the City of Anaheim prior to
issuance of a building permit. The above-required
improvements shall be installed prior to occupancy.
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·
That subject property shall be served by underground
utilities.
·
That the legal property owner shall dedicate to the City of
Anaheim a five (5) foot wide public utility easement along
the west property line, as required by the City Electrical
Engineering Division. Proof of said recorded easement shall
be submitted to the Zoning Division.
10. That prior to issuance of a building permit, the appropriate
fees due for primary mains and fire protection service shall
be paid to the Water Utility Division in accordance with
Rules ISA and 20 of the Water Utility Rates, Rules and
Regulations.
11. That prior to commencement of structural framing, on-site
fire hydrants shall be installed and charged as required and
approved by the City Fire Department.
12. That no restaurant or other fast-food service 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
Code parking is provided. The amount of 'sit-down'
restaurant(non fast-food) area shall not exceed five
thousand five hundred ten (5510) sq.£t, for subject
commercial center.
13. That a fee shall be paid to the City of Anaheim for tree
planting along Lincoln Avenue in an amount as established by
City Council resolution.
14. That a reciprocal access and parking agreement between
subject property and the property to east shall be recorded
with the Office of the Orange County Recorder. Prior to
recordation, a copy of said agreement shall be submitted to
the City Attorney for approval as to form. A copy of the
recorded agreement shall then be submitted to the Zoning
Division.
15. That the legal owner of subject property shall record an
agreement agreeing that the residual portion of the parking
spaces located in the "critical intersection dedication"
area shall be replaced with a four (4) to eleven (11) foot
wide fully landscaped and irrigated planter at the time
"critical intersection improvements" are made adjacent to
subject property. Prior to recordation with th"e Office of
the Orange County Recorder, the proposed agreement shall be
submitted to the City Attorney for review and approval as to
form. A copy of the recorded agreement shall then be
submitted to the Planning Department.
16. 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.
-4- GRNTG CUP 3111
17. 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.
18. 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.
19. That a six (6) foot high masonry block wall shall be
constructed and maintained along the portion of the west
property line adjacent to residential zoning.
20. 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.
21. That the on-site landscaping shall be maintained in
compliance with City standards.
22. That subject property shall be developed substantially in
accordance with plans and specifications on file with the
City of Anaheim marked of Exhibit Nos. 1 through 5.
23. 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, 7, 9, 10, 13,
14, 15, 19 and 20, 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.
24. That prior to final building and zoning inspections,
Condition Nos. 3, 4, 5, 6, 7, 8, 16, 17 and 22,
above-mentioned, shall be complied with.
25. 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
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conditions, or any part thereof, be declared invalid or
unenforceable by the final judgment o£ any court o£ 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 18th day of April, 1989.
ATTEST:
CITY CLERK O]~ T'HE CITY OF ANAHEIM
JLW' db ~ ~
3041L
04Z189
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GRNTG CUP 3111
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-131 was introduced and adopted at a regular
meetin8 provided by law, of the City Council of the City of Anaheim held on
the 18th day of. April, 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-131 on the 27th day of April, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 27th day of April, 1989.
CITY CLERK OF THE CITY OF ANAHEIM
(S~L)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-131 duly passed and
adopted by the Anaheim City Council on April 18, 1989.
CITY CLERK OF THE CITY OF ANAHEIM