90-405 RESOLUTION NO. 90R-405
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3307.
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
to permit a 2400 sq. ft. convenience market with fast food service
in an existing 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 NORTH 5.00 ACRES OF THE
EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4
SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 51 PAGE ll OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM, THAT PORTION LYING
EASTERLY OF THE WESTERLY LINE OF PARCEL 2 OF
DEED TO THE STATE OF CALIFORNIA FILED AUGUST
27, 1951 AS DOCUMENT NO. 23960, CERTIFICATE OF
TITLE NO. 14610, ON FILE IN THE OFFICE OF THE
REGISTRAR OF LAND TITLES OF SAID ORANGE COUNTY.
ALSO EXCEPTING THEREFROM, THE LAND DESCRIBED AS
PARCELS 1 AND 3 OF SAID DEED TO THE STATE OF
CALIFORNIA; 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. 90R-182 granting Conditional
Use Permit No. 3307; 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
CUP #3307
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 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,
Conditional Use Permit No. 3307 be, and the same is hereby, granted
permitting a 2400 sq. ft. convenience market with fast food service
CUP ~ 3307
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in an existing commercial retail center on the hereinabove
described real property with a waiver of the following provisions
of the Anaheim Municipal Code:
Sections 18.06.050.022 - Minimum number of
18.06.050.0232 Darkin~ spaces.
18.06.080 (116 required; 106
and 18.44.066.050 existing)
subject to the following conditions:
1. That the driveway on Lincoln Avenue shall be constructed
with fifteen (15) foot radius curb returns as required by the City
Engineer in conformance with Engineering Standards.
2. That a private water system with separate water service
for fire protection and domestic water shall be provided.
3. That the water backflow equipment and any other large
water system equipment shall be installed to the satisfaction of
the Water Utility Division in either (a) underground vaults or (b)
behind the street setback area in a manner fully screened from all
public streets and alleys.
4. 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 permits.
5. That this Conditional Use Permit is granted subject to
the adoption of a zoning ordinance in connection with
Reclassification No. 90-91-7, now pending.
6. 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 and 2.
7. That prior to commencement of the activity herein
approved, all on-site landscaping shall be upgraded and refurbished
to the reasonable satisfaction of the City; and further, that the
property owner and/or subject mini-market tenant shall be
responsible for any additional site maintenance necessitated by the
fast food activities approved in connection with this conditional
use permit (in addition to the regular site maintenance program for
the underlying commercial retail center)."
8. 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. 5, 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.
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9. That prior to final building and zoning inspections,
Condition Nos. 1, 2, 3, 4, 6 and 7, above-mentioned, shall be
complied with.
10. 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 13th day of November,
1990.
MAYO~ OF THE CY~ OF ~IM
CITY CLERK OF THE CITY OF ANAHEIM
JLW:db
R34C3307.113
CUP #3307
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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. 90R-405 was introduced and ado'pted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 13th day of November, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSBNT: COUNCIL MEMBERS: Pickler ~
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-405 on the 4th day of December, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 4th day of December, 1990.
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. 90R-405 duly passed and
adopted by the Anaheim City Council on November 13, 1990.
CITY CLERK OF THE CITY OF ANAHEI~