88-326 RESOLUTION NO. 88R-326
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING VARIANCE NO. 3804.
WHEREAS, after a request for variance by DR. R. S.
MINNICK AND JAN W. MINNICK, 12269 Sky Lane, Los Angeles,
California 90049, owners, was received to permit a 1,978 square
foot fast food restaurant area in an existing retail center, a
public hearing before the Planning Commission of the City of
Anaheim was held upon due and proper notice, a result of which
Variance No. 3804 was granted covering the following described
property:
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, 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 public hearing
noticed and held as prescribed by law and, as a result thereof,
the City Council does hereby make the following findings:
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 a conditional zoning variance be, and the
same is hereby, granted permitting a 1,978 square foot fast foot
restaurant area in an existing retail center on the property
hereinbefore described with waivers of the following sections of
the Anaheim Municipal Code:
SECTIONS 18.06.050.022
18.06.050.0233
AND 18.44.066.050
Minimum Number of Parking
Spaces. (52 required; 28
proposed)
That said variance be granted subject to the following conditions:
1. 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 a twenty five (25) foot radius
corner return for street widening purposes.
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2. That the total square footage of the fast food
restaurant(s) shall not exceed two thousand (2,000) square feet.
3. That trash storage areas shall be provided and maintained
in a location acceptable to the Street Maintenance and Sanitation
Division and in accordance with approved plans on file with said
Division.
4. That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from view.
5. 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.
6. That the on-site landscaping shall be maintained in
compliance with City standards.
7. 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 5; provided, however, that
the maximum size of the fast food restaurant(s) shall be two
thousand (2,000) sq.ft, and the minimum number of parking spaces
shall be twenty-eight (28).
8. That prior to commencement of the activity authorized by
this resolution, 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 No. 1, 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.
9. That prior to the commencement of the activity authorized
by this resolution, or final building and zoning inspections
whichever occurs first, Condition No. 3, 4 and 7, above-mentioned,
shall be complied with.
10. 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 of the City
of Anaheim 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 condition, 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.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 23rd day of August, 1988.
MAYOR OF THI~ CIT~Y OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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CLEP~(
STAT~ OF CAJ~iFO~qiA )
COUNTY OF ORANGE ) ss.
CITY OF AN~dlEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 88R-32~ was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 23rd day of August, 1988, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
NOES: COUNCIL FLEMBERS: None
ABSENT: COUNCIL MFaMBERS: None
~D i FURTHER CERTIFY that the Mayor of the City of ~aheim signed said
Resolution No. 88R-326 on the 21st day of September, 1988.
IN WITNESS WHEREOF, i have hereunto set my hand and affixed the official seal
o~ the City of Anaheim this 21st day of September, 1988.
CITY CLERK OF THE CITY
(S/AL)
i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 88R-326 duly passed and
adopted by the Anaheim City Council on August 23, 1988.
CITY CLERK OF THE CITY OF ~NAHEIM