86R-249
RESOLUTION NO. 86R-249
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2760.
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 HAVADJIA HOLDINGS, INC., 4320 West 171 Street, Lawndale,
California 90260, owner, and ROBERT G. JENKINS, 23041 Mill Creek,
Laguna Hills, California 92665, agent, upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
THE NORTH ISO FEET OF THE EAST 189.79 FEET OF LOT 18
IN BLOCK 36 OF THE YORBA LINDA TRACT, AS SHOWN ON A
MAP RECORDED IN BOOK S, PAGES 17 AND 18 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE EAST 39.79 FEET THEREOF; 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. PC86-60 granting in
part Conditional Use Permit No. 2760; 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.
S. 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 grantingng said
conditional use permit be, and the same is hereby, sustained and
that Conditional Use Permit No. 2760 be, and the same is hereby,
granted permitting a drive-through restaurant on the hereinabove
described real property with a waiver of the following provisions
of the Anaheim Municipal Code:
SECTIONS 18.06.040.031, Maximum number of small
18.06.080 car spaces
AND 18.61.066.050
SECTIONS 18.06.050.0233, - Minimum number of park-
18.06.080 ing spaces. (35 parking
AND 18.61.066.050 spaces required; 24
spaces proposed)
SECTIONS 18.06.070.020, Minimum length of a drive-
18.06.080 through lane
AND 18.61.066.020
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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 sidewalks shall be installed along La Palma Avenue
and Richfield Road as required by the City Engineer and in
accordance with standard plans and specifications on file in the
Office of the City Engineer.
3. That the driveway 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 trash storage areas shall be provided and maintained
in accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
7. That street lighting facilities along La Palma Avenue and
Richfield Road shall be installed as required by the Utilities
General Manager in accordance with specifications on file in the
Office of Utilities General Manager, and that security in the form
of a bond, certificate of deposit, letter of credit, or cash, in
an amount and form satisfactory to the City of Anaheim, shall be
posted with the City to guarantee the satisfactory completion of
the above-mentioned improvements. Said security shall be posted
with the City of Anaheim prior to issuance of building permits.
The above-required improvements shall be installed prior to
occupancy.
8. That prior to issuance of a building permit, the owner of
subject property shall pay the appropriate drainage assessment
fees to the City of Anaheim in an amount as determined by the City
Engineer.
9. That prior to the issuance of a building permit the
property owner shall pay the appropriate fee for financing and
construction of the Foothill/Eastern Transportation Corridor
pursuant to the Major Thoroughfare and Bridge Fee Program, adopted
by City Council on September 24, 1985.
10. That the owner of subject property shall dedicate to the
City of Anaheim a strip of land 53 feet in width from the
centerline of the street along La Palma Avenue and 32 feet in
width from the centerline of the street along Richfield Road for
street widening purposes.
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11. 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.
12. That the proposal shall comply with all signing
requirements of the ML Zone, unless a variance allowing sign
waivers is approved by the Planning Commission or City Council.
13. That the approved use is limited to an enclosed sit-down
restaurant and shall not in any way be converted to a
drive-through restaurant unless a conditional use permit is
approved by the Planning Commission or City Council~
14. That this Conditional Use Permit is granted subject to
the adoption of the Zoning Ordinance in connection with
Reclassification No. 65-66-24, now pending.
15. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Revision No. 2 of Exhibit No. 1 and Exhibit Nos. 2
and 3; provided, however, that the approved use is limited to an
enclosed sit-down restaurant without any drive-through facilities.
16. That 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, 7, 8, 9, 10 and 14,
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.
17. That prior to final building and zoning inspections,
Condition Nos. 2, 3, 4, 5, 6, 7 and 15, 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 is 3rd day of June, 1986.
MAYO
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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-249 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 3rd day of June, 1986, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: !Caywood, 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-249 on the 3rd day of June, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 3rd day of June, 1986.
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LE~NORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 86R-249 duly passed and
adopted by the Anaheim City Council on June 3, 1986.
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CITY CLERK
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