87-474
RESOLUTION NO. 87R-474
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2897.
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 FAYE SPENCER BANNISTER, ET. AL, 700 Grandview, Fullerton, CA
92632, owner and GEORGE GEORGAKOPOULOS, 16040 Leffingwell, #46,
Whittier, CA 92605, agent upon certain real property located
within the City of Anaheim, County of Orange, State of California,
legally described as:
BEGINNING AT A POINT SO. 00 13' 30" E. 1050.29 FEET
FROM AN IRON PIN MARKING THE NORTHWEST CORNER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
23, T4S, RlOW, RANCHO SAN JUAN CAJON DE SANTA ANA AS
SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 7 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, STATE OF
CALIFORNIA, SAID IRON PIN BEING SHOWN ON PLANS OF
CALIFORNIA STATE HIGHWAY DIVISION VIII, ORANGE, ROUTE
2, SECTION D, SHEET 20, IN STATE HIGHWAY MAP, BOOK NO.
1, SAID POINT OF BEGINNING BEING ON THE WESTERN
BOUNDARY LINE OF SAID SECTION 23; THENCE, SO. 00 13'
30" E. TO A POINT ALONG SAID WESTERN BOUNDARY OF
SECTION 23, 230.00 FEET (230.00 FEET TO A POINT SAID).
THENCE SO. 00 13' 30" E. A DISTANCE OF 230.00 FEET
TO A POINT ON THE WESTERN BOUNDARY OF SECTION 23, SAID
POINT BEING ALSO NO. 00 13' 30" W. 121.9 FEET FROM
THE INTERSECTION OF THE WESTERN BOUNDARY OF SECTION 23
AND THE CENTER LINE OF CERRITOS AVE., THENCE NO 890
56' 45" E. TO A POINT ON THE WESTERN RIGHT OF WAY LINE
OF CALIFORNIA STATE HIGHWAY KNOWN AS ANAHEIM BLVD.;
THENCE NO. 60 58' 15" W. ALONG SAID WESTERN RIGHT OF
WAY TO A POINT ON SAID WESTERN RIGHT OF WAY WHICH
POINT IS ALSO NO. 890 56' 45" E. 81.66 FEET FROM THE
POINT OF BEGINNING; THENCE SO. 890 56' 45" W. 81.66
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
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. PC87-205 granting
Conditional Use Permit No. 2897; and
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use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 2897 be, and the same is hereby,
granted permitting a drive-through lane and outdoor patio for an
existing restaurant on the hereinabove described real property
with a waiver of the following provisions of the Anaheim
Municipal Code:
(A)
SECTION 18.06.070.020
Minimum drive-through lane
dimension (60 feet between
start of lane and ordering
device, and 100 feet between
ordering device and service
window required; 9S feet and
80feet respectively existing).
(B)
SECTION 18.21.064
Permitted encroachment into
required front, side and rear
yard areas (Outdoor patio area
and parking spaces not
permitted; outdoor patio area
and parking spaces existing).
subject to the following conditions:
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1.
That the owner of subject property shall pay to the
City of Anaheim a fee for tree planting purposes along
Anaheim Blvd. in an amount as determined by the City
Council.
2 .
That the most northerly driveway shall be constructed
to accommodate ten (10) foot radius curb returns as
required by the City Traffic Engineer.
That four (4) parking spaces in the rows of parking
marked Spaces Nos. 5 through 24 on Exhibit No.1 shall
be relocated elsewhere on-site to the satisfaction of
City Traffic Engineer, in order to provide on-site
traffic circulation between parking aisles.
3.
4 .
That trash storage areas shall be provided and
maintained in accordance with approved plans on file
with the Street Maintenance and Sanitation Division.
5 .
That subject property shall be developed substantially
in accordance with plans and specifications on file
with the City of Anaheim marked Exhibit No.1.
6.
That all of the above-mentioned conditions, shall be
completed within a period of ninety (90) days from the
date of this resolution.
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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
adjoining 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.
S. 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 all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
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.
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.
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
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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 10th day of
November, 1987.
F ANAHEIM
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CITY CLERK OF THE CITY OF ANAHEIM
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2135L/120l87
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CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
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ss.
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 87R-474 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 10th day of November, 1987, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Kaywood, Pickler and Bay
I~OES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hunter
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-474 on the 10th day of November, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 10th day of November, 1987.
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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. 87R-474 duly passed and
adopted by the Anaheim City Council on November 10,1987.
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