90-353 RESOLUTION NO, 90R-353
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3253.
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 30-unit commercial retail center, including
14,000 sq.ft. of semi-enclosed fast food restaurants, 1
freestanding restaurant with outdoor seating and on-premise sale
and consumption of alcoholic beverages upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 84 PAGES 5
TO 8 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, 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. PC90-77 granting
Conditional Use Permit No. 3253; 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 3253
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.
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 identical
zoning 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 that Conditional Use Permit No. 3255 be,
and the same is hereby, granted permitting a 50-unit commercial
retail center, including 14,000 sq.ft. of semi-enclosed fast food
restaurants, 1 freestanding restaurant with outdoor seating and
on-premise sale and consumption of alcoholic beverages on the
hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
-2- CUP 3253
SECTIONS 18.06.050.0211 Minimum number of parking
18.06.050.022 spaces. (419 required;
18.06.050.0231 314 propose--~
18.06.050.0233
18.06.080
and 18.44.066.050
SECTION 18.84.062.012 Minimum structural setback.
(50 feet required from Imperial
Hig w--~, 21 feet proposed)
(C) SECTION 18.84.062.032 - Prohibited roof-mounted
equipment. (Roof-mounted
equipment prohibited;
roof-mounted equipment proposed)
subject to the following conditions:
1. That prior to issuance of a building permit, the legal
property owner shall complete either of the following:
(a) Record a Parcel Map in the Office of the Orange County
Recorder; or
(b) Record a covenant to be approved by the City Attorney
covenanting that the subject property is not currently
in violation of the Subdivision Map Act; and that prior
to any action which will constitute a subdivision
including sale of any structure constructed on the
subject property, the owner shall record a parcel map
approved by the City of Anaheim which conforms to the
City's requirements relative to setbacks, Fire Code
limitations and all other items which would have been
required if the parcel map had been processed at the
time the structures were constructed.
2. That grading and drainage of subject property shall conform
to Chapters 17.04 "Grading, Excavations, Fills and Water
Courses" and 17.06 "Grading, Excavations, and Fills in
Hillside Area" of the Anaheim Municipal Code.
3. That the existing street improvements along La Palma Avenue
fronting subject property and the adjacent property to the
east (Parcel 3 of a Parcel Map recorded in Book 84, pages
5-8) shall be removed and full street improvements shall be
reconstructed at the location designated by the City for the
Critical Intersection. Prior to issuance of a building
permit, street improvement plans shall be submitted to and
improvement security shall be posted with the Subdivision
Section. The plans shall be designed and constructed in
accordance with standard plans and specifications on file in
the office of the City Engineer. The street improvements
shall be installed prior to occupancy of the first building.
-3- CUP 3253
4. That the existing street improvements along Imperial Highway
fronting subject property and the adjacent property to the
south (Parcel 3 of a Parcel Map recorded in Book 84, pages
5-8) shall be removed and full street improvements shall be
reconstructed at the location designated by the City for the
critical intersection and the deceleration lane. The street
improvement plans shall initially be submitted to Caltrans
for review. Prior to issuance of the first building permit,
~'~-~ said improvement plans shall be submitted to the City of
Anaheim Subdivision Section together with initial review
comments from Caltrans, and improvement security shall be
posted with the City of Anaheim. The plans shall be
designed and constructed in accordance with Caltrans
standard plans and specifications.
5. That prior to issuance of a building permit, the appropriate
major thoroughfare and bridge fee shall be paid to the City
of Anaheim in an amount as specified in the Major
Thoroughfare and Bridge Fee Program for the Foothill/Eastern
Transportation Corridor, as established by City Council
~ resolution.
6. 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.
7. That plans shall be submitted to the City Traffic Engineer
for his review and approval showing conformance with
Engineering Standard Plan Nos. 436, 601, 602, 604 and 605
pertaining to parking standards. Subject property shall
thereupon be developed and maintained in conformance with
said plans.
8. That the driveway on Imperial Highway shall be constructed
with ten (15) foot radius curb returns as required by the
~ City Engineer in conformance with Engineering Standard No.
137.
9. That no outdoor storage areas shall be permitted.
10. That in the event a parcel map to subdivide subject property
is recorded, an unsubordinated reciprocal access and parking
agreement, in a form satisfactory to the City Attorney,
shall be recorded with the office of the Orange County
Recorder. Said agreement shall specifically include
reciprocal ingress and egress to and from the driveways on
both La Palma Avenue and Imperial Highway, across subject
property, to and from the adjacent properties to the
southeast (currently developed with a bank) and to the west
~ (currently developed with a theater). Additionally, said
agreement shall include provisions to guarantee that the
entire subject property shall be managed and maintained as
one integral project for purposes of parking, circulation,
CUP 3253
signage, land usage and architectural control. A copy of
the recorded agreement shall be submitted to the Zoning
Division.
ll. That prior to issuance of a building permit, the appropriate
fee for primary water mains shall be paid to the Water
Engineering Division in accordance with Rules 15A and 20 of
the Water Utility Rates, Rules and Regulations.
12. That a private water system with separate fire and domestic
water services shall be provided. The water backflow system
shall be installed in underground vaults, as required by the
City Water Engineering Division. All water service shall be
taken from La Palma Avenue.
15. That street lighting facilities along La Palma Avenue and
Imperial Highway shall be installed as required by the
Utilities General Manager in accordance with specifications
on file in the Office of the 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 to guarantee installation and completion prior to
occupancy.
That subject property shall be served by underground
utilities.
15. That a fee in an amount established by the City Engineer
shall be paid to the City for the relocation of power poles
to be relocated as a result of street improvements.
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. Such information shall be
specifically shown on the plans submitted for building
permits.
17. 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. An all-weather road
shall be provided to the hydrant at all times, as required
by the Fire Department.
18. That fire sprinklers shall be installed as required by the
Fire Department.
19. That a covenant shall be recorded to the satisfaction of the
City Attorney and Eire Department guaranteeing that, in the
event a building is sold separately from the remainder of
-5- CUP 5255
the center, each building shall have a separate and
independent water service.
20. That any roof mounted equipment shall be subject to the
£ollowing:
(a) Screening of equipment shall be provided by acceptable
permanent building materials the same as or similar to
those which are used in the construction of the
underlying building or shall be screened from view by
acceptable architectural features of the building
itself. Said screening shall not exceed the height
limit as established by Section 18.84.062.031
"Building, and Structural Height Limitations" of the
Zoning Code.
(b) Equipment shall not be visible from any public street,
or public or private property at finished grade level,
or any floor level of any nearby residential structure.
(c) In order to minimize the visibility of screening
methods and/or materials, all equipment shall be
painted to match the roof on which it is located, as
well as painted to match any materials used for
equipment screening.
(d) The method and/or screening material which is used
shall not be readily recognizable as a screening
device, but shall be designed as an integral design
component of the building design.
(e) All equipment screening shall be retained and
maintained in good condition.
21. That prior to issuance of a building permit, an integrated
sign program for all on-site signs shall be submitted to the
Planning Commission for their review and approval as a
Report and Recommendation item.
22. That prior to issuance of a building permit for the
freestanding restaurant, final specific plans shall be
submitted to the Planning Department for review and approval
by the Planning Commission as a Report and Recommendation
item. Said plans shall minimally consist of a floor plan,
elevation drawings, signage and roof mounted equipment plans.
25. That prior to issuance of each business license application
for food service use or medical/dental office use, the
applicant shall provide the Zoning Division with a complete
tenant list provided by the property manager, indicating the
existing square footage of each use in order to determine
the status of the parking allowance for the commercial
center.
-6- CUP 3253
24. That a fee for street tree purposes shall be paid to the
City of Anaheim based on the length of street frontages
along Imperial Highway and La Palma Avenue, in an amount as
established by City Council resolution.
That the "on-site" alcoholic beverages authorized by this
resolution shall only occur in conjunction with the sale of
prepared food items.
26. 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.
27. That unless a variance is applied for and granted, lighting
of signage for subject property shall be prohibited between
the hours of midnight and 6:30 a.m., as required by Zoning
Code Section 18.05.091.052.
28. That the on-site landscaping and irrigation system shall be
maintained in compliance with City standards.
29a. That in conformance with Code Section 18.84.062.020
"Landscaping", landscaping shall include at least one (1)
tree per three thousand (3,000) square feet of parking area
and/or vehicular access way evenly distributed throughout
the parking area. There shall be an average of forty eight
(48) square feet of planter area provided per tree. Said
planter areas shall have a minimum dimension of six (6)
feet. Landscape plans shall indicate conformance with these
requirements. Said landscaping shall be permanently
maintained and refurbished as necessary.
29b. That prior to issuance of a building permit, specific
landscaping plans shall be submitted for the landscaped
planters along Imperial Highway. Said plans shall be
limited to the Planning Department for review and approval
and shall include the following information: plant species,
plant sizes, spacing between plants and the number of
plants. Further, said proposed landscaping shall include
specimen-sized trees and other plant material which will
provide as mature and/or established a landscaped appearance
as possible at the time of planting.
30. That this Conditional Use Permit is granted subject to the
adoption of a zoning ordinance in connection with
Reclassification No. 89-90-48, now pending.
31. 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
-7- CUP 3253
file with the Planning Department marked Revision No. 1 of
Exhibit No. 1, and Exhibit Nos. 2 through 4.
32. 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 through 7, 11, 13,
15, 16, 19, 20, 21, 22, 24, 26, 29a, 29b, and 50,
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.
35. That prior to final building and zoning inspections,
Condition Nos. 3, 4, 8, 12, 13, 14, 18, 20 and 51,
above-mentioned, shall be complied with.
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 11th day of September,
1990.
OF THE CI~/DF ANAHEI~
O~E CI~TY~OF ANAHEIM
JLW:kh
3898L
091490
-8- CUP 3255
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-353 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 11th day of September, 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-353 on the 19th day of September, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 19th day of September, 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~353, duly passed and
adopted by the Anaheim City Council on September 11, 1990.
CITY CLERK OF THE CITY OF ANAHEIM