91-312 RESOLUTION NO. 91R-312
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO.
3452.
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 convenience market with take-out fast food upon certain
real property located within the City of Anaheim, County of Orange,
State of California, legally described as:
PARCEL 1: ALL THAT PORTION OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 13,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE CITY OF
ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 51,
PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF SAID
COUNTY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE NORTH LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 13, SOUTH 89°
41~ 15", WEST 291.16 FEET FROM THE NORTHEAST
CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH
00° 12' 20", EAST PARALLEL WITH THE EAST LINE
OF THE L~ND DESCRIBED ON PAGE 2 OF THAT CERTAIN
DECREE, A CERTIFIED COPY OF WHICH WAS RECORDED
OCTOBER 15, 1963, IN BOOK 6762, PAGE 63 OF
OFFICIAL RECORDS, SAID LAND IS SHOWN ON A MAP
RECORDED IN BOOK 74, PAGE 5, RECORD OF SURVEYS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, 66.00 FEET TO THE SOUTH LINE OF THE
NORTH 66 FEET OF SAID NORTHWEST QUARTER AND THE
TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE
LAND DESCRIBED HEREIN; THENCE CONTINUING SOUTH
0° 12' 20", EAST ALONG SAID PARALLEL LINE
236.55 FEET; THENCE NORTH 89° 41' 15", EAST
PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST
QUARTER 89.50 FEET; THENCE NORTH 0° 12' 20"
WEST PARALLEL WITH THE EAST LINE OF THE LAND
DESCRIBED IN SAID DECREE 236.55 FEET TO THE
SOUTH LINE OF THE NORTH 66 FEET OF SAID
NORTHWEST QUARTER; THENCE SOUTH 89° 41' 15",
WEST ALONG SAID SOUTH LINE 89.50 FEET TO THE
TRUE 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 Code; and
CUP #3452
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. PC91-149 granting Conditional
Use Permit No. 3452; 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.
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CUP #3452
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. 3452 be, and the same is hereby, granted
permitting a convenience market with take-out fast food on the
hereinabove described real property subject to the following
conditions:
1. That trash storage areas shall be provided and maintained in a
location acceptable to the Department of Maintenance and in
accordance with approved plans on file with said Department.
Such information shall be specifically shown on the plans
submitted for building permits.
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 a perpetual easement agreement with the legal owner(s) of
the property to the east, providing for circulation of trash
trucks from one parcel to the other, shall be obtained and
submitted to the City Attorney's office for review and
approval. The approved agreement shall then be recorded in
the office of the Orange County Recorder. Proof of
recordation shall be submitted to the Zoning Division.
4. That an unsubordinated parking agreement for use of the parcel
to the east for parking, 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 be
submitted to the Zoning Division.
5. 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.
6. 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.
7. 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, and except as
otherwise limited by Condition No. 8 of this resolution.
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CUP #3452
8. That any proposed freestanding sign on subject property shall
be a monument-type not exceeding eight (8) feet in height and
shall be subject to the review and approval of the city
Traffic and Transportation Manager to determine adequate
lines-of-sight.
9. That the on-site landscaping and irrigation system shall be
refurbished and maintained in compliance with City standards,
and that a landscape plan shall be submitted to the Planning
Department for review and approval.
10. 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.
11. That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit No. 3290 (to
permit a commercial retail center with waiver of minimum
distance between freestanding signs) to the Zoning Division.
12. That street lighting facilities along Lincoln Avenue 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. The above-required improvements shall be
installed prior to occupancy.
13. 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, and
that the parking lot shall be refurbished (re-slurried or re
paved, and re-striped).
14. 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. l, 2, 3, 4,
5, 6, 11 and 12, 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 the commencement of the activity authorized by
this resolution or prior to final building and zoning
inspections, whichever occurs first, Condition Nos. 9, 12 and
13, above-mentioned, shall be complied with.
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CUP #3452
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 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 5th day of Normher, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34C3452.12
120991
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CUP #3452
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. 91R-312 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 5th day of
November, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly 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. 91R-312 on the 6th day of November, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 6th day of November, 1991.
( SEAL )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution NO. 91R-312 duly passed and adopted
by the City Council of the City of Anaheim on November 5, 1991.
CITY CLERK OF THE CITY OF ANAHEIM