86R-363
RESOLUTION NO. 86R-363
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO.
2784.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from ADA I. HIGDON, WELLS FARGO BANK NA TRUSTEE, 9600 Santa Monica
Boulevard, Beverly Hills, California 90210, owner, and ANGELO'S,
DENNIS WILLIAMS, PRESIDENT, 221 North Beach Boulevard, Anaheim,
California 92801, agent with waivers of the hereinafter specified
provisions of the Anaheim Municipal Code on certain real property
situated in the City of Anaheim, County of Orange, State of
California, described as:
THE NORTH HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE
11 WEST, SAN BERNARDINO BASE AND MERIDIAN, EXCEPTING
THEREFROM THE FOLLOWING:
(A) THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE
11 WEST, SAN BERNARDINO BASE AND MERIDIAN, INCLUDED WITHIN A
STRIP OF LAND 110 FEET WIDE LYING 55 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 11 (THE
WEST LINE OF SECTION 13 OF SAID TOWNSHIP AND RANGE BEARS
SOUTH 00 09' SO" EAST, FROM SAID SOUTHEAST CORNER); THENCE
ALONG THE EAST LINE OF SAID SECTION 11; (SAID EAST LINE BEING
ALSO THE CENTER LINE OF STANTON AVENUE, 60 FEET WIDE, AS
DECLARED BY ACTION OF THE BOARD OF SUPERVISORS OF SAID
COUNTY), NORTH 00 11' 10" WEST, A DISTANCE OF 612.23 FEET;
THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY, TANGENT TO
THE LAST DESCRIBED COURSE AND HAVING A RADIUS OF 2527.00
FEET, THROUGH AN ANGLE OF 190 58' SO", AN ARC DISTANCE OF
881.23 FEET.
(B) THAT PORTION OF SAID EAST HALF OF THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SAID SECTION 11 LYING EASTERLY OF
THE EASTERLY LINE OF THE ABOVE DESCRIBED 110-FOOT STRIP OF
LAND; 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. PC86-l48 denying
Conditional Use Permit No. 2784; 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 the adjoining
land uses and the growth and development of the area in which it
is proposed to be located.
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.
3. That the traffic generated by the proposed use will
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area.
4. That the granting of the conditional use permit would be
detrimental to the peace, health, safety, and general welfare of
the citizens of the City of Anaheim.
WHEREAS, said application requests waivers of the
following provisions of the Anaheim Municipal Code:
SECTIONS 18.06.070.020, - Minimum distance of a drive-through
18.06.080 AND lane.
18.44.066
WHEREAS, the City Council does 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 waivers, that all of the
conditions of Section 18.03.040.030 of the Anaheim Municipal Code
are not present, and that said waivers should be denied, for the
following reasons:
1. That there are no 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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2. That strict application of the zoning code does not
deprive 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 the action of the City Planning Commission
denying said conditional use permit be, and the same is hereby,
confirmed for the reasons hereinabove specified, and that the
request to permit a drive-in and drive-through restaurant with
on-sale beer and wine and an outdoor eating area on the
hereinabove described real property with waivers of the aforesaid
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-524.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim t,is 5th day of August, 1986.
MAtOR OF~((~
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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. 86R-363 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 5th day of August, 1986, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-363 on the 5th day of August, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 5th day of August, 1986.
~~.?l ~
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. 86R-363 duly passed and
adopted by the Anaheim City Council on August 5, 1986.
~~7t~
CITY CLERK