Loading...
86R-366A . /;' " r i' ' C/., _ A" t ;i'1. RESOLUTION NO. 86R-366-A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2814. 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 D AND D DEVELOPMENT COMPANY, 711 East Imperial Highway, Brea, California 92621, ATTN: CAMILLE COURTNEY, owner, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 169, PAGE 26 OF PARCEL 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 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-l78 granting Conditional Use Permit No. 2814; 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, 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 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 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. 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. 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 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. The variance(s) 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(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 Planning Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2814 be, and the same is hereby, granted permitting on-sale alcoholic beverages in an existing hotel clubhouse on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.48.066.050, 18.06.050.0241 AND 18.06.080 - Minimum number of parking spaces. (91 spaces required; 77 spaces [85%] existing) subject to the following conditions: I. That all driveways shall be constructed or reconstructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 2. That the provision of alcoholic beverages is intended to be restricted to a com limentar service to uests of the motel/hotel only; an , t at t ere e a solutely no out oor advertising the sale/or the provision of alcoholic beverages, complimentary or otherwise, to the general public. 3. That the submitted parking study, supporting the requested parking waiver, be approved for one-year. That after one year the petitioner shall request an extension of time in writing and that upon a finding that the existing parking continues to be sufficient to serve the proposed use, no other requests for extension of time will be necessary. -2- 4. 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 9. 5. That prior to commencement of the activity herein approved or prior to final building and zoning inspections, whichever occurs first, Condition Nos. I and 4, above-mentioned, shall be complied with. 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 5th ay of August, 1986. MA ATTEST: /). '/l~ Cl~THE CITY OF ANAHEIM JWF :pm 5079U -3- _., ""-,~-'--' ....-~._....-~..". ..~-" ''-~''''''''''''''-''' "',._""".~.,.,.~._~O"""'~~"""_"""_""""~'~,^,,,,,".....,.,;"''"'''''_'.'.~'*'''''''''''",~__=-_._,_,O''''_'--='_'''