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86R-146 RESOLUTION NO. 86R-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2761. 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 CLYDE SCHLUND, 616 South Peralta Hills, Anaheim, California 92807, owner, and JACK BENNETT, ET AL., 1230 South West Street, Anaheim, California 92802, AND SOUTH COAST BUILDERS, 647 Camino de 10s Mares, San Clemente, California 92672, ATTENTION: BOB KRAUSE AND DANIELSON DESIGN GROUP, 31732 Rancho Viejo Road, San Juan Capistrano, California 92675, agents,upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS 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. PC86-48 granting, in partm Conditional Use Permit No. 2761; 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: ........._-'""-.:.~. ..........-..................':.. ." ....~...._... ......r~.~...:....... ....!..JaI..._.: ;.:II...............;......~~~~..............,........,p............~.......~ 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. WHEREAS, the City Council does further find with regard to the hereinafter specified proposed waiver(s) of Anaheim Municipal Code requirements, other than the proposed waiver of off-street parking requirements, as follows: 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; and 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; and ..' WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: 1. The variance 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 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 the action of the City Planning Commission granting, in part, said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2761 be, and the same is hereby, granted permitting a fast-food and dinner house complex on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: -2- SECTION 18.04.045.013 Minimum landscaped setback (20 feet adjacent to West Street required; 5 feet proposed) SECTIONS 18.06.050.0232 18.06.050.0233 18.06.080 AND 18.48.066.050 Minimum number of parking spaces. (640 spaces re- quired; 458 spaces proposed) That the requested waiver (a) is hereby granted, in part, on the basis that there are special circumstances applicable to the property such as size, shape, topography, location and surroundings which do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity; and further that the petitioner stipulated at the public hearing to provide fifteen (15) feet of landscaping between West Street and the proposed building, with no less than ten (10) feet adjacent to West Street (between the street and parking area) and no less than five (5) feet adjacent to the building. That the requested waiver (b) is hereby granted on the basis that the parking waiver will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses and granting of the parking waiver under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and further on the basis that the petitioner stipulated at the public hearing to reduce the square footage of the building so that proposed parking is provided at a ratio of 12.67 spaces per 1,000 square feet of gross floor area, as identified in the Parking Demand Study prepared by Greer and Company and dated October 22, 1985 (the ratio being similar to 490 spaces for a 37,887 square foot building). BE IT FURTHER RESOLVED that Conditional Use Permit No. 2761 is being granted 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 for new commercial buildings. 2. That as required by Section 18.04.080.020 of the Anaheim Municipal Code, the owner/developer of subject property shall either post a faithful performance bond with the City Engineer to guarantee the removal of existing street improvements and reconstruction at the ultimate location, or -3- make a cash payment to the City of Anaheim for the cost of said removal and reconstruction as provided for in said Code. 3. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 4. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 5. That subject property shall be served by underground utilities. 6. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 7. That fire sprinklers shall be installed as required by the City Fire Marshal. 8. That the owner of the leasehold interest known as Anaheim Junction Campground (Peter J. Nozero, as testified before the Planning Commission on February 19, 1986) shall submit a letter requesting termination of Conditional Use Permit No. 1317 to the Planning Department; however, that if the current owner (Peter J. Nozero) has sold or otherwise transferred said leasehold interest, satisfactory proof thereof shall be furnished to the Planning Department. 9. 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 3; provided, however, that (a) a minimum ten (10) foot wide landscaped planter shall be provided along West Street, (b) a minimum five (5) foot wide landscaped planter shall be provided five (5) foot adjacent to the west facing wall of the building, (c) parking shall be provided at a ratio of at least 12.67 spaces per one-thousand (1,000) square feet of gross floor area, and Cd) Not more than twenty-five percent (25%) of the proposed parking shall be dimensioned for small cars. 10. That prior to the commencement of the activity authorized under this resolution, or prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2 and 8, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 11. That prior to final building and zoning inspections, Condition Nos. 3, 4, 5, 7 and 9, above-mentioned, shall be complied with. -4- .". .. ....-."':........i........ ..--1.lIMlI.~._____..........----......~..w.-_... ~_.-:-:--. -______-~..... .......otI~.__~Jh.~.c.;.;~'1IIo:;r"..... . 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 the 15th d April, 1986. ATT~~ ?t ~ CITY CLERK OF THE CITY OF ANAHEIM JWF:fm 5322M 060386 -5- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-146 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 15th day of April, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Overhol t AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-146 on the 15th day of April, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of April, 1986. ~~ ~~ ~a /L CIT CLERK OF THE CITY OF ANAHEl (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-146 duly passed and adopted by the Anaheim City Council on April 15, 1986. ~~ /(~ CITY CLERK ----