86R-146
RESOLUTION NO. 86R-146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2761.
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 CLYDE SCHLUND, 616 South Peralta Hills, Anaheim, California
92807, owner, and JACK BENNETT, ET AL., 1230 South West Street,
Anaheim, California 92802, AND SOUTH COAST BUILDERS, 647 Camino de
10s Mares, San Clemente, California 92672, ATTENTION: BOB KRAUSE
AND DANIELSON DESIGN GROUP, 31732 Rancho Viejo Road, San Juan
Capistrano, California 92675, agents,upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY; 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. PC86-48 granting, in
partm Conditional Use Permit No. 2761; 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 all 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:
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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.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off-street parking requirements, as follows:
1. That there are 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; and
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical
zoning classification in the vicinity; and
..'
WHEREAS, the City Council does further find and
determine with regard to the proposed waiver of certain
off-street parking requirements that:
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 the action of the City Planning
Commission granting, in part, said conditional use permit be, and
the same is hereby, affirmed and that Conditional Use Permit No.
2761 be, and the same is hereby, granted permitting a fast-food
and dinner house complex on the hereinabove described real
property with a waiver of the following provisions of the Anaheim
Municipal Code:
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SECTION 18.04.045.013
Minimum landscaped setback
(20 feet adjacent to West
Street required; 5 feet
proposed)
SECTIONS 18.06.050.0232
18.06.050.0233
18.06.080
AND 18.48.066.050
Minimum number of parking
spaces. (640 spaces re-
quired; 458 spaces proposed)
That the requested waiver (a) is hereby granted, in
part, on the basis that there are special circumstances
applicable to the property such as size, shape,
topography, location and surroundings which do not
apply to other identically zoned property in the same
vicinity; and that strict application of the Zoning
Code deprives the property of privileges enjoyed by
other properties in the identical zone and
classification in the vicinity; and further that the
petitioner stipulated at the public hearing to provide
fifteen (15) feet of landscaping between West Street
and the proposed building, with no less than ten (10)
feet adjacent to West Street (between the street and
parking area) and no less than five (5) feet adjacent
to the building.
That the requested waiver (b) is hereby granted on the
basis that the parking waiver will not cause an
increase in traffic congestion in the immediate
vicinity nor adversely affect any adjoining land uses
and granting of the parking waiver under the conditions
imposed, if any, will not be detrimental to the peace,
health, safety and general welfare of the citizens of
the City of Anaheim; and further on the basis that the
petitioner stipulated at the public hearing to reduce
the square footage of the building so that proposed
parking is provided at a ratio of 12.67 spaces per
1,000 square feet of gross floor area, as identified in
the Parking Demand Study prepared by Greer and Company
and dated October 22, 1985 (the ratio being similar to
490 spaces for a 37,887 square foot building).
BE IT FURTHER RESOLVED that Conditional Use Permit No.
2761 is being granted subject to the following conditions:
1. That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid to the
City of Anaheim in an amount as determined by the City Council
for new commercial buildings.
2. That as required by Section 18.04.080.020 of the
Anaheim Municipal Code, the owner/developer of subject property
shall either post a faithful performance bond with the City
Engineer to guarantee the removal of existing street
improvements and reconstruction at the ultimate location, or
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make a cash payment to the City of Anaheim for the cost of said
removal and reconstruction as provided for in said Code.
3. That all driveways shall be constructed to accommodate
ten (10) foot radius curb returns as required by the City Traffic
Engineer.
4. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
5. That subject property shall be served by underground
utilities.
6. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Department.
7. That fire sprinklers shall be installed as required by
the City Fire Marshal.
8. That the owner of the leasehold interest known as
Anaheim Junction Campground (Peter J. Nozero, as testified before
the Planning Commission on February 19, 1986) shall submit a
letter requesting termination of Conditional Use Permit No. 1317
to the Planning Department; however, that if the current owner
(Peter J. Nozero) has sold or otherwise transferred said
leasehold interest, satisfactory proof thereof shall be furnished
to the Planning Department.
9. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 1 through 3; provided, however,
that (a) a minimum ten (10) foot wide landscaped planter shall be
provided along West Street, (b) a minimum five (5) foot wide
landscaped planter shall be provided five (5) foot adjacent to
the west facing wall of the building, (c) parking shall be
provided at a ratio of at least 12.67 spaces per one-thousand
(1,000) square feet of gross floor area, and Cd) Not more than
twenty-five percent (25%) of the proposed parking shall be
dimensioned for small cars.
10. That prior to the commencement of the activity
authorized under this resolution, or prior to issuance of a
building permit, or within a period of one year from the date of
this resolution, whichever occurs first, Condition Nos. 1, 2 and
8, 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.
11. That prior to final building and zoning inspections,
Condition Nos. 3, 4, 5, 7 and 9, above-mentioned, shall be
complied with.
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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
all 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 the 15th d April, 1986.
ATT~~ ?t ~
CITY CLERK OF THE CITY OF ANAHEIM
JWF:fm
5322M
060386
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-146 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 15th day of April, 1986, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: Overhol t
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-146 on the 15th day of April, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 15th day of April, 1986.
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~a /L
CIT CLERK OF THE CITY OF ANAHEl
(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-146 duly passed and
adopted by the Anaheim City Council on April 15, 1986.
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CITY CLERK ----