PC 84-211,~
RESOLUTION N0, PC:84-211
1~ RESOL07.'ION OF 'P[•IE ANAFIETM CI`1''Y PLANNING COMMISSTON
~'HAT PETI`!'ION FOP. CONnTTIONAL USE P~RMIT NO~ 2627 BE GRAIVTED
WHER~AS, th~ Anaheim City F~lanni.ng Commission did receive a verified
Petition for Condition~~l Us~ P~ermit fron~ JAMES F. OUSTERHOUT, ET. AG., 4~34
k~ast La Palma Avenue, Anaheim, California 928U7, owner, and MA:tKO E. BOTTCH,
1426 Burton Place, Anal~eim, Cali~ornia 92RU6, agent. f.ur certain real propezty
situated in the City oi Anaheim, County oi OrangQ, State af California,
descr.ibed as:
TH~1T PURTION OF THF SOUT~iWEST (1UARTER OF TH~ SOUTHWEST QUARTER
OF SF;CTTON 24, TOWN~SHIP 4 SOUTH, RANG~; 10 WGST, IN THE RANCfiO
SAN JUAN CAJ''Jr! DE aANTA ANA~ IN TEi~ CITY OP ANAHFIM, COGNTI' OF
uRANGE, S'.I'ATE pF CAT~I~ORNT~1, AS PER MAP R~;CORDED TN BOQK 5I
PAr' 10 OF MISCELLANEOU:3 MAPS~ TN ~'HE UF~'ICE OF THE COUNTY
R~CC,; ~ER OF SAID COUNTY, DESCRI.BEA AS .EOLLOWS:
BEG~NNTNG AT THE NOFt'rHEAST CORNFR Ok' LAND A~SCRIBED IN THE
DEED TQ LONNI~ M. DUNN AND MARY R. DUNN~ HUSBi~ND AND ~r~IFF,
RECORDEA JANU~IRY 16, 1964 IN BOOK 68$5 PAGE 959, OFFICIAL
RECURDS~ SAID PUINT Bk;ING pN THE SOUTH LINE OF T.H~ NORTH
32.00 FEET OF SAID SOUTHWE~T QUA~2TER OF THE SOUTHWFST
QUARTER, EASTERLY 233.00 FEET FROM THE WLS'.C LINF OF SAID
SOUTHWESZ' UUAR'.C'ER OF THE SOU'rHWEST QUARTEI:; 2'FIENCE EASTERLY
1,15 ~ 30 E' .N'.L~'T ALONG SAIll SOUiH LINF TO THE EAS'I'ERLY I~II7E OF THE
LAND DESCRIBED IN TfIE llE~L~ TO TRAVBLUR'S 7NN-LANSDELL, A JOZNT
V~I~TURE, RECORDED SEPTEMHER 27~ 19fi3 IN BUOK 6736 PACG 422,
~EfICIAL RECORDS, THENCE SQUTH 14 DEGFtEES 20 MINUTEu 00
SECONDS EAST, ~75.00 G'~:ET ALON~ SAID ~ASTERLY LINE `r0 THE
NORTH LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD
TtIGHT-OF-WAY, TH~NCE WESTERLY A'LONG SAID NO.RTH LINE Tp TH~
EAS'.i' LINE OR SOU7'HERLX PROLONGA~IOrI OF 'rH~ LAND DESCRIBED I[J
SAID AEEU TO LONNIE M. DUNN :4ND WIFE; THENCE NORTH 14° 24' 00"
WF.ST TO AN AIVGLE PGINT ON THE LAST MENTIUiVED EASTERL,X LIIJE;
1HENCE NO.RTH 0° 07` 45" SECONDS EAST, 120.00 F'EET Tq THE POZNT
OF BEGINNING.
WHEREA;, the Ci'.:y Planning Commxssion dzd hold a public hearing -
the Civic Center in the City of Anahe~im on October 15, 1984, at ].:30 ~.m.,
notice of said public hearing having been duly given as required by law and in
accox~dance with the provisicns of the Anaheim Municipal. Coc]e, Chapter 18.03~
tu hear and consider evidence for and against said proposed conditional use
permik and to investigate and make findings anc! recommendations in cnnnnction
therewi+th; and
WHERGAS, said Cemmission, after due inspecCion, investigation and
study made by itsel€ and in its behalf, and after due ~onsideration o= all
~vidence and reports afEet~ed at said heaxing, does Find and determine the
following facts:
1. That the proposed use is pr~perly one for which a cr~nditional
use permit is authorized by Anaheim Munic.ipal Code Section~ 18.06.080 and
.18.61.050.390 to wit: to permit a semi-enclo~ed -estiaurant with on-sa].e beer
and wine with waivers of ~he followiny:
#U343r
PC84-211
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(a) SECTIONS 18.06.U50.0231, - Minimum number o.t parkir~cl spaces.
18.OF.U50.U31 (75 sgaces required; 67 Spaces existing)
ANI) 18.G1.066,05U
(b) SEC:TION 18.61.064.02U - Maximum fence hei. h~
(3 feet permitted in front aetbacl;;
5 feet proposed)
2. That the above-mPntioned waiver (a) is hereby granteci on the
basis that the parking variar,ce will not cause an increase in traffic
congestion in the immediate vicinity nor adverse.ly affect an~ adjoining land
usas; and ~hat the gra-iting of the parking variance under th~ conditions
imposed, i~ anx, will not be detrirnental to the peace, healtk~, safety cr
general welfare of the citizens of the City of Anarieim.
3. That the above-mentioned waiver (b) is hereby gran~ed on the
uasis i:hat there are special circumstanc~s applicable to the propert~- such as
si~e, shape, topograpt~y, location or surroundings, which co not apply to other
identica.ll,y ~oned properties in the vicinity; and that strict application o£
the Zoning Code deprives the prUperty of privileges enjoyed by other
propertiey in i.dentical zoning classificati.on in thc vicinity.
4. That the proposed use ~vill not adveesely affect thP adjoi»ing
land uNes and the growth and development of the area in which it is proposed
to be located.
5. That the size and st~anc of the sitP proposed for the use is
adequate to allow tY,e fu11 development of the propos~d use in a manrier not
detrimental to the particiala~ area nor to the peace, i~e~lth, safe~y and
general welfare of the Citizens ~f the City of- Anaheim.
G. That the granhing of Lhe Conditional Use Permit nnder the
conclitions imposed, ~.E any, will noi: be detrimental to ~he peace, health,
safety ~nd general weltare of thc C.itizens of ttie City of Anaheim.
7. That the tcaffic gene~ated by the proposed use will not imposQ
an undue burden upon the si:reet~ and highways ciesigne~ anc3 improved to aarry
the traffic in the zrea.
8. Tk~at -io one indicated their presence at said publi.c hearing 3n
opposition; anc! that no correspondence was received in opposition te the
subject ~etition.
ENVIR~NMENTAL IMPACT FIND7:IJG: That the Anaheim City Planning
Commissioit has reviewed the proQosal to permit a semi-enclosed rAstaurant with
on-sa~e beer and wine with waiver5 of minimum number of parking spaces and
maximum fence height cn an i.rregularly-shaped parcel ot land consibting of
approximately 1.52 aares, having a fron~age of approximately 115 feet on the
south sa.de of Howel.l Avenue, and further described as 2020 "A" z3awe11 A~en~~e;
and does hereay approve the Neoative Declarati.on upon finding that it has
considered the Negative Declaration together wzth any ~omments received during
the public review process and further finding on the basis o.f khe initial
study .7nd any comments recPived that there is no substan~ial evicfence that ~he
praject wi.ll have a s.ignificant. effect on the environment.
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NOW, ~PHFREFOR~, BE IT RESOLVED that fihe Anaheim Cit~ Planning
Commission does tiereby grant subject Petitian fnr Conditional Use Permit, upon
the following conditions w:;ich are hereby fcund to be a necessary prerequisite
to the pr~posed use of the subject property i.n ~rder to pres~r.ve the safety
and general welfare o~ the Citizens of the City of Anaheim:
1. That the owner of subject ~roperty shall irrevocably otf~r to
dedicate tU the City of Anaheim ~ strip of iand 45 fe~t in width from
the centerline of th~ streek alon~ Howe11 Averiue for strQet widening
purp~~ses .
2. Thc;: curbs and gutters shall b~ relocated, and paving and sidewalks
sha11 be instal:led alon~ Howell Av~nue, as required by tl~e t;ity
Engineer and in accord~nce wi.th star~dard plans anci specificatiox~s on
file in the O~fice of the City Engineer. Said improvements shall be
installed wi~hin two (2) years from the date of thi~ resolt~tion or at
such earlier time as may be demanded by the City Engineer if trie
adjaceni: property to i:he wesL• is developed and Hociell Avenue is
widen~d to State Coll~~ge Boulevaxd. A covenant sha11 !~e executed and
recorded by the property owner in ~ form satisfactocy to the City
Attorriey's OEfice and security in the form o,E a bond st,a11 be posted
with the City to guarant~e the satisf actory campletion of. said
improvements in an amount and form a~pro~ed by the City of Anaheim.
3• 7.'hat prior to issuance of a bualdiag per.mit, a traffic signal
assessment fee ec{ualing the difference between tlae industrial and
commercial assessment fees sha~l be paid t~ tt~e City of Ar~aheim in an
amount as determine~i by th~ City Council.
4. Ttiat trash storag~ areas shall be repaired and maintai.ned in
~accordance with approved plans ~n file with the Street MaintEnance
~nc1 Sanital•i.on Divis.ion.
5. That prior to the commencement of the activity autnoi~zed u-id~~r this
resolution, or piior to khe time ~hat a building permit is ~Sgl2P.C~~ or
within a period of ninety (90) days fro~n the date oT tl~is r~solution,
whictiever occurs fir~t, the owner(s) of ~i.ibject progerty shell
execute and record a covenanl in a form approved by the ~ity
Attorney's Office wherein such owner.(s) ar~ree not ~o contest the
f~ormation of any assessment district(s) whic.h may hereafker be formed
pursuant to the provisions o£ Development Agreement No. 83-01 between
the City of Anaheim and Anaheim Stadium Associates, which districts
could include such owner's property. Failure to comp:ly with this
condition within thz specified time shall deem thi.s conditfonal use
permit nu11 and v~oid.
6. That the proposal sha11. comply with a11 signing requiremer.~s of the
ML Zone, unless a variance allowing sign waivers is approved by the
Flanning Commissiun or Ci.ty Council.
7. That the driveway shall be redesigned to accomm~date ten (i0) foat
radius c;urb returns as required by ti~e City Traf.fic Engineer.
8. That no aleoholic beverages excepl beer and wine shall be sold or
consumed on the prenises.
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5. That subject progerty shal~ be developed substantially in acaordance
with ~lans and specif-ications on file with the City of Anaheim marked
Exhibit Nos~ 1 and 2.
10. That prior to th~ commencement of the activity authorized under this
rr•.solution~ ar pr~or to issuance of a bu~.ldirig per.mit, oc~ within a
~Eriod of one year f.rom the datE of this resolution, whichever occ~;rs
first, CondiL-ion Nos. 1, 2 an~l 3, above-mentioned, shall he cornplied
with. Extensions for f~.~rther time to coznplete said canditions may be
granted in accurd ance with Se~:tion 18.03.090 of the Anaheim Municipa3.
Code.
11. 'I'hat prior to the commencement of the activi :y aiathorized under this
resolution, or f inal building and zoning inspec~ions whichever occurs
first, Condition Nos. 4, 7 and 9, above-mentioned, sha11 be complied
with.
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BE IT FURTHER RESOLVED that th~ Ariaheim City Plannir~g Commission do~s
hereby find and determine that adoption ai this Resolution is expressl~~
predicated upon applicant's c~mpliance with each and all of the conditions
hereinaboye set forth. Should any Gucl~ conditions, or any part thereof, be
declared inval.id or ~znenForceable by the final judgmen~ of any court of
competent jurisdictior., then this Re;o].ution, and any appr4vals herein
contaa.ned, shala. be cler:med nu11 ana void.
THr^, FOREGOIN ~ RESOLUTION is signed and app oved by me this 15th ~•.~
of Oc~ober, 1984. - /` j~
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`--6•HAIRMAN, ANAHEI CITX PLANNING COMMISSION
ATTEST;
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SECR~;TARY, ANAHEIM CI'PY PLANNTN(; COMMISSZON
STATE OE CALZFGRNIA ?
COUN~Y OF OR.ANGE ) ss.
CITY GF ANpHETM )
I, Edith L. Harris, Secretary of the Ariaheim City Planning
Commission, d~ hereby certify that the foreguing resoluti~n was passed and
adopted at a meetiny of the Anaheim City Planning Commis~ion hQld on October
15, ~984, by th~ follc~wing vote of tihe membeLS therEOf:
AYE~: COMMISSIUNERS: HERAST, KING, LA CL~IRE,
NOES: COMMISSIONERS: B[J~HORE
ABSENT: COMMISSION~RS: BOUAS, FRY, MC BURNFY
IN WITNESS WHERFAF, I Have hereunto set my hand thi:~ 15th day of
October, 1984. ~
~~ /L ` 1~ 1~'r "~L~d
SECRETARY, ANACiEIM CI`PY PLANN~NG COM.MIS~ION
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PC84-~211
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