90-066 RESOLUTION NO. 90R-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3220.
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
from LARRY R. SMITH, 17046 Marina Bay Drive, Huntington Beach, CA
92649, owner, and $PONGBERG, KIRKLAND AND ASSOCIATES, INC., ATTN:
GAYLE ACKBRMAN, 11409 Carson Street, Lakewood, CA 90715, agent,
to permit the expansion of a commercial retail center to include
?,147 sq. ft. of fast food uses and a drive-through restaurant
upon certain real property located within the City of Anaheim,
County of Orange, State of California, legally described as:
PARCEL 1:
~,~
THE NORTH 33.74 FEET OF THE SOUTH 216.74 FEET OF THE
EAST 183.00 FEET OF THE SOUTHEAST QUARTER OF SECTION
1S, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK S1, PAGE
11, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
PARCEL 2:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 15,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK S1, PAGE
11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF
SAID SECTION 15 WITH THE NORTHEASTERLY RIGHT OF WAY
LINE OF THE PACIFIC ELECTRIC RAILROAD, 100.00 FEET
WIDE, AS DESCRIBED IN DEED TO THE LOS ANGELES INTER
URBAN RAILWAY COMPANY RECORDED NOVEMBER 14, 1905 IN
BOOK 122, PAGE 2?8 OF DEEDS, RECORDS OF SAID ORANGE
COUNTY; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 53°
24' 00" WEST 521.61 FEET; THENCE NORTH 0° 13° 00" WEST
?2.95 FEET; THENCE NORTH 89° 36' 00" EAST 222.30 FEET
TO A LINE 443.00 FEET WESTERLY AND PARALLEL WITH THE
EAST LINE OF SAID SECTION 1S; THENCE ALONG SAID
PARALLEL LINE SOUTH 0° 15' 45" EAST 170.00 FEET;
THENCE NORTH 89° 36' 00" EAST 240.00 FEET; THENCE
SOUTH 0° 1S' 45" EAST TO THE SOUTH LINE OF SAID
SECTION; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE
POINT OF BEGINNING; AND
CUP #3220
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF
SAID SECTION 15 WITH THE NORTHEASTERLY RIGHT OF WAY
LINE OF THE PACIFIC ELECTRIC RAILROAD, 100,00 FEET
WIDE, AS DESCRIBED IN DEED TO THE LOS ANGELES INTER
URBAN RAILWAY COMPANY RECORDED NOVEMBER 14, 1905 IN
BOOK 122, PAGE 2?8 OF DEEDS, RECORDS OF SAID ORANGE
COUNTY; THENCE ALONG SAID RIGHT OF WAY LINE, NORTH 53°
24' 00" WEST 521.62 FEET; THENCE NORTH 0° 13' 00" WEST
5.16 FEET; THENCE NORTH 89° 36' 00" EAST, 30.42 FEET
TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0° 24'
00" WEST 41.12 FEET THENCE NORTH 89° 36' 00" EAST,
20.56 PEET; THENCE NORTH 0° 24' 00" WEST 6.67 FEET;
THENCE NORTH 89° 36' 00" EAST, 185.61 FEET THENCE
SOUTH 0° 24' 00" EAST 41.12 PEET THENCE SOUTH 89° 36'
00" WEST, 185.05 FEET; THENCE SOUTH 0° 24' 00" EAST
6.67 FEET; THENCE SOUTH 89° 36' 00" NEST 21.12 FEET TO
THE TRUE POINT OF BEGINNING; AND
PARCEL 3:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 15,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK $1, PAGE
11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF
SAID SECTION 15 WITH THE NORTHEASTERLY RIGHT OF WAY
LINE OF THE PACIFIC ELECTRIC RAILROAD, 100.00 FEET
WIDE, AS DESCRIBED IN DEED TO THE LOS ANGELES INTER
URBAN RAILWAY COMPANY RECORDED NOVEMBER 14, 1905 IN
BOOK 122, PAGE 278 OF DEEDS, RECORDS OF SAID ORANGE
COUNTY; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 53°
24' 00" WEST S21.61 FEET; THENCE NORTH 0° 13° 00" WEST
72.95 FEET; THENCE NORTH 89° 36' 00" EAST 222.30 FEET
TO A LINE 443.00 FEET WESTERLY AND PARALLEL WITH THE
EAST LINE OF SAID SECTION 15; THENCE ALONG SAID
PARALLEL LINE SOUTH 0° 15' 45" EAST 170.00 FEET;
THENCE NORTH 89° 36' 00" EAST 240.00 FEET; THENCE
SOUTH 0° 15' 45" EAST TO THE SOUTH LINE OF SAID
SECTION; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE
POINT OF 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 Cods; and
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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. PC89-308 granting
Conditional Use Permit No. 3220; 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.
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.
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
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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. 3220 be, and
the same is hereby, granted permitting the expansion of a
commercial retail center to include 7,147 sq. ft. of fast food
uses and a drive-through restaurant 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 parking spaces.
18.06.050.0231 (335 required; 207 proposed)
18.06.050.0233
18.06.050.0257
18.06.080
and 18.44.066.050
SECTION 18.44.063.043 - Minimum distance between buildings.
(8 feet required; 2 feet existing)
SECTION 18.44.068 - Required site screening.
(6-foot high block wall required
a~jacent to railroad right-of-way;
none proposed)
subject to the following conditions:
1. 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 all driveways on Ball Road and Knott Street shall be
reconstructed to accommodate ten (10) foot radius curb
returns in conformance with Engineering Standard No. 137.
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3. That subject property shall be served by underground
utilities.
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 prior to issuance of a building permit, a solid waste
management plan with recycling capabilities shall be
approved by the Street Maintenance and Sanitation Division.
Upon occupancy of the project, said plan shall commence and
shall remain in full ef£ect as required by the Street
Maintenance and Sanitation Division.
6. That fire sprinklers shall be installed as required by the
Fire Department.
7. That prior to commencement of structural framing, on-site
fire hydrants shall be instailed and charged as required and
approved by the Fire Department.
8. That exterior security lighting shall be installed, used and
maintained on.-site.
9. That a parking plan showing that there shall be no "compact"
or "small car" parking spaces shall be submitted to the City
Traffic Engineer for review and approval. Said approved
plan shall be submitted to the Zoning Division for review
and approval and shall be incorporated into the plans
submitted for building permits.
10. That 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. A copy of the recorded agreement shall then be
submitted to the Zoning Division.
11. That drainage of subject property shall be provided in a
manner satisfactory to the City Engineer.
12. That there shall be no sale of beer, wine or other alcoholic
beverages of any kind on the premises, unless a conditional
use permit is approved authorizing such use.
13. 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.
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14. That the existing structures shall comply with the minimum
standards of the City of Anaheim, including the Uniform
Building, Plumbing, Electrical, Mechanical and Fire Codes as
adopted by the City of Anaheim.
iS. 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.
16. That any freestanding sign on subject property shall be
monument type not exceeding four (4) feet in height and
shall be subject to the review and approval of the City
Traffic Engineer to verify adequate lines-of-sight.
17. That a six (6) foot high masonry block wall shall be
maintained along the north property line excepting the front
setback where the wall height shall not exceed three (3)
feet; 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/vehicular
circulation intersect. Said block wall shall be planted and
maintained with clinging vines to eliminate grafitti
opportunities.
18. That any proposed parking area lighting fixtures 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 specifically shown on the plans submitted for
building permits.
19. That the on-site landscaping and irrigation system shall be
refurbished and maintained in compliance with City standards.
~ 20. That the owner of subject property shall submit a letter
requesting termination of Variance No. 1893 and Conditional
Use Permit Nos. 1198, 1687, 2104, 2124, 2642, 2683 and 2925
to the Zoning Division.
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 4; provided, however, all parking spaces shall be
"standard" size and there shall be no "small car" spaces.
~,' 22. That prior to issuance of a building permit, the property
owner shall either (i) combine the two existing parcels to
make one parcel, or (ii) change the existing lot line
alignments so that the existing racquetball building is
located upon and within one parcel, and further that the
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realignment shall be subject to the existing construction
complying with all Building Division and Fire Department
requirements.
22. That a lot line adjustment plat be approved by the City
Engineer prior to the issuance of a building permit.
That prior to issuance of a building permit or within a
period of one {1) year from the date o£ this resolution,
whichever occurs first, Condition Nos. 1, 4, S, 9, 10, 13,
18, 20 and 22, 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.
24. That prior to final building and zoning inspections,
Condition Nos. 2, 3, 6, 8, 11, 14, 17, 19 and 21,
above-mentioned, shall be complied with.
25. 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 27th day of February,
1990.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:db
3535L
030290
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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-66 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 27th day of February, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, K~ywood, 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-66 on the 8th day of March, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 8th day of March, 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-66, duly passed and
adopted by the Anaheim City Council on February 27, 1990.
CITY CLER~'~ OF THE CITY OF ANAHEIM