95-006 RESOLUTION NO. 95R-6
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3728.
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
to permit the addition of an enclosed play/dining area to an
existing drive through restaurant upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 141,
PAGES 48 AND 49 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,
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. PC94-152 granting Conditional
Use Permit No. 3728; 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
consideration 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
9078.1\EEGAN\January 11, 19<25
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.
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 approving said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 3728 be, and the same is hereby, granted
permitting on the hereinabove described real property with a waiver
of the following provisions of the Anaheim Municipal Code:
Sections 18.06.050.020.0233 - Minimum number of Darkinq spaces.
18.06.080 (82 spaces required; 58 sDaces
proposed,
and 18.44.066.050 as recommended by the parking
demand
study and concurred with by the
City Traffic
and Transportation Manager)
subject to the following conditions:
1. That a plan sheet for solid waste storage and collection and a
plan for recycling shall be submitted to the Department of
90~.l\EEGAN\January 11, 1~5
Maintenance for review and approval.
2. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the latest revisions of Engineering Standard
Plan Nos. 436 and 602 pertaining to parking standards and
driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
3. 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 through 5.
4. 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. 1 and 2, 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.
5. That prior to final building and zoning inspections, Condition
No. 3, above-mentioned, shall be complied with.
6. 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 10th day of January, 1995.
MAYOR OF THE CITY O~ ANAHEIM
CITY CLERK OF THE CITY OF ANAHEIM
9078.1\EEGAN\January 11, 1~5
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. 95R-6 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the loth day of January, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
COUNCIL VACANCY: COUNCILMEMBER: One
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-6 on the
loth day of January, 1995.
iN WITNESS WHEREOF, I have hereunto sat my hand and affixed the official seal of the City of Anaheim
this loth day of January, 1995.
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 Resc4ution No. 95R-6 was duly passed and adopted by the City Council of the City of Anaheim on
January 10, 1995.
CITY CLERK OF THE CITY OF ANAHEIM