88-048RESOLUTION NO. 88R-48
A RESOLUTION OF THE CII'Y COUNCIL OF THE CiTY
OF ANAtiEIM GRANTING CONDITIONAL USE PERMIT
NO. 2972.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from LARRY P. HENRY, et al., owners, to permit a walk-up
restaurant upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
A portion of Lot K of Boege's Addition to Anaheim,
the City of Anaheim, as shown on a map thereof
recorded in book 3, pages 2 alld 3 of Miscellaneous
Records of Los Angeles County, California, said
portion being particularly described as follows:
i n
Beginning at the Northeasterly corner of said Lot K;
thence South 74° 25' 24" West along the Northerly line
of said Lot, 69.55 feet to a point on the
Northeasterly right of way line of Manchester Avenue,
said point being on a circular curve whose center is
South 43° 33' 25' West 8040 feet from said point;
thence Southeastwardly along said right of way line on
said curve having a radius of 8040 feet concave
Southwestardly, through an arc o£ 0° 52' 26" distance
of 122.6 feet to a point from which said center of
said circular curve bears South 44° 25' 49" West;
thence North 59° 23' 30" East 7.74 feet to a point on
the Easterly line of said lot, thence North 1S° 36'
06" West along said Easterly line of said lot, 103.74
feet to the 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
WItEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of ali evidence and reports offered at
said hearing, was unable to act upon Conditional Use Permit No.
2972 due to a tie vote by the Planning Commission; and
WHEREAS, thereafter, within the time prescribed by law,
said matter was referred to the City Council for decision 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 ali 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 ail 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·
5. 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.
NOW, IHE~EFORh, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 2972 be, and the same is hereby,
granted permitting a walk-up restaurant on the hereinabove
described real property, subject to the following conditions:
That the owner of subject property shall irrevocably
offer to dedicate to tile City of Anaheim a strip of
land 45 feet in width from the centerline of tile street
along Manchester Avenue for street widening purposes.
That sidewalks shall be removed and/or reconstructed
along Manchester Avenue as required by the City
Engineer and in accordance with standard plans and
specifications on file in the Office of the City
Engineer.
That sidewalks shall be installed along Thalia Street
as required by the City Engineer and in accordance with
standard plans and specifications on file in the Office
of the City Engineer.
That tile existing driveways on Manchester Avenue and
Thalia Street shall be removed and replaced with a
standard curb, gutter, sidewalk and landscaping.
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10.
11.
12.
13.
14.
That the owner of subject property shall pay to the
City of Anaheim a fee for tree planting purposes along
Manchester Avenue and Thalia Street in an amount as
determined by the City Council.
That trash storage areas shall be provided and
maintained itl 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.
That due to the change in use and/or occupancy of the
building, plans shall be submitted to the Building
Division showing compliance 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. The appropriate permits
shall be obtained for any necessary work.
That the proposal shall comply with all signing
requirements of the C6 Zone, unless a variance allowing
sign waivers is approved by the City Council, Planning
Commission or Zoning Administrator.
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 tile activity authorized
by this resolution, or within a period of one year from
the date of this resolution, whichever occurs first,
Condition Nos. 1, S, and 8, above-mentioned, shall be
complied with· Extensions for further time to complete
said conditions may be granted in accordance with Section
18.05.090 of the Anaheim Municipal Code·
That prior to the commencement of the activity authorized
by this resolution or final building and zoning
inspections whichever occurs first, Condition Nos. 2, 5,
4, 6, 7 and 10, above-mentioned, shall be complied witii.
That the hours of operation of the business shall be
limited to between the hours of 6:00 a.m. to 6:00 p.m.
daily.
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.
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BE iT FURIHER 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 lierein contained, shall be deemed
null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 2nd day of February, 1988.
MAYo oF THE CmOFANA'aEm
AT'rEST:
C1T'~ CLERIq OF THE CITY OF ANAHEIM
JLI~: j b
2272L
020488
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CiTY OF ANAHEIM )
I, LEONORA N. $0HL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 88R-48 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 2nd day of February, 1988, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Hunter, Pickler and Bay
NOES: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSF2qT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-48 on the 3rd day of February, 1988.
IN WITNESS WHEtLEOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 3rd day of February, 1988.
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. 88R-48 duly passed and adopted
by the Anaheim City Council on February 2, 1988.
CITY CLERK OF THE CITY OF ANAHEIM