90-026 RESOLUTION NO.90R-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3216.
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 VANDERBILT LIMITED, 27122-B Paseo Espada, #1021, San Juan
Capistrano, CA 92675, owner, and DAVE SCOTT, VANDERBILT LIMITED,
27122-B Paseo Espada, #1021 San Juan Capistrano, CA 92675, agent
to permit the further division of a commercial retail center to
establish a 1,600 sq. ft. restaurant upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
PARCELS 8 AND 9 AS SHOWN ON A MAP FILED IN BOOK 222, PAGES 37
TO 41 INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA; 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,
investigatipn 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. PC89-266 granting
Conditional Use Permit No. 3216; 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:
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.
CUP 3216
5. 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, the
action of the City Planning Commission said conditional use
permit be, and the same is hereby, and that Conditional Use
Permit No. 3216 be, and the same is hereby, granted permitting
the further division of a retail commercial center to establish a
1,600 sq. ft. restaurant on the hereinabove described real
property with a waiver of the following provisions of the Anaheim
Municipal Code:
SECTIONS 18.06.050.0211 Minimum number of parking spaces.
18.06.050.022 (67y required; 617 provided)
18.06.050.0225
18.06.050.0231
18.06.050.0233
and 18.44.066.050
subject to the following conditions:
1. That there shall be no sale of beer, wine or other alcoholic
beverages of any kind on the premises, unless a conditional
use permit is approved authorizing such use.
2. That trash storage areas shall be provided and maintained in
a location acceptable to the Street Maintenance and
CUP 3216
Sanitation Division and in accordance with approved plans on
file with said Division. Such information shall be
specifically shown on the plans submitted for building
permits.
That plans shall be submitted to the Building Division
showing compliance with the minimum standards of the City of
Anaheim, including the Uniform Building, Plumbing,
Electrical, Mechanical and Fire Codes as adopted by the City
of Anaheim. The appropriate permits shall be obtained for
any necessary work.
4. That the proposal shall comply with all signing requirements
of the CL(SC) "Commercial, Limited - Scenic Corridor Overlay"
Zone, unless a variance allowing sign waivers is approved by
the City Council, Planning Commission or Zoning Administrator.
5. That unless a variance is applied for and granted, lighting
of the signage for subject property shall be prohibited
between the hours of midnight and 6:50 a.m. as required by
Code Section 18.05.091.052 "Limitations on Sign Lighting".
6. That no roof-mounted equipment shall be permitted, as
specified by Code Section 18.84.062.052 "Building and
Structural Height Limitations".
7. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the
City of Anaheim by the petitioner and which plans are on file
with the Planning Department marked Exhibit Nos. 1 and 2.
8. That prior to issuance of a building permit or within a
period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 2 and 5,
above-mentioned, shall be complied with. Extensions for
further time to complete said conditions may be granted in
accordance with Section 18.05.090 of the Anaheim Municipal
Code.
9. That prior to final building and zoning inspections,
Condition No. 7, above-mentioned, shall be complied with.
10. 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,
State and Federal 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 all of the
conditions hereinabove set forth. Should any such conditions, or
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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 9th day of January, 1990.
ATTEST:
CIT Y OF ANAHEIM
JLW:kh
3464L
011190
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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. 90R-26 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 9th day of January, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-26 on the 16th day of January, 1990..
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 16th day of January, 1990.
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. 90R-26, duly passed and
adopted by the Anaheim City Council on ~
January 1990.
CITY CLERK OF THE CITY OF ANAHEIM