RES-1989-428
RESOLUTION NO. 89R-428
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3986.
WHEREAS, after a request for variance by PiA STATE
COLLEGE INVESTORS, 15751 Rockfield Boulevard, Suite 200, Irvine,
CA 92718, owners, and LARRY LAKE, 15751 Rockfield Boulevard,
Suite 200, Irvine, CA 92719, agent, was received, a public
hearing before the Planning Commission of the City of Anaheim was
held upon due and proper notice, a result of which Variance No.
3986 was granted covering the following described property:
PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 27, PAGE 32
OF PARCEL MAPS, IN THE CITY OF ANAHEIM, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY; 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 public hearing
noticed and held as prescribed by law and, as a result thereof, the
City Council does hereby make the following findings:
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 a conditional zoning variance be, and the same
is hereby, granted to permit a take-out pizza and pie restaurant in
an existing commercial retail center on the property hereinbefore
described with waivers of the following sections of the Anaheim
Municipal Code:
SECTIONS 18.06.050.022
18.06.050.0233
and 18.44.066.050
Minimum number of parking spaces.
(59 required; ~ existing)
That said variance be granted subject to the following conditions:
1. 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.
2. 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.
GRNTG VAR. 3986
3. 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.
4. That this resolution shall not become effective until
Condition No.6 of Resolution No. 88R-373, adopted in
connection with Conditional Use Permit No. 3051 and
prohibiting take out/fast-food service facilities
(restaurants) in subject commercial retail center, is amended
or deleted to permit such food service usage.
5. That subject property shall be developed substantially in
accordance with plans and specification submitted to the City
of Anaheim by the petitioner and which plans are on file with
the City marked Exhibit Nos. 1 and 2.
6. 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 and 4,
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.
7. That prior to the commencement of the activity authorized by
this resolution or prior to final building and zoning
inspections. Whichever occurs first, Condition No.5,
above-mentioned, shall be complied with.
8. That employees making deliveries shall use their own vehicles.
9. That no customer seating shall be permitted on the premises
for eating purposes.
10. 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 of the City
of Anaheim 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 condition, 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.
-2-
GRNTG VAR. 3986
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 7th day of November, 1989.
ATTEST:
~ ~
~ (/? . /~~
crtt OF TH~Y OF A:IM
~CL /{ 'S:4
CITY CLERK OF THE CITY OF ANAHEIM
JLW:db
3374L
110989
-3-
GRNTG VAR. 3986
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. 89R-428 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 7th day of November, 1989, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-428 on the 14th day of November, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 14th day of November, 1989.
~/(~
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. 89R-428 duly passed and
adopted by the Anaheim City Council on November 7, 1989.
~~7L-~
CITY CLERK OF THE CITY OF ANAHEIM