88-014RESOLUTION NO. 88R-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2963.
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 SIGMUND J. SLIWOSKI AND GLORIA M. SLIWOSKI, 480 Canyon Ridge
Drive, Anaheim, CA 92807, owner, and CLAYTON PETERS, 3242 W.
Lincoln Avenue, Anaheim, CA 92801, agent, to permit on-sale beer
in an existing billiard parlour and amusement arcade upon certain
real property located within the City of Anaheim, County of Orange,
State of California, legally described as:
LOT 1 OF TRACT NO. 3886, IN THE CITY OF ANAHEIM, IN
THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 151, PAGES 8, 9, AND 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THE WESTERLY 130.00 FEET OF THE
NORTHERLY 120.00 FEET, SAID 130.00 FEET AND 120.00
FEET BEING MEASURED FROM THE TANGENT PORTIONS OF THE
WESTERLY AND NORTHERLY LINES, RESPECTIVELY, OF SAID
LOT l; and
WHEREAS, tile 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. PC87-239 granting
Conditional Use Permit No. 2963; 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
lng land uses and the growth and development of the area
it is proposed to be located.
adjoin-
in which
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 ali evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that ail 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
congestion in the immediate vicinity nor
adjoining land uses; and
an increase in traffic
adversely affect the
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 granting said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No, 2963 be, and the same is hereby,
granted permitting on-sale beer in an existing billiard parlour
and amusement arcade on the hereinabove described real property
with a waiver of the following provisions of the Anaheim
Municipal Code:
SECTIONS
AND
18.06.050.0212,
18.06.050.022,
18.06.050.0251,
18.06.050.0233,
18.44.066.050
Minimum number of parking spaces.
(134 spaces required; 108 spaces
existing)
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subject
1.
10.
11.
to the following conditions:
That the driveway on Lincoln Avenue shall be
reconstructed to accommodate ten (10) foot radius curb
returns. Existing broken or cracked driveways shall be
removed and replaced as required by the City Engineer.
That trash storage areas shall be provided and
maintained in accordance 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.
That the proposal shall comply with all signing
requirements of the CL Zone, unless a variance allowing
sign waivers is approved by the City Council, Planning
Commission or Zoning Administrator.
That no alcoholic beverages, except beer shall be sold
or consumed on the premises of the subject Billiard
Parlour/Amusement Arcade.
That food will at all times be available for service and
consumption on the premises.
That admittance to subject business shall be restricted
to persons 21 years of age or older.
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 prior to the commencement of the activity
authorized by this resolution, or within a period of one
year from the date of this resolution, whichever occurs
first, Condition Nos. 1, 2, 3, and 8, 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.
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.
That this use shall expire on January 12, 1989, unless
an extension of time is requested by the petitioner and
is approved by the City in accordance with provisions of
Section 18.03.093 of the Anaheim Municipal Code.
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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 12th day of January, 1988.
MAYO~~NAHEIM
ATTEST:
CITY CLERK OF THE
JLW/jb
2215L
011588
CITY OF ANAHEIM
-4-
CLERJi
STATE OF CAJ~IFORNIA )
COUNTY OF ORANGE ) ss.
CiTY OF ~AHEIM )
±, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 88R-14 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 12th day of January, 1988, by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
~ND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-14 on the 12th day of January, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 12th day of January, 1988.
CITY CLF~RK OF THE CITY OF ANAH~EIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 88R-14 duly passed and adopted
by t~e Anaheim City Council on January 12, 1988.
CfTY CLEP, K OF 'tHE CITY--~F ~NAHEIM