94-070 RESOLUTION NO. 94R-70
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
VARIANCE NO. 4237.
WHEREAS, after a request for variance to permit
expansion of an existing take-out restaurant/deli into an
adjacent vacant unit (formerly occupied by a retail tenant) to
include 1,175 square feet of seating area, was received, a public
hearing before the Planning Commission of the City of Anaheim was
held upon due and proper notice, a result of which Variance No.
4237 was granted covering the following described property:
LOT 152 OF TRACT NO. 1825, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 62 PAGE 43 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY.
EXCEPT THAT PORTION THEREOF DESCRIBED AS FOOLOWS:
BEGINNING AT THE WEST TERMINUS OF THE MORTH LINE OF
SAID LOT WHICH IS SHOWN AS NORTH 89051'00" WEST
190.01 FEET, AND RUNNING; THENCE SOUTH 89051'00"
EAST ALONG SAID LINE 150.01 FEET; THENCE SOUTH
0032'30" EAST PARALLEL WITH THE PORTION OF THE WEST
LINE OF SAID LOT HAVING SAID BEARING 100.00 FEET;
THENCE NORTH 89o51'00" WEST PARALLEL WITH THE NORTH
LINE OF SAID LOT 38.74 FEET, MORE OR LESS; THENCE
SOUTH 0o32'30" EAST 45.61 FEET; THENCE NORTH
89o51'00" WEST PARALLEL WITH THE NORTH LINE OF SAID
LOT AND ITS WESTERLY EXTENSION 125.00 FEET TO THE
WESTERLY LINE OF SAID LOT, SAID POINT OF
INTERSECTION BEING ON A CURVE CONCAVE NORTHEASTERLY
AND HAVING A RADIUS OF 730.00 FEET, A RADIAL LINE AT
SAID POINT BEARING NORTH 85°51'00" EAST; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 3036'37", AN ARC DISTANCE OF 46.00 FEET TO A LINE
TANGENT; THENCE NORTH 0032'30" WEST ALONG SAID
TANGENT LINE, BEING THE WEST LINE OF SAID LOT, 84.50
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 90°41'30", AN ARC DISTANCE OF 23.74
FEET TO THE POINT OF BEGINNING, AS CONVEYED TO
F. S. S. LAND CORP. BY DEED RECORDED JUNE 6, 1963 IN
BOOK 6577 PAGE 216 OF OFFICIAL RECORDS; 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 public
hearing noticed and held as prescribed by law and, as a result
thereof, the City Council does hereby make the following findings:
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 a conditional zoning variance be, and
the same is hereby, granted to permit expansion of an existing
take-out restaurant/deli into an adjacent vacant unit (formerly
occupied by a retail tenant) to include 1,175 square feet of
seating area on the property hereinbefore described with waivers
of the following sections of the Anaheim Municipal Code:
SECTIONS 18.06.050.022 Minimum Number of Parkin~
Spaces.
18.06.050.0231 (116 spaces required by
Code;
AND 18.44.066 107 spaces required by
Parking Study;
8--7 spaces existing; and
107 spaces proposed by
restriping).
That said variance be granted subject to the following
conditions:
1o That the legal property owner shall irrevocably offer to
dedicate to the City of Anaheim an easement 45 feet in width
from the centerline of the street along East Street for
street widening purposes.
2. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the current version of Engineering Standard
Plan Nos. 436 and 602 pertaining to parking standards and
driveway location. Subject property shall thereupon be
developed and maintained in conformance with said plans.
3. That trash storage areas shall be provided and maintained in
a location acceptable to the Department of Maintenance and
in accordance with approved plans on file with said
Department. Such information shall be specifically shown
on the plans submitted for building permits.
4. That a plan sheet for solid waste storage and collection and
a plan for recycling shall be submitted to the Department of
Maintenance for review and approval.
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5. That an on-site trash truck turn-around area shall be
provided and maintained to the satisfaction of the
Department of Maintenance. Said turn-around area shall be
specifically shown on plans submitted for building permits.
6. That food waste products (i.e., meat and vegetables) shall
be pre-bagged before placing in the trash bins.
7. That no on or off-sale and consumption of alcoholic beverage
shall be permitted.
8. That the interior of the building shall not be "hosed down"
to the exterior of the building. All drainage of hosing
down" the interior shall be via an interior floor drain.
9. That a 6 foot high block wall with landscaping to prevent
graffti be constructed along the east property line within
90 days of approval
10. That the driveway along Briarwood Street be closed and the
parking lot be re-stiped to the satisfaction of the City
Traffic and Transportation Manager within 90 days of
approval.
11. 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.
12. That prior to issuance of a building permit, or within a
period of one (1) year from the date of this decision,
whichever occurs first, Condition Nos.1 through 5,
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.
13. That within 90 days of approval Condition Nos 9 and 10 shall
be complied with.
14. 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 of the
City of Anaheim does hereby find and determine that adoption of
this Resolution is expressly predicated upon applicant's
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compliance with each and all of the conditions hereinabove set
forth. Should any such condition, 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 this
day of April , 1994.
CITY CLERK OF THE CITY OF ANAHEIM
JLW:lm
6829.1\J~4HITE\April 28, 1994 4
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. 94R-70 was introduced and adopted at a regular meeting provided by law, of the Anaheim City
Council held on the 26th day of April, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Daly
NOES: COUNCIL MEMBERS: Pickler, Hunter
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-70
on the 27th day of April, 1994.
IN WITNESS WHEREOF, I have hereunte set my hand and affixed the official seal of the City of
Anaheim this 27th day of April, 1994.
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. 94R-70 was duly passed and adopted by the City Council of the City of
Anaheim on April 26, 1994.
CITY CLE!RK OF THE CITY OF ANAHEIM