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86R-363 RESOLUTION NO. 86R-363 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 2784. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ADA I. HIGDON, WELLS FARGO BANK NA TRUSTEE, 9600 Santa Monica Boulevard, Beverly Hills, California 90210, owner, and ANGELO'S, DENNIS WILLIAMS, PRESIDENT, 221 North Beach Boulevard, Anaheim, California 92801, agent with waivers of the hereinafter specified provisions of the Anaheim Municipal Code on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE NORTH HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, EXCEPTING THEREFROM THE FOLLOWING: (A) THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, INCLUDED WITHIN A STRIP OF LAND 110 FEET WIDE LYING 55 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 11 (THE WEST LINE OF SECTION 13 OF SAID TOWNSHIP AND RANGE BEARS SOUTH 00 09' SO" EAST, FROM SAID SOUTHEAST CORNER); THENCE ALONG THE EAST LINE OF SAID SECTION 11; (SAID EAST LINE BEING ALSO THE CENTER LINE OF STANTON AVENUE, 60 FEET WIDE, AS DECLARED BY ACTION OF THE BOARD OF SUPERVISORS OF SAID COUNTY), NORTH 00 11' 10" WEST, A DISTANCE OF 612.23 FEET; THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY, TANGENT TO THE LAST DESCRIBED COURSE AND HAVING A RADIUS OF 2527.00 FEET, THROUGH AN ANGLE OF 190 58' SO", AN ARC DISTANCE OF 881.23 FEET. (B) THAT PORTION OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 11 LYING EASTERLY OF THE EASTERLY LINE OF THE ABOVE DESCRIBED 110-FOOT STRIP OF LAND; 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. PC86-l48 denying Conditional Use Permit No. 2784; 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 hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the City Council does 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, that all of the conditions and criteria set forth in Section 18.03.030.030 of the Anaheim Municipal Code are not present for the following reasons: 1. That the proposed use will adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 2. That the size and shape of the site proposed for the use is not 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. 3. That the traffic generated by the proposed use will impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 4. That the granting of the conditional use permit would be detrimental to the peace, health, safety, and general welfare of the citizens of the City of Anaheim. WHEREAS, said application requests waivers of the following provisions of the Anaheim Municipal Code: SECTIONS 18.06.070.020, - Minimum distance of a drive-through 18.06.080 AND lane. 18.44.066 WHEREAS, the City Council does find, after careful consideration of the action of the Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waivers, that all of the conditions of Section 18.03.040.030 of the Anaheim Municipal Code are not present, and that said waivers should be denied, for the following reasons: 1. That there are no 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- '~''-''^".,. .'-'"._'._""""_._.~----._~- "...........-"<-...... "-~""',,,,"",." __......,._...,_.......",.-c-._._.__.... _.. 2. That strict application of the zoning code does not deprive 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 the action of the City Planning Commission denying said conditional use permit be, and the same is hereby, confirmed for the reasons hereinabove specified, and that the request to permit a drive-in and drive-through restaurant with on-sale beer and wine and an outdoor eating area on the hereinabove described real property with waivers of the aforesaid provisions of the Anaheim Municipal Code be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which rehearings must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by the provisions of Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim t,is 5th day of August, 1986. MAtOR OF~((~ ATTEST: /) /r CI~F THE~ANAHEIM JWF :pm S067U -3- ....."'-_.,.,...~.,,~._-~._~-_.",.._.._~. "...^....-.,,_.,~."'...'_"~_e"'....__"*_.' ,',' _ "...=....~'"'""',,,"'_........,.,..,~'.,____~." 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. 86R-363 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 5th day of August, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-363 on the 5th day of August, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of August, 1986. ~~.?l ~ 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. 86R-363 duly passed and adopted by the Anaheim City Council on August 5, 1986. ~~7t~ CITY CLERK