Loading...
90-197 RESOLUTION NO. 90R-197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3269. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit expansion of a public dance hall with on-premise sale and consumption of alcoholic beverages in an existing restaurant upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: THE NORTH 60 FEET OF THE SOUTH 120 FEET OF THE NORTH 264 FEET OF THE EAST 10 ACRES OF THE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN TRACT 2928, AS SHOWN ON A MAP RECORDED IN BOOK 95, PAGES 13, 14 AND 15 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY. PARCEL 3: THE SOUTH 60 FEET OF THE NORTH 264 FEET OF THE EAST 10 ACRES OF THE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN TRACT 2928, AS SHOWN ON A MAP RECORDED IN BOOK 95, PAGES 13, 14, AND 1S OF MISCELLANEOUS MAPS, RECORDS 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. PC90-97 denying Conditional Use Permit No. 3269; and CUP 3269 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, Conditional Use No. 3269 be, and the same is hereby, granted permitting expansion of a public dance hall with on-premise sale and consumption of alcoholic beverages in an existing restaurant on the hereinabove described real property, subject to the following conditions: 1. That damaged and/or hazardous sidewalks shall be removed and/or reconstructed along Brookhurst Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. All asphalt concrete shall be replaced with portland concrete cement. 2. That the rear (west-facing) doors shall remain closed at all times during the business hours for dancing. 3. That the on-site landscaping shall be refurbished and maintained in compliance with City standards. -2- CUP 3269 4. That trash storage areas shall be refurbished to the satisfaction of the Street Maintenance and Sanitation Division to comply with approved plans on file with said Division. S. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view, and the sound buffered from adjacent residential properties. 6. That the proposal shall comply with all signing requirements of the CL "Commercial, Limited" Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. In addition, any freestanding sign on subject property (whether existing or proposed) shall be monument-type not exceeding four (4) feet in height, and shall be subject to the review and approval of the City Traffic Engineer. 7. That a six (6)-£oot high masonry block wall shall be maintained along the west property line. 8. That the parking lot shall be kept clean with the trash being picked up regularly, especially after dancing activities. 9. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 3044 to the Zoning Division. 10. That a lot line adjustment plat shall be submitted to the Subdivision Section and approved by the City Engineer and then recorded in the Office of the Orange County Recorder to combine the two (2) existing lots such that any new building lies completely within one parcel. 11. That the legal owner(s) of subject property shall execute and record an unsubordinated covenant in a form approved by the City Attorney's Office wherein such owner(s) agree not to contest the formation of an assessment district(s) which may hereafter be formed, for the purposes of financing the undergrounding of utilities which district(s) could include such legal property owner's property. 12. That the alcohol sales authorized by this resolution shall only occur in conjunction with the sale of prepared food items. 13. That the parking adjacent to Brookhurst Street shall be screened from view in conformance with Code Section 18.44.064.010. -3- CUP 3269 14. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1 and Revision No. 1 of Exhibit No. 2. That prior to commencement of the activity authorized by this resolution, or within a period of sixty (60) days from the date of this resolution, whichever occurs first, Conditions Nos. 1, 5, 4, 5, 6, 9, 10, 11, 15 and 14, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.05.090 of the Anaheim Municipal Code. 16. That approval of this application constitutes approval of the proposed request only to the exten that it complies with the Anaheim Municipal Zoning Code and any other applicable City regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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 12th day of June, 1990. ATTEST: CI~ OF THE~'~Y OF ANAHEIM JLW:kh 3739L 061390 -4- CUP 5269 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. 90R-197 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 12th day of June, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Daly, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-197 on the 13th day of June, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of June, 1990. ~~{~'- CiTY'OF~iM ( SEAL ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-197, duly passed and adopted by the Anaheim City Council on June 12, 1990. CITY CLERK OF THE CITY OF ANAHEIM