Loading...
84R-443 _. ! - , RESOLUTION NO. 84R-443 A RESOLUTlPN OF THE CITY COUNCIL OF THE CITY OF ANAHEIM' GRANTING CONDITIONAL USE PERMIT NO. 2608. ~. WHEREAS, tp~ City P~anning Commission of the City of Anaheim did receive a~ application for a conditional use permit with a waiver of cert~in provisions of the Anaheim Municipal Code from A. G. RICHTER app DORIS K. RICHTER, owners, and AMANDO and JUANITA SANCHES, agetl'ts, to permit on-premises sale and consumption of alcoholic beverage!s in restaurant and cocktail lounge upon certain real propert~ located within the City of Anaheim, County of Orange, State of California, legally described as: THE WEST 11 AC~S OF THE SOUTH HALF, OF THE SOUTH HALF OF THE SOUTHWES~ QUARTER OF SECTION 1, TOWNSHIP 4 SOUTH, RANGE 101 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MISCEL~OUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE SOUTHERLY 200.00 FEET OF THE WESTERLY 200.00 FEET; ann WHEREAS, t~e City Planning Commission did hold a public hearing upon said a~lication at the City Hall in the City of Anaheim, notices of Which public hearing were duly given as required by law andt'he provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and s~~dies made by itself and in its behalf and after due considera~~on of all evidence and reports offered at said hearing, did a~pt its Resolution No. PC84-l74 granting Conditional Use Permit No. 2608; and WHEREAS, ~hereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review o~ said Planning Commission action at a duly noticed public hearing; and .~ WHEREAS, at the time and place fixed for said public hearing, the City Co~ncil did duly hold and conduct such hearing and did give all pe(sons interested therein an opportunity to be heard and did receive evidence and reports; and " 1 _. -.., WHEREAS, the City Council finds, after careful consi- deration of the reco~endations 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 th~ 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 traffip generated by the proposed use will not impose an undue burdbn upon the streets and highways designed and improved to carry the traffic in the area. 5. The grantipg 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 e~idence and reports offered at said public hearing before the C~ty Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anab~im Municipal Code are present and that said wai ver (s) should be '~Jiranted, for the following reasons: 1. The variance(s) will not cause an increase in traffic congestion in the imJQediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance(s) 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, for the reasons hereinabove stated, the action of the City PJ.anning Cbmmission granting said conditiona1 use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2608 be, and the same is hereby, granted permitting on-premise sale and consumption of alcoholic beverages, a restaurant and cocktail lounge on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS l8.06.050.023l-Minimum number of arkin AND l8.44.~66.050 spaces. 598 spaces required; ~ spaces existing) ,.......... t""""\ subject to the fOllowing conditions: 1. That all on-site trash storage areas shall be reconstructed in accordance with apprqved plans on file with the Street Maintenance and iSanitation Division. ,."......,..... 2. That the propoa~l shall comply with all signing requirements of the CL Zone, iunless a variance allowing sign waivers is approved by the Planning Commission or City Council. 3. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 2339 to the Planning Department. 4. That subject prAPerty shall be developed substantially in accordance wit~plans and specifications, on file with the City of Anaheim marked E~hibit Nos. 1 th~ough3. 5. That prior to the commencment of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition No.3, above-mentioned, shall be complied with. Extensions for further timf:!i to comp;Lete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 6. That prior to the commencement of the activity authorized under this resolution, or final building and zoning inspections, wh~chever occurs first, Condition Nos. 1 and 4, above-mentiorled, shall b~ complied with. 7. That any entertainment provided on the premises shall require an entertainment permit from the City and shall be limited to live music and customer dancing only; no dancing by entertainers or other performers shall be permitted. BE IT FURTSER RESOLVED that the City Council does hereby find and determine taat 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. ,.-... ~HE FOREGOImG RESOLUTION is approved and adopted by the City Council of the City of Anaheim this h day of Oc er, 1984. ,4. AT~CL ~S'~ CITY CLERK OF THE CI~ OF ANAHEIM 1695U 10/31/84 ..- - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clt~k of the City of Anaheim, do hereby certify that the foregoing Resolution No, I 84R-443 was introduced and adopted at a regular meeting provided by law, of:~he City Cpunc1l of the City of Anaheim held on the 16th day of October, 19+4, by the following vote of the members thereof: .~ I Bay, Pickler and Roth AYES: COUNCIL MEMBERS. Kaywood, NOES: COUNCIL MEMBERS, None ABSENT: COUNCIL MEMBERS: Overholt AND I FURTHER certify that t4e Mayor of the City of Anaheim signed said Resolution No. 84R-4J3 on tij~ 16th day of October, 1984. ' , IN WI~ESS WHEREOF, I. have 4~reunto set .y hand and affixed the seal of the City of Anaheim this 16th d~~ of Octob.r, 1984. '/L S--~ ~AHEIM (SEAL) I, LEQNOU N.SOHL, City Clejrk of the City of Anaheim, do hereby certify that the fcegoing is the origi~ of Resol~t1oD. No. 84R-4.3 duly ~s~ed and adopted by the Anaheim City Council on October 16, 1984. 1dZ~~ ~S;~ CITY CLERK ~, r'" "