88-155RESOLUTION NO. 88R-155
A RESOLUTION OF THE CiTY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT
NO. 2987.
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 ALFRED ESCOBASA, 89S South East Street, Anaheim, CA, owner
and JAMSHID ZAMAN, 16116 Dickens Street, Encino, CA 91436,
agent, on certain real property situated in the City of Anaheim,
County of Orange, State of California, described as:
THAT PORTION OF THE EASTERLY 8-1/3 ACRES, MORE OR
LESS, OF THE SOUTHERLY ONE-HALF OF THE FOLLOWING
DESCRIBED TRACT:
Tile 3S ACRES, MORE OR LESS, LYING EAST OF THE SANTA FE
RAILROAD, DESCRIBED AS, BEGINNING AT THE SOUTHEAST
CORNER OF THE ORIGINAL TOWN OF ANAHEIM, RUNNING THENCE
SOUTH 1S-1/2 DEGREES EAST 20 CHAINS; THENCE SOUTH
74-1/2 DEGREES WEST 17-1/2 CHAINS; THENCE NORTH 15-1/2
DEGREES WEST 20 CHAINS; THENCE NORTH 74-1/2 DEGREES
EAST 17-1/2 CHAINS TO THE POINT OF BEGINNING, AND
BEING THE EAST 35 ACRES OF THE TRACT DEEDED BY HENRY
AND MRS. META BREMERMAN TO S. A. SHEFFIELD, APRIL 1S,
1875; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MONUMENTED CENTER LINE INTERSECTION
OF SOUTH EAST STREET, 66.00 FEET IN WIDTH, AND EAST
VERMONT AVENUE, 66.00 FEET IN WIDTH; THENCE NORTH iS
DEGREES 30' 07" WEST ALONG THE CENTER LINE OF SAID
EAST STREET, 194.00 FEET; THENCE SOUTH 74 DEGREES 21'
53" WEST, PARALLEL TO THE CENTER LINE OF SAID VERMONT
AVENUE, 197.00 FEET; THENCE SOUTH iS DEGREES 30' 07"
WEST, PARALLEL WITH THE CENTER LINE OF SAID EAST
STREET, 194.00 FEET TO A POINT ON THE CENTER LINE OF
VERMONT AVENUE; THENCE NORTH 74 DEGREES 21' S5" EAST
ALONG SAID CENTER LINE, 197.00 FEET TO THE TRUE POINT
OF BEGINNING.
EXCEPT ANY PORTION INCLUDED WITHIN EAST STREET (66
FEET WIDE) AND VERMONT AVENUE (66 FEET WIDE).
ALSO EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF
VERMONT AVENUE AND EAST STREET; THENCE NORTHERLY ALONG
THE CENTER LINE OF EAST STREET, 55 FEET; THENCE
WESTERLY, PARALLEL WITH THE CENTER LINE OF VERMONT
AVENUE, 73 FEET; THENCE SOUTHERLY PARALLEL WITH THE
CENTER LINE OF EAST STREET, S3 FEET TO THE CENTER LINE
OF VERMONT AVENUE; THENCE EASTERLY ALONG THE CENTER
LINE OF VERMONT AVENUE, 73 FEET TO THE 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. PC88-67 denying
Conditional Use Permit No. 2987; 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 hold and conduct such public
hearing and did give all persons interested therein an
opportunity to be heard and did receive evidence and reports, and
did consider the same; and
WHEREAS, the City Council does 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, that all of the conditions and criteria set
forth in Section 18.03.030.030 of the Anaheim Municipal Code are
not present for the following reasons:
1. That the proposed use will adversely affect
adjoining land uses and the growth and development of
which it is proposed to be located; and
the
the area in
2. That the size and shape of the site proposed for the
use is not 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; and
3. That
be detrimental
of the citizens
the granting of the conditional use permit would
to the peace, health, safety, and general welfare
of the City of Anaheim; and
WHEREAS, said application requests a waiver of the
following provision(s) of the Anaheim Municipal Code:
SECTION 18.06.050.0233
18.06.080
AND 18.61.066
- Minimum number of parking spaces.
(8~0 required; 68 proposed)
-2-
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the 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 not present, and that the aforesaid
waiver(s) should be denied, for the following reasons:
1. That the variance(s) will cause an increase in traffic
congestion in the immediate vicinity and adversely affect
adjoining land uses; and
2. That the granting of the variance(s) will 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, the
request of the applicant to permit a drive-through restaurant on
the hereinabove described property with a waiver of certain
provisions of the Anaheim Municipal Code be, and the same is
hereby, denied.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of
Section 1.12.100 of the Anaheim Municipal Code and the time
within which judicial review of final decisions must be sought is
governed by the provisions of Section 1094.6 of the Code of Civil
Procedure and Anaheim City Council Resolution No. 79R-S24.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 12th day of April, 1988.
MAYO F~FH~ ~IT~Y F ANAHEIM
ATTEST:
LERK OF
JLW/jd
2407L
041488
THE CITY OF ANAHEIM
-3-
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. 88R-155 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 12th day of April, 198U, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
NOES: COUNCIL MEMBERS: None
A_BSE[~T: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. $8R-155 on the 18th day of April, 1988.
iN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 18th day of April, 1988.
CiTY CLEPd( OF THE CiTY OF ~%NA~E±M
I, i~EONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
tl~e foregoing is the original of Resolution No. 88R-155 duly passed and
adopted by the Anaheim City Council on April 1Z, 198U.
CiTY CLERK 0~' THE CITY