91-225 RESOLUTION NO. Q]R-225
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3413.
WHEREAS, the city Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit a 1,120 square foot expansion to an existing restaurant with
on-premise sale and consumption of beer and wine (previously
approved by Conditional Use Permit No. 2663) upon certain real
property located within the city of Anaheim, County of Orange,
State of California, legally described as:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 13, T 4 SOUTH,
RANGE 10 WEST, SBM, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A HAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS HAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY TERMINUS OF THAT
COURSE DESCRIBED AS NORTH 89° 02' 32" WEST,
175.00 FEET IN THE BOUNDARY OF PARCEL 3 OF
FINAL ORDER OF CONDEMNATION (STATE PARCEL
B6419) FILED IN SUPERIOR COURT CASE NO. 114537
IN AND FOR SAID COUNTY, A CERTIFIED COPY OF
SAID FINAL ORDER BEING RECORDED JUNE 3, 1964 IN
BOOK 7073, PAGE 214 OF SAID OFFICIAL RECORDS;
THENCE ALONG THE EASTERLY PROLONGATION OF SAID
COURSE SOUTH 89° 02' 32" EAST 318.48 FEET TO A
NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING
A RADIUS OF 300.00 FEET; THENCE NORTHERLY ALONG
SAID CURVE, FROM A TANGENT WHICH BEARS NORTH
00~ 57' 28" EAST, THROUGH AN ANGLE OF 40° 56'
43", AN ARC DISTANCE OF 214.39 FEET TO A POINT
IN THAT COURSE DESCRIBED AS SOUTH 52° 13' 12"
WEST 24.19 FEET IN THE BOUNDARY OF SAID PARCEL
3, DISTANT THEREON NORTH 52° 13' 12" EAST, 2.55
FEET FROM ITS SOUTHWESTERLY TERMINUS; THENCE
ALONG LAST SAID BOUNDARY THE FOLLOWING COURSE:
SOUTH 52° 13' 12" WEST 2.55 FEET; SOUTH 53° 20'
07" WEST, 258.88 FEET; AND SOUTH 79* 38' 53"
WEST 188.66 FEET TO THE POINT OF BEGINNING.
THE NORTHERLY 2 FEET OF SEGMENT 1 OF STATE
RELINQUISHMENT REQUEST NO. 1077, RECORDED
OCTOBER 30, 1984 AS DOCUMENT NO. 84-446412, OF
CUP #3413
OFFICIAL RECORDS, 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. PC91-67 approving Conditional
Use Permit No. 3413; 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 adjoining
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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3413 be, and the same is hereby, granted
permitting a 1,120 square foot expansion to an existing restaurant
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CUP #3413
with on-premise sale and consumption of beer and wine (previously
approved by Conditional Use Permit No. 2663) on the hereinabove
described real property, subject to the following conditions:
1. That trash storage areas shall be provided and maintained in a
location acceptable to the Street Maintenance and 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.
2. That a solid waste management plan with recycling capabilities
shall be approved by the Street Maintenance and Sanitation
Division. Upon occupancy of the project, said plan shall
commence and shall remain in full effect as required by said
Division.
3. That within a period of one hundred twenty (120) days from the
date of this resolution, a landscape and irrigation plan for
subject property shall be submitted to the Zoning Division for
review and approval by the Planning Commission as a "Reports
and Recommendations" item.
4. That concurrent with the street widening project approved for
Ball Road or within a period of one (1) year from the date of
this resolution, whichever occurs first, a minimum five (5)
foot wide landscaped and irrigated planter strip shall be
installed adjacent to Ball Road (behind the ultimate right-of-
way line) except for existing driveway openings.
5. 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.
6. That prior to commencement of the activity herein approved, or
within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2 and 3,
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.
7. That this conditional use permit is granted for a period of
one (1) year and shall terminate on July 1, 1992.
8. That within a period of two (2) weeks from the date of this
resolution, the petitioner shall paint the older commercial
building.
9. That within a period of sixty (60) days from the date of this
resolution, the petitioner shall screen the roof-mounted
equipment from adjacent residential properties and public
streets.
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CUP #3413
10. That within a period of ninety (90) days from the date of this
resolution, the petitioner shall re-asphalt or patch, slurry
seal and re-stripe the entire parking 10t.
11. 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
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 July, 1991.
M~YO~ OF THE CITY OF AH~_~
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34C3413.12
071191
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CUP #3413
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. 91R-225 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 9th day of
July, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pickler
AND I FURTHER certify that the M~yor of the City of Anaheim signed said
Resolution NO. 91R-225 on the loth day of July, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 10th day of July, 1991.
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. 91R-225, duly passed and
adopted by the City Council of the City of Anaheim en July 9, 1991.
CITY CLERK OF THE CITY OF ANAHEIM