88-427RESOLUTION NO. 88R-427
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3079.
WHEREAS, the City Planning Commission of the City of
Anaheila did receive an application for a conditional use permit
from Dr. R. S. Minnick and Jan W. Minnick, 12264 Sky Lane, Los
Angeles, CA 90049, owner, to permit on-premise sale and
consumption of beer and wine in a 920-square foot fast food
restaurant upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
THE WEST 188.71 FEET OF THE NORTH 188.00 FEET OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO SAN JUAN CAJON DE SANTA ANA PARTLY IN
THE CITY OF ANAHEIM, PARTLY IN THE CITY OF
FULLERTON, ALL IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE
10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City ttall 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. PC88-304 granting
Conditional Use Permit No. 3079; 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, tile City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission
and ali 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 all 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.
NON, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 5079 be, and the same is hereby,
granted permitting on-premise sale and consumption of beer and
wine in a 920-square foot fast food restaurant on the hereinabove
described real property, subject to the following conditions:
That the legal owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land
sixty (60) feet in width from the centerline of the street
along Orangethorpe Avenue including twenty five (25) foot
radius corner return for street widening purposes·
That the existing structure shall comply with the minimum
standards of the City of Anaheim, including the Uniform
Building, Plumbing, Electrical, Mechanical and Fire Codes as
adopted by tile City of Anaheim.
That the proposal shall comply with all 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 no alcoholic beverages, except beer and wine, shall be
sold or consumed on the premises of the subject restaurant.
That the on-site landscaping shall be maintained in
compliance with City standards.
That subject property shall be developed substantially in
accordance with plans and specifications on file with the
City of Anaheim marked Exhibit Nos. 1 through 3.
That prior to commencement of the activity herein approved,
or 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 and 2,
above-mentioned, shall be complied with. Extensions for
-2-
further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
8. That prior to final building and zoning inspections,
Condition No. 6, above-mentioned, shall be complied with.
9 o
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
ail 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.
City
1988.
THE FOREGOING RESOLUTION is approved and adopted by the
Council of the City of Anaheim this 13th day of Becember,
ATTEST:
CITY CLERK OF THE CITY-OF ANAHEIM
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2858L
121588
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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. 88R-427 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 13th day of December, 1988, by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter
COUNCIL MEMBERS: Pickler
COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 88R-427 on the 3rd day of January, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 3rd day of January, 1989.
CITY CLERK OF THE CITY OF ANAHEIMx
(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-427 duly passed and
adopted by the Anaheim City Council on December 13, 1988.
~ITY CLERK OF I IM