88-022 RESOLUTION NO. 88R-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
GRANTING CONDITIONAL USE PERMIT NO. 2925.
WHEREAS, the City Planning Co~mission 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 LARRY R. SMITH AND JUDITH I.
SMITH, 17046 Marina Bay Drive, Huntington Beach, CA 92649, owner and SHELDON
L. POLLACK CORP., 419 Santa Monica Blvd., Santa Monica, 90401 ATTN: ALVIN Y.
LEE, agent to permit two drive-through, walk-up restaurants with outdoor
seating upon certain real property located within the City o£ Anaheim, County
of Orange, State of California, legally described as:
PARCEL 1: THAT PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 4 SOUTH, RANGE 11
WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, AS SHOWN ON
A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION; THENCE
SOUTH 89° 36' WEST 248.02 FEET; THENCE NORTH 53° 24' WEST
ALONG THE PACIFIC ELECTRIC RAILROAD RIGHT-OF-WAY 521.62 FEET;
THENCE NORTH 0o 13' WEST 72.95 FEET; THENCE NORTH 89°
36' EAST 222.3 FEET TO THE INTERSECTION WITH A LINE PARALLEL
WITH THE EAST LINE OF SAID SECTION AND DISTANT WESTERLY 4~3.0
FEET FROM SAID EASTERLY LINE OF SAID SECTION, AND
INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE NORTH
89° 36' EAST 240.00 FEET; THENCE PARALLEL WITH SAID EAST
LINE SOUTH Oo 15' 45" EAST 163.74 FEET TO A LINE PARALLEL
WITH AND DISTANT 53.00 FEET NORTHERLY FROM THE COURSE
HEREINBEFORE DESCRIBED AS "SOUTH 89° 36" WEST 248.02 FEET";
THENCE PARALLEL WITH SAID COURSE, NORTH 89° 36" EAST 20.00
FEET TO THE WESTERLY LINE OF THE EASTERLY 183.00 FEET OF SAID
SECTION; THENCE ALONG SAID WESTERLY LINE, NORTH 0O 15' 45"
WEST 163.74 FEET TO A LINE PARALLEL WITH AND DISTANT
SOUTHERLY 170.00 FEET FROM THE EASTERLY PROLONGATION OF THAT
CERTAIN COURSE DESCRIBED ABOVE AS NORTH 89° 36' EAST 222.3
FEET"; THENCE ALONG SAID PARALLEL LINE NORTH 89° 36' EAST
222.3 FEET"; THENCE ALONG SAID PARALLEL LINE NORTH 89° 36'
EAST 130.00 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY
53.00 FEET FROM SAID EASTERLY LINE OF SAID SECTION; THENCE
ALONG SAID LAST DESCRIBED PARALLEL LINE NORTH 0° 15' 45"
WEST 170.00 FEET TO A LINE WHICH BEARS NORTH 89° 36' EAST
AND WHICH PASSES THROUGH THE TRUE POINT OF BEGINNING THENCE
ALONG SAID LAST MENTIONED LINE. SOUTH 89° 36' WEST 390.00
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION
15, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, IN THE C£TY OF ANAHEIM, AS SHOWN ON A MAP RECORDED
~N BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, DESCRIBED AS FOLLOWS:
BEG£NNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID
SECTION 15 WITH THE NORTHEASTERLY RIGHT OF WAY LINE OF THE
PACIFIC ELECTRIC RAILROAD, 100.00 FEET WIDE AS DESCRIBED IN
DEED TO THE LOS ANGELES iNTER URBAN RAILWAY COMPANY RECORDED
NOVEMBER 14, 1905, IN BOOK 122, PAGE 278 OF DEEDS, RECORDS OF
SAID ORANGE COUNTY, THENCE ALONG SAID RIGHT OF WAY LINE NORTH
53° 24' 00" WEST 521.61 FEET; THENCE NORTH 0o 13' 00"
WEST 521.61 FEET; THENCE NORTH 0o 13' 00" WEST 72.95 FEET;
THENCE NORTH 89° 36' 00" EAST 222.30 FEET TO A LINE 443.00
FEET WESTERLY AND PARALLEL WITH THE EAST LINE OF SAID SECTION
15' THENCE ALONG SAID PARALLEL LINE SOUTH 0O 15' 45" EAST
170.00 FEET; THENCE NORTH 89° 36' 00" EAST 240.00 FEET;
THENCE SOUTH 0o 15' 45" EAST TO THE SOUTH LINE OF SAID
SECTION; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE POINT
OF BEGINNING.
EXCEPTING THEREFROM THE SOUTHERLY 30.00 FEET FOR ROAD
PURPOSES.
ALSO EXCEPTING THEREFROM ANY PORTION LYING WEST OF THE WEST
LINE OF THE EAST 20.00 ACRES OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 15.
PARCEL 3: THE NORTH 33.74 FEET OF THE SOUTH 216.74 FEET OF
THE EAST 183.O0 FEET OF THE SOUTHEAST QUARTER OF SECTION 15,
TOWNSHIP 4 SOUTH, RANGE 11, 3, IN THE RANCHO LOS COYOTES, IN
THE CITY OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 51,
PAGE 11, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY; 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.O3 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.
PC87-241 granting Conditional Use Permit No. 2925; 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 consl- 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
we]fare of the citizens of the City of Anaheim.
WHEREAS, the City Council does further find with regard to the
hereinafter specified proposed waiver(s) of Anaheim Municipal Code
requirements, other than the proposed waiver of off-street parking
requirements, as follows:
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;
and
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; and
WHEREAS, the City Council does further find and determine with
regard to the proposed waiver of certain off-street parking requirements that:
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 Conditional Use Permit No. 2925 be, and the same is hereby,
granted permitting two drive-through, walk-up restaurants with outdoor seating
on the hereinabove described real property with a waiver of the following
provisions of the Anaheim Municipal Code:
(A)
SECTIONS 18.06.050.O22 - Minimum number of parking spaces
18.06.050.0231 (338 required; 204 proposed)
18.06.O50.0233
18.O6.050.0257
18.06.080
AND 18.~.066.050
(B)
SECTIONS 18.06.070.020 - Minimum drive-through lane dimensions
AND 18.~.066.020 (Minimum 60 ft. between start of lane
and ordering device and 100 ft. between
ordering device and service window
required; one lane at 100 ft. and 60 ft.
respectively, other lane at 93 ft. & 58
ft. respectively proposed)
(C) SECTION 18.~.063.043 -
Minimum distance between
(8 feet required for pedestrian
aceessway; 2 feet existing)
(D) SECTION 18.~.068 -
Required site screening
(6-foot high block wall required
adjacent to railroad right-of-way; none
proposed)
subject to the following conditions:
That prior to issuance of a building permit, the appropriate
traffic signal assessment fee shall be paid to the City of
Anaheim in an amount as determined by the City Council.
That prior to issuance of a building permit, plans shall be
submitted to the Building Division showing compliance with sound
attenuation measures as recommended in the report dated December
15, 1981, prepared by J. J. Van Houten and Associates, Inc.
That exterior security lighting shall be installed, used and
maintained on-site.
That in the event a parcel map is recorded on subject property,
a reciprocal access and parking agreement, in a form
satisfactory to the City Attorney, shall be recorded with the
Office of the Orange County Recorder. A copy of the recorded
agreement shall then be submitted to the Zoning Division.
That all driveways shall be reconstructed to accommodate ten
(10) foot radius curb returns as required by the City Traffic
Engineer.
That drainage of subject property shall be disposed of in a
manner satisfactory to the City Engineer.
That the new construction authorized by this resolution shall be
served by underground utilities.
11.
12.
17.
lq.
15.
16.
18.
19.
That prior to commencement of structural framing, fire hydrants
shall be installed and charged as required and determined to be
necessary by the Chief of the Fire Department.
That fire sprinklers shail be installed as required by the City
Fire Marshal.
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 existing structures shall comply with the minimum
standards of the City of Anaheim, including the Uniform
Building, Plumbing, Electrical, Mechanical and Fire Codes as
adopted by the City of Anaheim.
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 a six (6)-foot high masonry block wall shall be maintained
along the north property line.
That any proposed parking area lighting fixtures adjacent to any
residential property shall be down-lighted with a maximum height
of 12 feet. Said lighting fixtures shall be directed away from
adjacent residential property lines to protect the residential
integrity of the area.
That the owner of subject property shall submit a letter
requesting termination of Variance No. 1893 and Conditional Use
Permit Nos. 1198, 1687, 2104, 2124, 2642 and 2683 to the Zoning
Division.
That subject property shall be developed substantially in
accordance with plans and specifications on file with the City
of Anaheim marked Revision No. 2 of Exhibit No. 1 and Exhibit
Nos. 2 through 5; provided, however, that all small car parking
spaces shall be at least eight (8) feet in width.
That prior to issuance of a building permit, or within a period
of one year from the date of this resolution, whichever occurs
first, Condition Nos. 1, 2, and 16, 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 prior to final building and zoning inspections, Condition
Nos. 3, 5, 6, 7, 9, 10, ll, 12, 14, 15 and 17, above-mentioned,
shall be complied with.
-5-
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, requlation 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, he 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 19th day of ~nuary, ~988.
MAYOR OW THE CITY O~ ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW/jb
223]L
012188
-6-
CLEKK
STATE OF CAL£FORNIA )
COUNIY 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. 88R-22 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 19th day of January, 1988, by the following vote of the members thereof:
AYES:
COUNCIL ~MBEKS: Ehrle, Hunter, Kaywood and Bay
NOES: COUNCIL liEMBERS: None
ABSENT: COUNCIL MEMBERS: Pickler
~qD I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-22 on the 19th day of January, 1988.
IN WITNESS WHEREOF, · have hereunto set my hand and affixed the seal of the
City of Anaheim this 19th day of January, 1988.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
i, L~ONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 88R-22 duly passed and adopted
by the Anaheim City Council on January 19, 1988.
CITY CLERK OF THE CITY OF ANANEIM