RES-1989-288 RESOLUTION NO. 89R-288
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3151.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from CHESTNUT PROPERTIES, 201S. Balcolm, Fullerton, CA 92652,
owners and KALIL MELAN, 923 Lamark Lane, Anaheim, CA 92802, agent,
to permit a 2,160 square foot convenience market upon certain real
property located within the City of Anaheim, County of Orange,
State of California, legally described as:
THAT PORTION OF LAND DESCRIBED IN DEED DATED MARCH 17,
1899, FROM WM. J. FAY, ET UX. TO SOUTH PACIFIC
COMPANY, RECORDED MAY 27, 1899, IN BOOK 42, PAGE 226
OF DEEDS, RECORDS OF SAID COUNTY, AND ALSO BEING A
PORTION OF LOT 33 OF ANAHEIM EXTENSION, AS SHOWN ON
MAP OF SURVEY BY WILLIAM HAMEL ON DECEMBER 11, 1868,
AND FILED IN BOOK 3, PAGE 163 OF LOS ANGELES COUNTY
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE
NORTHEASTERLY LINE OF THE 10.934 ACRE PARCEL OF LAND
DESCRIBED IN FINAL ORDER IN CONDEMNATION, SUPERIOR
COURT CASE NO. 33172, DATED NOVEMBER 4, 1936, BETWEEN
THE PEOPLE OF THE STATE OF CALIFORNIA, PLAINTIFF, AND
SOUTHERN PACIFIC RAILROAD COMPANY, ET AL., DEFENDANT,
RECORDED NOVEMBER 7, 1936, IN BOOK 847, PAGE 478,
OFFICIAL RECORDS OF SAID COUNTY, WITH THE EASTERLY
LINE OF WALNUT STREET (60 FEET WIDE, AS SAID STREET
EXISTED ON DECEMBER 11, 1868); THENCE NORTH 0° 14' 25"
WEST ALONG SAID EASTERLY LINE 21.90 FEET TO A POINT IN
THE SOUTHWESTERLY LINE OF THE 60 FOOT WIDE STRIP OF
LAND DESCRIBED IN DEED DATED MARCH 17, 1899, FROM W.
J. FAY, ET UX., TO SOUTHERN PACIFIC RAILROAD COMPANY,
RECORDED MAY 27, 1899, IN BOOK 42, PAGE 225 OF DEEDS,
RECORDS OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG
SAID SOUTHWESTERLY LINE ON A CURVE TO THE LEFT,
TANGENT TO SAID CURVE AT LAST MENTIONED POINT BEARS
SOUTH 70° 05' 48" EAST, HAVING A RADIUS OF 1462.47
FEET, A CENTRAL ANGLE OF 9° 45' 23" AN ARC DISTANCE
OF 249.03 FEET TO A POINT FOR THE M~ST WESTERLY CORNER
OF THE 9585, SQUARE FOOT PARCEL OF LAND DESCRIBED IN
DEED DATED OCTOBER 14, 1954, FROM SOUTHERN PACIFIC
RAILROAD COMPANY, ET. AL. TO STATE OF CALIFORNIA,
RECORDED FEBRUARY 2, 1955, IN BOOK 2943, PAGE 517,
CUP 3151
OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTHEASTERLY
ALONG THE SOUTHWESTERLY LINE OF SAID 9585 SQUARE FOOT
PARCEL OF LAND, ON A CURVE TO THE RIGHT, TANGENT TO
SAID CURVE AT LAST MENTIONED POINT BEARS SOUTH 32° 06'
35" EAST, HAVING A RADIUS OF 2290.00 FEET, A CENTRAL
ANGLE OF 2° 27' 06", AN ARC DISTANCE OF 97.99 FEET TO
THE MOST SOUTHERLY CORNER OF SAID 9585 SQUARE FOOT
PARCEL OF LAND, IN THE NORTHWESTERLY LINE OF SANTA ANA
STREET (49.5 FEET WIDE, AS SAID STREET, EXISTED ON
DECEMBER 11, 1868); THENCE SOUTH 74° 22' 20" WEST
ALONG SAID NORTHWESTERLY LINE AND ALSO THE
SOUTHEASTERLY LINE OF SAID LAND DESCRIBED IN SAID DEED
RECORDED IN BOOK 42, PAGE 226, A DISTANCE OF 141.55
FEET TO SAID NORTHEASTERLY LINE; THENCE NORTH 41° 02'
03" WEST ALONG SAID NORTHEASTERLY LINE, 161.10 FEET TO
A POINT; THENCE CONTINUING ALONG SAID NORTHEASTERLY
LINE, NORTHWESTERLY ON A CURVE TO THE LEFT, TANGENT TO
SAID CURVE AT LAST MENTIONED POINT IS LAST DESCRIBED
COURSE, HAVING A RADIUS OF 1959.91 FEET, A CENTRAL
ANGELES of 1° 47' 02", AN ARC DISTANCE OF 61.02 FEET
TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 0.590
OF AN ACRE, MORE OR LESS; 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. PC89-129 granting
Conditional Use Permit No. 3151; and
WHEREAS, thereafter, wit'hin 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.
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2. 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3151 be, and the same is hereby,
granted permitting a 2,160 square foot convenience market on the
hereinabove described real property, subject to the following
conditions:
I ·
That the property owner shall provide a satisfactory
electrical service entrance to serve the commercial units,
as required by the Electrical Engineering Division.
·
That no fast-food service facilities, electronic games or
video machines, shall be permitted in this convenience
market.
·
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.
That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from
view.
That the proposal shall comply with all signing requirements
of the CG "Commercial, General" Zone, unless a variance
allowing sign waivers is approved by the City Council,
Planning Commission or Zoning Administrator.
·
That the on-site landscaping shall be maintained in
compliance with City standards.
·
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.
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·
That prior of the commencement of the activity authorized by
this resolution or prior to issuance of a building permit,
or within a period of one year from the date of this
resolution, whichever occurs first, Condition No. 1,
above-mentioned, shall be complied with. Extensions for
further time to complete said conditions may be granted in
accordance with Section 18.05.090 of the Anaheim Municipal
Code.
·
That prior to the commencement of the activity herein
approved or prior to final building and zoning inspections
for subject use, whichever occurs first, Condition Nos. 3, 4
and 7, above-mentioned, shall be complied with.
10. That off premises sale of alcoholic beverages sales shall be
restricted to beer and wine only.
11. 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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 27th day of June, 1989.
ATTEST'
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062989
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CUP NO. 3151
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-288 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 27th day of June, 1989, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Daly, Ehrle and Hunter
NOES:
COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: Pickler
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-288 on the 6th day of July, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 6th day of July, 1989.
CITY CLERK OF THE C
( SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-288 duly passed and
adopted by the Anaheim City Council on June 27, 1989.
CITY CLERK OF THE CITY OF ANAHEIM