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RES-1989-222RESOLUTION NO. 89R-222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3145. 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 CARL ELSNER, 2791 Bunting Circle, Costa Mesa, CA, owner, and GEORGETTA PI AND FRANK SHIRIG, 7722 Everst Circle, Huntington Beach, CA 92647, agents, a cocktail lounge (which replaced a former restaurant) upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN A BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF COLCHESTER DRIVE WITH THE EASTERLY LINE OF THE FIRST ALLEY OF BROOKHURST STREET, AS SHOWN ON A MAP OF TRACT NO. 2701, RECORDED IN BOOK 115, PAGES 5 AND 6 OF SAID MISCELLANEOUS MAPS; THENCE NORTH 89 DEG. 57' 48" EAST 100.00 FEET THE TRUE POINT OF BEGINNING; THENCE NORTH 0 DEG. 02' 12" WEST 121.71 FEET TO THE SOUTH LINE OF TRACT NO. 2295, AS PER MAP RECORDED IN BOOK 62, PAGES 7 AND 8 OF SAID MISCELLANEOUS MAPS: THENCE NORTH 89 DEG. 57' 48" EAST 301.30 FEET ALONG SAID SOUTH LINE TO THE CENTER LINE OF BROOKHURST STREET; THENCE SOUTH 0 DEG. 40' 06" WEST 153.73 FEET TO THE CENTER LINE OF COLCHESTER DRIVE: THENCE SOUTH 89 DEG. 57' 48" WEST 299.41 FEET; THENCE NORTH 0 DEG. 02" WEST 32.00 FEET TO THE TRUE POINT OF BEGINNING; 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. PC89-108 granting Conditional Use Permit No. 3145; 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: 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. 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, -2- CUP 3145 Conditional Use Permit No. 3145 be, and the same is hereby, granted permitting a cocktail lounge (which replaced a former restaurant) on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.06.050.022 - 18.06.050.0251 and 18.4'4.'066.'0"50 Minimum number of parking spaces· [81 requi'r'ed; 61 proposed) subject to the following conditions: 1. That street lighting facilities along Brookhurst Street shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager. . That the existing most easterly driveway on Colchester Drive shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping, as may be required by the City Traffic Engineer in view of the Planning Commission's recommendation that said driveway be retained if possible. . That a parking plan showing compliance with City parking lot design standards shall be submitted to and approved by the City Traffic Engineer. The owner of subject property shall restripe the parking lot within thirty [30] days after approval of said plan. . That a fee shall be paid to the City of Anaheim for tree planting along Brookhurst Street and Colchester Drive in an amount as established by City Council resolution. · That the trash storage areas shall be refurbished to comply with approved plans on file with the Street Maintenance and Sanitation Division. . That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view, and the sound buffered from adjacent residential properties to the north. . That the proposal shall comply with ail signing requirements of the CL "Commercial, Limited" Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. · That a six (6) foot high masonry block wail shall be maintained along the north property line excepting the front setback where the wall height shall not exceed three (3) feet; provided, however, that the City Traffic Engineer shall have the authority to reduce the height of the wall to protect safe lines-of-sight where pedestrian/vehicular circulation occur. -3- CUP 3145 · That any parking area lighting fixtures adjacent to the residential properties to the north shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area. 10. That the on-site landscaping shall be refurbished and maintained in compliance with City standards. 11. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 12. That Condition No. 2 and 5, above-mentioned, shall be completed within a period of thirty (30) days from the date of this resolution. 13. That Condition Nos. 1, 4, 5, 6, 8, and 9 and 11, above-mentioned, shall be completed within a period of ninety (90) days from the date of this resolution. 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 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 6th day of June, 1989. ATTEST' CITY CLERK OF THE CITY OF ANAHEIM /kh 3174L 061989 -4- CUP 3145 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-222 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 6th day of June, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle and Hunter NOES: COUNCIL MEMBERS: Pickler ABSTAINED: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-222 on the 20th day of June, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of June, 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-222 duly passed and adopted by the Anaheim City Council on June 6, 1989. CITY CLERK OF THE CITY OF ANAHEIM