RES-1989-222RESOLUTION NO. 89R-222
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3145.
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 CARL ELSNER, 2791 Bunting Circle, Costa Mesa, CA, owner, and
GEORGETTA PI AND FRANK SHIRIG, 7722 Everst Circle, Huntington
Beach, CA 92647, agents, a cocktail lounge (which replaced a former
restaurant) upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 18,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS
COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN A BOOK 51, PAGE 10
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF
COLCHESTER DRIVE WITH THE EASTERLY LINE OF THE FIRST
ALLEY OF BROOKHURST STREET, AS SHOWN ON A MAP OF TRACT
NO. 2701, RECORDED IN BOOK 115, PAGES 5 AND 6 OF SAID
MISCELLANEOUS MAPS; THENCE NORTH 89 DEG. 57' 48" EAST
100.00 FEET THE TRUE POINT OF BEGINNING; THENCE NORTH
0 DEG. 02' 12" WEST 121.71 FEET TO THE SOUTH LINE OF
TRACT NO. 2295, AS PER MAP RECORDED IN BOOK 62, PAGES
7 AND 8 OF SAID MISCELLANEOUS MAPS: THENCE NORTH 89
DEG. 57' 48" EAST 301.30 FEET ALONG SAID SOUTH LINE TO
THE CENTER LINE OF BROOKHURST STREET; THENCE SOUTH 0
DEG. 40' 06" WEST 153.73 FEET TO THE CENTER LINE OF
COLCHESTER DRIVE: THENCE SOUTH 89 DEG. 57' 48" WEST
299.41 FEET; THENCE NORTH 0 DEG. 02" WEST 32.00 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
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. PC89-108 granting
Conditional Use Permit No. 3145; 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 ail 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.
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
18.06.080 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. The variance(s) 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(s) 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, for the reasons hereinabove stated,
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Conditional Use Permit No. 3145 be, and the same is hereby,
granted permitting a cocktail lounge (which replaced a former
restaurant) on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
SECTIONS 18.06.050.022 -
18.06.050.0251
and 18.4'4.'066.'0"50
Minimum number of parking spaces·
[81 requi'r'ed; 61 proposed)
subject to the following conditions:
1. That street lighting facilities along Brookhurst Street shall
be installed as required by the Utilities General Manager in
accordance with specifications on file in the Office of
Utilities General Manager.
.
That the existing most easterly driveway on Colchester Drive
shall be removed and replaced with a standard curb, gutter,
sidewalk and landscaping, as may be required by the City
Traffic Engineer in view of the Planning Commission's
recommendation that said driveway be retained if possible.
.
That a parking plan showing compliance with City parking lot
design standards shall be submitted to and approved by the
City Traffic Engineer. The owner of subject property shall
restripe the parking lot within thirty [30] days after
approval of said plan.
.
That a fee shall be paid to the City of Anaheim for tree
planting along Brookhurst Street and Colchester Drive in an
amount as established by City Council resolution.
·
That the trash storage areas shall be refurbished to comply
with approved plans on file with the Street Maintenance and
Sanitation Division.
.
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 to the north.
.
That the proposal shall comply with ail 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.
·
That a six (6) foot high masonry block wail 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 safe lines-of-sight where pedestrian/vehicular
circulation occur.
-3- CUP 3145
·
That any parking area lighting fixtures adjacent to the
residential properties to the north 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.
10. That the on-site landscaping shall be refurbished and
maintained in compliance with City standards.
11. That subject property shall be developed substantially in
accordance with plans and specifications on file with the
City of Anaheim marked Exhibit No. 1.
12. That Condition No. 2 and 5, above-mentioned, shall be
completed within a period of thirty (30) days from the date
of this resolution.
13. That Condition Nos. 1, 4, 5, 6, 8, and 9 and 11,
above-mentioned, shall be completed within a period of ninety
(90) days from the date of this resolution.
14. 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
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 ali 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 6th day of June, 1989.
ATTEST'
CITY CLERK OF THE CITY OF ANAHEIM
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3174L
061989
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CUP 3145
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-222 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 6th day of June, 1989, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle and Hunter
NOES: COUNCIL MEMBERS: Pickler
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-222 on the 20th day of June, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 20th day of June, 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-222 duly passed and
adopted by the Anaheim City Council on June 6, 1989.
CITY CLERK OF THE CITY OF ANAHEIM