Loading...
93-187 RESOLUTION NO. 93R-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING REVISION NO. 1 TO CONDITIONAL USE PERMIT NO. 3550 HERETOFORE APPROVED PURSUANT TO PLANNING COMMISSION RESOLUTION NO. PC-120 WHEREAS, on October 5, 1992, the Anaheim City Planning Commission approved Conditional Use Permit No. 3550 under Resolution No. PC-92-120 (permitting a 6-unit commercial retail center with building heights in excess of 35 feet and including 2 drive-through restaurants, one freestanding restaurant with on- premise sale and consumption of alcoholic beverages, an automotive repair center and an outdoor garden center, and with waivers of minimum number of parking spaces, required site screening, required landscaped setback and permitted roof mounted equipment) was approved, in part, denying that portion of the request pertaining to the on-premise sale and consumption of alcoholic beverages because a specific tenant for the restaurant pad had not been identified; and WHEREAS, the petitioner currently requests approval of revised plans (labeled Revision No. 1) for Conditional Use Permit No. 3550 to permit a 172,231 square foot K-mart "super store" which includes grocery, general retail sales, an automotive repair center, an outdoor garden center, a free-standing satellite dish and with waivers of required site screening, required landscaped setback and permitted roof mounted equipment; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 26, 1993 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed revised plans for Conditional Use Permit No. 3550 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study 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. PC 93-87 approving Revision No. 1 to Conditional Use Permit No. 3550; 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 1 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 a 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. 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, Revision No. 1 to Conditional Use Permit No. 3550 be, and the 2 same is hereby, granted permitting a 172,231 square foot K-mart "super store" which includes grocery, general retail sales, an automotive repair center, an outdoor garden center, and a free- standing satellite dish is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.085 and 18.84.062.033, with waiver of the following: Section 18.44.068 - Required site screeninG. (6 foot high block wall adjacent to freeway required; none proposed) Section 18.84.02.011 - Required landscaped setback. (100 foot structural setback adjacent to freeway required; 44 feet for satellite dish proposed) Section 18.84.062.032 - Permitted roof mounted e~uiDment. (Roof mounted equipment prohibited; roof mounted equipment proposed) (roof mounted equipment prohibited; roof mounted equipment proposed) subject to the following conditions which amend and supersede in their entirety the conditions of approval contained in Resolution No. PC-92-120: 1. That the developer shall be responsible for compliance and any direct costs associated with Mitigation Monitoring Plan No. 55 (as revised at the July 26, 1993 Planning Commission public hearing) as established by the city and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those mitigation measures in said plan. 2. That the proposed satellite dish shall be screened in compliance with Section 18.84.062.033 of the Anaheim Municipal Code. 3. That outdoor storage of tires, batteries or other automotive accessories shall be prohibited. 4. That the outdoor garden center shall only be used for the storage and display of landscape nursery related items. 5. That no banners or other advertising shall be displayed within the automotive service bays facing any public right-of-way unless a special events permit is first 3 obtained from the Planning Department. 6. 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. The trees shall be maintained by a certified arborist. 7. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 3206 (approved in 1990 to permit a commercial center with waivers) to the Zoning Division. 8. 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 Revision No. 1 of Exhibit Nos. 1 through 4. 9. 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 No. 7, 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. 10. That prior to final building and zoning inspections, Condition No. 8, above-mentioned, shall be complied with. 11. That signs shall be posted both inside and outside the automotive repair building prohibiting patrons from working on cars in the parking lot. 12. 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 jurisdictions, then this Resolution, and any approvals herein contained, shall be deemed null and void. 4 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 14th day of September , 1993. ~YOR~ TH~~EIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW: lm 3944.1\JWHITE\September 16, 1993 5 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. 93R-187 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 14th day of September, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-187 on the 15th day of September, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of September, 1993. 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. 93R-187 was duly passed and adopted by the City Council of the City of Anaheim on September 14, 1993. CITY CLERK OF THE CITY OF ANAHEIM