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90-352 RESOLUTION NO. 90R-352 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3304. 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 121,499 sq.ft. 47-unit commercial retail shopping center including a 1,000 sq.ft. service station with a food mart with fast food, a 45,000 sq.ft. market, an 8,000 sq.ft. semi-enclosed restaurant with on-sale alcoholic beverages, a 7,800 sq.ft. drug store and a 4,$24 sq.ft. freestanding bank upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: LOT 1 OF TRACT NO. 12996, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 624, PAGES 19 THROUGH 24, INCLUSIVE, 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. PC90-190 granting Conditional Use Permit No. 3304; 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. CUP 5504 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. 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 Conditional Use Permit No. 3304 be, and the same is hereby, granted permitting a 121,499 sq.ft. 47-unit commercial retail shopping center including a 1,000 sq.ft. service station with a food mart with fast food, a 45,000 sq.ft. market, an 8,000 sq.ft. semi-enclosed restaurant with on-sale alcoholic beverages, a 7,800 sq.ft. drug store and a 4,524 sq.ft. freestanding bank on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: -2- CUP 3304 SECTION 18.84.062.011 Minimum structural and landscaped setback from a scenic highway. (100 feet required from Weir Canyon Road; 55 to 86 feet proposed) SECTION 18.71.070.030(c)(1) Commercial entry signs. (1 sign permitted adjacent to Serrano Avenue; 4 signs proposed) SECTIONS 18.06.050.022 Minimum number of parking spaces. 18.06.050.0221 (795 required; 660 proposed) 18.06.050.0232 18.06.05.0233 18.06.080 and 18.44.066.050 SECTION 18.84.062.0141 Required wall adjacent to Canyon Creek Road. (6 foot high masonry wall required opposite residential uses; none proposed) SECTION 18.84.062.032 Roof-mounted equipment. (Roo£-mounted equipment prohibited; roof-mounted equipment proposed) subject to the following conditions: 1. 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. 2. 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. 5. That the appropriate fee shall be paid to the City of Anaheim for Santa Aria Canyon Road widening purposes, in an amount as established by City Council Resolution. 4. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a twelve (12) foot wide lane from the westerly driveway to Serrano Avenue on Weir Canyon Road, as determined by the City Traffic Engineer, for a deceleration lane to subject property. The legal owner/developer shall be responsible for constructing said deceleration lane. Street improvement plans shall be submitted to the Subdivision Section and improvement -5- CUP 3504 security shall be posted with the City of Anaheim prior to issuance of a building permit. The improvements shall be constructed prior to final building and zoning inspection for the first building. 5. 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. 402, 436, 602 and 605 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. That all driveways shall be constructed with fifteen (15) foot radius curb returns as required by the City Engineer in conformance with Engineering Standards. 7. That no outdoor storage shall be permitted. 8. That, as required by the City Traffic Engineer, no left turns shall be permitted on Weir Canyon Road to subject property. 9. That subject property shall be served by underground utilities. 10. That the legal owner/developer of subject property shall provide and install underground conduits, substructures, and related facilities to accommodate the underground line extension from the existing electrical systems to the project site. 11. That the legal owner/developer of subject property shall pay a fee in accordance with the City of Anaheim Rules, Rates and Regulations for the installation of underground cables, switches, pad mounted switches, transformers, capacitors, and related facilities to complete the underground line extension in the developer provided conduit/substructure systems. 12. That prior to commencement of structural framing, on-site fire hydrants shall be installed and charged as required and approved by the Fire Department. An all-weather road shall be provided to the hydrants at all times, as required by the Fire Department. 13. That fire sprinklers shall be installed as required by the Fire Department. 14. 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. -4- CUP 3304 iS. That prior to issuance of a building permit, plans submitted for building permits shall show that the trash storage area located south of pad "C" (as shown on Exhibit No. 1) is either relocated or accessed by a truck turn-around area, as approved by the Street Maintenance and Sanitation Division. 16. That the appropriate water bonds shall be posted with the Water Engineering Division as determined to be necessary by said division. 17. 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. 18. That all roof mounted equipment shall comply with the following standards and that such information shall be shown on plans submitted for building permits: 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 of the Anaheim Municipal Code. b. Roof mounted equipment shall be located or enclosed in such a manner so as not to be visible from any public street, public or private property at finished grade level, or from any floor level of any 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. 19. That the twenty thousand (20,000) sq.ft. of food uses (restaurant) shall be limited as follows: -5- CUP 3304 Fast food with seating: 10,000 sq.£t. maximum Sit-down waitress/waiter service: 8,000 sq.ft. maximum Fast food without seating: 2,000 sq.ft. maximum Food uses less intense than "fast food with seating" and/or sit-down waitress/waiter service may be approved when reviewed by the Planning Department (i.e. adding "fast food without seating" square footage by subtracting a like amount of square footage from the "fast food with seating" allowance) provided the applicant supplies the Planning Department with a complete list of tenants, square footages and available parking. 20. That, as required by the Uniform Fire Code, the following minimum standards shall apply to the service station with convenience market: a. Fuel dispensing devices shall be located a minimum distance of ten (10) feet from any property line and so located that all parts of a vehicle being serviced are on private property. b. Fuel dispensing devices shall be located not less than ten (10) feet from any building which is not fire resistive construction, Such devices shall also be located so that the nozzle, when the hose is fully extended, shall not reach closer than five (S) feet to any building opening. c. Fuel dispensing devices shall be protected against physical damage from vehicles by mounting on a concrete island a minimum of six (6) inches in height. Alternate methods of providing equivalent protection may be permitted when approved by the Fire Department. d. Dispensing of gasoline into fuel tanks or containers shall at all times be under the supervision of a qualified attendant. e. The attendant's primary function shall be to supervise, observe and control the dispensing of gasoline. f. Dispensing of gasoline shall not be into portable containers unless such containers are of approved material and construction, having a tight closure with screwed or spring cover, and so designed that the contents can be dispensed without spilling. g. It shall be the attendant's responsibility to control sources of ignition and immediately handle accidental spills and fire extinguishers if necessary. CUP 3305 h. Emergency controls shall be installed at a location acceptable to the Fire Department, but controls shall not be more than one-hundred (100) feet from dispensers. i. Instructions for the operation of dispensers shall be conspicuously posted. ~' j. Remote preset-type devices shall be in the "off" position while not in use so the fuel dispenser cannot be activated without the knowledge of the attendant. k. Fuel dispensing devices shall be in clear view of the attendant at all times and no obstacles shall be placed between the dispensing devices and the attendant. Use of cameras may be utilized as approved by the Fire Department. 1. The attendant shall at all times be able to communicate with persons in the fuel dispensing area ~ via a two-way speaker system. 21. That there shall be no sale of beer, wine or other alcoholic beverages of any kind on the premises of the service station with convenience market, unless a conditional use permit is approved specifically authorizing such use. 22. That during business hours of subject service station with convenience market, separate men's and women's restrooms shall be available to the public. The restrooms shall be properly supplied and maintained. Said facilities shall be specifically shown on the plans submitted for building permits. 23. That, in conformance with Anaheim Municipal Code Section ~,~ 18.44.050.070 pertaining to removal of closed service stations, an unsubordinated agreement shall be recorded with the office of the Orange County Recorder agreeing to remove the service station structures in the event that the station is closed for a period of twelve (12) consecutive months. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. A copy of the recorded agreement shall be submitted to the Zoning Division. 24. That the alcohol sales authorized by this resolution shall only occur in conjunction with the sale, serving and consumption of prepared food items (restaurant). ~' 25. 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 -7- CUP 3304 County Recorder. A copy of the recorded agreement shall then be submitted to the Zoning Division. In addition, provisions shall be made in the agreement to guarantee that the entire complex shall be managed and maintained as one integral parcel for purposes of parking, vehicular circulation, signage, land usage and architectural control. 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 a six (6) foot high masonry block wall shall be maintained along the north and west property line; 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. 28. 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 specified by Zoning Code Section 18.05.091.052. 29. That minimum fifteen (1S) gallon trees, planted on maximum twenty (20) foot centers and having appropriate irrigation facilities, shall be installed and maintained along the north and west property line. 50. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 51. That the parking area adjacent to Weir Canyon Road, Serrano Avenue and Canyon Creek Road shall be screened from view in conformance with Zoning Code Section 18.44.064.010. That as required by Code Section 18.84.062.020 (pertaining to commercial development in the Scenic Corridor), in addition to the required setback and slope landscaping, all parking area and vehicular accessways shall be permanently landscaped with at least one (1) tree per three thousand (5,000) sq.ft. of parking area and/or vehicular accessway, evenly distributed throughout the parking area. There shall be an average of forty eight (48) sq.ft. of planter area provided per tree. Each planter area shall have a minimum dimension of six (6) feet. Plans submitted for building permits shall show compliance with these requirements. CUP 5304 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 8; provided, however, (a) that a minimum seventy two (72) foot structural setback shall be maintained along Weir Canyon Road and (b) that the loading dock area shall be enclosed by a block wall, of an appropriate height to screen it from the adjacent residential condominiums. 54. 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 S, 11, 14, 15, 16, 18, 22, 25, 26 and 52, 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 final building and zoning inspections, Condition Nos. 4, 6, 9, 10, 15, 17, 27, 29, 51 and 53, above-mentioned, shall be complied with. 56. 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. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:kh 3896L 091290 ~9- CUP 3304 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-352 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: Ehrle, Daly, 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-352 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-352, duly passed and adopted by the Anaheim City Council on September 11, 1990. CITY CLERK OF THE CITY OF ANAHEIM