Loading...
90-161 RESOLUTION NO. 90R-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3250. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit an amusement (Go-Kart) facility upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE STATE HIGHWAY AS IT EXISTED ON OCTOBER 9, 1926 WITH THE SOUTHEASTERLY LINE OF THE TRACT OF LAND FORMBRLY OWNED BY ALVA E. HARGROVE AND ELIZABETH HARGROVE, SAID POINT BEING SOUTH 45 DEC. WEST 722.10 FEET FROM A POINT 288.34 FEET WEST OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; THENCE NORTHWESTERLY ALONG SAID CENTERLINE OF THE STATE HIGHWAY 211 FEET; THENCE NORTH 45 DEC. EAST 25?.75 FEET; THENCE SOUTHEASTERLY 211 FEET, MORE OR LESS TO A POINT IN SAID SOUTHEASTERLY LINE OF THE LAND FORMERLY OWNED BY HARGROVE 273.5 FEET NORTH 45 DEC. EAST OF THE POINT OF BEGINNING; THENCE SOUTH 45 DEC. WEST 273.5 FEET ALONG SAID LINE TO THE POINT BEGINNING; 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. PC90-78 granting Conditional Use Permit No. 3250; 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 3250 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. 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, that Conditional Use Permit No. 3250 be, and the same is hereby, granted permitting an amusement (Go-Kart) facility on the hereinabove described real property, subject to the following conditions: 1. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land fifty (50) feet in width from the centerline of the street along Anaheim Boulevard for street widening purposes. 2. That the petitioner shall submit four (4) sets of plans to the Orange County Health Department; and, after approval, shall submit three (5) of those four stamped "approved" sets to the City of Anaheim Fire Department for review and approval of the installation of the underground gas tank. 3. That currently serviced fire extinguishers shall be provided within seventy five (75) travel feet of the fueling area. 4. 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. -2- That pursuant to Chapter 17.31 "additional development fees - Anaheim Stadium Business Center" of the Anaheim Municipal Code, a development fee for the Anaheim Stadium Business Center shall be paid to the City of Anaheim in an amount as determined by the City Council. 6. That pursuant to Chapter 17.30 "interim development fees Anaheim Business Center" of the Anaheim Municipal Code, a development fee for the Anaheim Stadium Business Center shall be paid to the City of Anaheim in an amount as determined by the City Council. 7. That the existing most northerly driveway on Anaheim Boulevard shall be removed and replaced with standard curb, gutter, sidewalk and landscaping. 8. That plans shall be submitted to the City Traffic Engineer for his review and approval showing conformance with Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. 9. That the driveway on Anaheim Boulevard shall be constructed with fifteen (1S) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. 10. 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. 11. That a fee for street tree purposes shall be paid to the City of Anaheim based on length of street frontage along Anaheim Boulevard in an amount as established by City Council resolution. 12. That prior to issuance of a building permit, the Stadium Area water facilities fees and/or advances shall be paid to the Water Engineering Division in accordance with Rule 1SD of the Water Utility Rates, Rules and Regulations. 13. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. Such information shall specifically be shown on the plans submitted for building permits. 14. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of ninety (90) days from the date of this resolution, whichever occurs first, the legal owner(s) of subject property shall execute and -3- record an unsubordinated covenant in a form approved by the City Attorney's Office wherein such owner[s) agree not to contest the formation of any assessment district(s) which may hereafter be formed pursuant to the provisions of Development Agreement No. 83-01 between the City of Anaheim and Anaheim Stadium Associates, which district(s) could include such legal property owner's property. 15. That the proposal shall comply with all signing requirements of the CH "Commercial, Heavy" Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 16. Deleted. 17. That the on-site landscaping and irrigation system shall be refurbished and maintained in compliance with City standards. 18. That the parking area adjacent to Anaheim Boulevard shall be screened from view by a minimum five (S) foot wide fully landscaped and irrigated planter area. Such information shall be specifically shown on the plans submitted for building permits. 19. That this conditional use permit is granted for a period of (3) years, to expire on March 26, 1993. 20. That prior to installation of more than four (L) arcade devices, an Arcade Permit shall be applied for and approved subject to Municipal Code Chapter 4.14 "Amusement Devices". 21. 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. 22. That prior to commencement of the activity authorized by this resolution, or 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, 2, 5, 6, 8, 10 through 13, and 18, 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. 25. That prior to the commencement of the activity authorized by this resolution or final building and zoning inspections, whichever occurs first, Condition Nos. 5, 7, 9, 17 and 21, above-mentioned, shall be complied with. 24. 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 8th day of May, 1990. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:kh 3694L 051590 -5- 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. 90R-161 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 15th day of May, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: Daly ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-161 on the 17th day of May, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 17th day of May, 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-161, duly passed and adopted by the Anaheim City Council on May 8, 1990. CITY CLERK OF THE CITY OF ANAHEIM