RES-1989-352RESOLUTION NO. 89R-352
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3169.
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 HAVADJIA HOLDINGS, INC., 15621 Silver Spur Road, Riverside,
CA 92504, owner to permit a drive-through window addition to an
existing restaurant upon certain real property located within the
City of Anaheim, County of Orange, State of California, legally
described as:
THE NORTH 150 FEET OF THE EAST 189.79 FEET OF LOT 18
IN BLOCK 36 OF THE YORBA LINDA TRACT, AS SHOWN ON A
MAP RECORDED IN BOOK 5 PAGES 17 AND 18 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA.
EXCEPTING THEREFROM THE EAST 39.79 FEET THEREOF; 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. PC89-163 granting
Conditional Use Permit No. 3169; 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 ail 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:
CUP 3169
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.
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
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
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.
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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that Conditional Use Permit No. 3169 be, and
the same is hereby, granted permitting a drive-through window
addition to an existing restaurant on the hereinabove described
real property with a waiver of the following provisions of the
Anaheim Municipal Code:
SECTIONS 18.06.050.0233
and 18.61.066.050
Minimum number of parking spaces.
(35 required; 24 proposed)
subject to the following conditions:
That the "order" speaker shall be equipped with an operable
volume control.
-2- CUP 3169
That subject property shall be developed substantially in
accordance with plans and specifications on file with the
City of Anaheim marked Exhibit Nos. 1 and 2.
That a Five Thousand Dollar ($5,000) traffic signal
installation fee shall be paid to the City of Anaheim as a
partial contribution toward the installation of a traffic
signal at the intersection of La Palma Avenue and Richfield
Road. In the event said traffic signal is not installed
within 24 months following the date of such payment, said
fee shall be refunded to the payor upon written demand
therefor by the payor.
That prior to final building and zoning inspections, or
within a period of thirty (30) days from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2
and 3 above-mentioned, shall be complied with.
That there shall be no beer and wine or other on or off
premises sale of alcoholic beverages of any kind permitted.
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 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
ali 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 8th day of August,
1989.
CITY CLERK OF THE CITY OF ANAHEIM
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-3-
CUP 3169
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. 89R-352 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 8th day of August, 1989, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Daly, Ehrle, Pickler and Kaywood
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: Hunter
AND I FURTHER certify that the Mayor Pro Tem of the City of Anaheim signed
said Resolution No. 89R-352 on the 22nd day of August, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 22nd day of August, 1989.
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. 89R-352 duly passed and
adopted by the Anaheim City Council on August 8, 1989.
CfTY CLERK OF THE GITY OF A_NA~EIM