86R-436
RESOLUTION NO. 86R-436
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2823.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from LEO AND ALICE WALDMAN, 813 Royal Way, Anaheim, California
92805, owners, and TIM LEE, 830 North Batavia Street, Orange,
California 92668, agent~upon certain real property located within
the City of Anaheim, County of Orange, State of California,
legally described as:
PARCEL 1:
LOT 31 OF TRACT NO. 403, AS SHOWN ON A MAP RECORDED IN
BOOK 16, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE NORTH 36 FEET THEREOF, AS
CONVEYED TO THE STATE OF CALIFORNIA.
PARCEL 2:
LOT 32 OF TRACT 403, AS SHOWN ON A MAP RECORDED IN
BOOK 16, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE NORTH 36 FEET AS CONVEYED TO
THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 7,
1955; 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-l98 denying
Conditional Use Permit No. 2823; 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.
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 denying said conditional
use permit be, and the same is hereby, reversed and that
Conditional Use Permit No. 2823 be, and the same is hereby,
granted permitting an addition to an existing restaurant on the
hereinabove described real property, subject to the following
conditions:
1. That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid to the
City of Anaheim in an amount as determined by the City Council.
2. That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land ten (10)
feet in width from the centerline of the alley for street
widening purposes.
3. That all driveways shall be constructed or
reconstructed to accommodate ten (10) foot radius curb returns as
required by the City Traffic Engineer.
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 4.
-2-
5. That a covenant be recorded against the property in the
event the use is discontinued as a walk-up restaurant, that the
nonconforming nature of the structure in the setback area would
be removed at that time.
6. That prior to the introduction of an ordinance rezoning
subject property, Condition No.2, above-mentioned, shall be
completed. The provisions or rights granted by this resolution
shall become null and void by action of the Planning Commission
unless said conditions are complied with within one (1) year from
the date of this resolution, or such further time as the Planning
Commission may grant.
7. That prior to final building and zoning inspections,
Condition Nos. 3 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 30th day of September,
1986.
:k~
MAY F T ~Y ~F ANAHEIM
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
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010887
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(SEAL)
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SORL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-436 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 30th day of September, 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
fu~D I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-436 on the 30th day of September, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 30th day of September, 1986.
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
f, LEONORA N. SORL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 86R-436 duly passed and
adopted by the Anaheim City Council on September 30, 1986.
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CITY CLERK OF THE CITY OF ANAHEIM