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90-382 RESOLUTION NO. 90R-382 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3327. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to divide an existing 6,506 sq.ft. building into a 3-unit commercial retail center upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF LOT 40 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESIGNATED AS PARCELS 1 AND 2 ON A MAP FILED IN BOOK 48 PAGE S0 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and WHEREAS, the City Planning Commission did hold a public ---treating 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. PC90-213 granting Conditional Use Permit No. 3327; 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 adjoin- ing land uses and the growth and development of the area in which it is proposed to be located. CUP 3327 5. 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. 3327 be, and the same is hereby, granted to permit the division of an existing 6,506 sq.ft. building into a 3-unit commercial retail center on the hereinabove described real property, subject to the following conditions: 1. That no outdoor storage shall be permitted on-site. 2. That plans shall be submitted to the City Traffic Engineer for his review and approval showing conformance with the latest revision of Engineering Standard Plan Nos. 436, 602 and 605 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. 3. That all driveways on La Palma Avenue shall be reconstructed to accommodate fifteen (15) foot radius curb returns in conformance with Engineering Department Standards. 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 the new construction authorized by this resolution shall be served by underground utilities. 6. That the legal owner of subject property shall dedicate to the City of Anaheim an easement five (5) feet in width along the south property line for public utility purposes. 7. That separate electrical services and meter panels shall be provided for each leaseable unit, to the satisfaction of the Electrical Engineering Division. 8. That no prepared-food service facilities (fast food, restaurant, etc.) shall be permitted in subject commercial -2- CUP 3327 retail center unless a variance for parking is approved by the City Council, Planning Commission or Zoning Administrator or unless sufficient Code parking is provided. 9. 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. 10. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials; and, further, such information shall be specifically shown on the plans submitted for building permits. 11. That a six (6) foot high masonry block wall shall be maintained along the south and east property lines; provided, however, that the City Traffic Engineer shall have the authority to reduce the height of the wall to protect visual lines-of-sight where pedestrian and/or vehicular circulation intersect. Said block wall shall be planted and maintained with clinging vines to eliminate graffiti opportunities. 12. That any proposed parking area lighting fixtures located 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 and shall be indicated on the plans submitted for building permits. 15. 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; and except as otherwise limited in Condition No. 14, below. 14. That any proposed freestanding sign on subject property shall be monument-type not exceeding eight (8) feet in height and shall be subject to the review and approval of the City Traffic Engineer. 1S. 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 3. 16. 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. 2, 4, 6, 9, 10 and -3- CUP 3527 12, 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. 17. That prior to final building and zoning inspections, Condition Nos. 5, 5, 7 and 15, above-mentioned, shall be complied with. 18. 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 unen£orceable 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 9th day of October, 1990. ATTEST: JLW:kh 3920L 101090 -4- CUP 3327 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-382 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 9th day of October, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler 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. 90R-382 on the 17th day of October, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 17th day of October, 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-382, duly passed and adopted by the Anaheim City Council on October 9, 1990. CITY CLERK OF THE CITY OF ANAHEIM