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92-091 RESOLUTION NO. 92R-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3489. 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 commercial retail center consisting of 8,493 sq. ft. of office use, 481 sq. ft. of retail use and 424 sq. ft. of restaurant use upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE NORTH HALF OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 4, SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA. EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN TRACT NO. 3240, AS PER MAP RECORDED IN BOOK 113, PAGE 1, 2 AND 3 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED IN BOOK 4069, PAGE 188 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPT THEREFORM THAT PORTION LYING NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT THE NORTHEAST CORNER OF LOT 37 OF THE ABOVE MENTIONED TRACT NO. 3240; THENCE ALONG THE EASTERLY PROLONGATION OF THE NORTH LINE OF SAID LOT 37, NORTH 89° 13' 30" EAST 10.18 FEET; THENCE NORTH 00° 55' 30" WEST 186.00 FEET TO THE NORTH LINE OF SAID SECTION 28; 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 CUP #3489 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. PC92-27 granting Conditional Use Permit No. 3489; 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 consideration 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 adjoining 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. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.03.040 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 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. - 2 - CUP #3489 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3489 be, and the same is hereby, granted permitting a commercial retail center consisting of 8,493 sq. ft. of office use, 481 sq. ft. of retail use and 424 sq. ft. of restaurant use on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.04.043.102 - Maximum fence height. and 18.41.064 (§ feet permitted; 9 feet proposed) subject to the following conditions: 1. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the latest revision of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 2. That a Plan Sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Department of Maintenance for review and approval. 3. That an on-site trash truck turn-around area shall be provided and maintained to the satisfaction of the Department of Maintenance. Said turn-around area shall be specifically shown on plans submitted for building permits. 4. 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. 5. 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, that such information shall be specifically shown on the plans submitted for building permits. 6. That lighting fixtures in any proposed parking area 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 - 3 - CUP #3489 adjacent residential property lines to protect the residential integrity of the area and shall be so-specified on the plans submitted for building permits. 7. That the proposal shall comply with all signing requirements of the CO "Commercial Office and Professional" Zone unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 8. That a landscape and irrigation plan for subject property shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission and/or City Council. 9. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 10. That this Conditional Use Permit is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 91-92-12, now pending. 11. 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 6; including a minimum ten (10) foot wide landscaped setback along Katella Avenue. 12. That prior to issuance of a demolition permit for any of the existing structures, the nine (9) foot high block wall shall be constructed and completed. 13. That the existing eucalyptus trees and avocado trees shall be trimmed and properly maintained. 14. 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, 2, 3, 4, 5, 6, 8 and 10, 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. 15. That prior to final building and zoning inspections, Condition Nos. 12 and 14, above-mentioned, shall be complied with. 16. 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 - 4 - CUP #3489 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 28th day of April, 1992. ATTEST: ,'~ ~- ~ JLW:dnl R34C3489.12 050192 - 5 - CUP #3489 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. 92R-91 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 28th day of April, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Pickler, Daly and Hunter NOES: COUNCIl. MEMBERS: None ABSENT: COUNCIL MEMBERS: Ehrle AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 92R-91 on the 29th day of April, 1992. ~N WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th day of April, 1992. 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. 92R-91 duly passed and adopted by the City Council of the City of Anaheim on April 28, 1992. CITY CLERK OF THE CITY OF ANAHEIM