90-031 RESOLUTION NO. 90R-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3219.
WHEREAS, the City Planning Commission of tile City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
from IMPERIAL PROPERTIES, 4188 Pullman Avenue, Costa Mesa, CA
92626, owner, and RICHARD ORNSTEIN, C/O COLDWELL BANKER RESIDENTIAL
REAL ESTATE, 2475 N. Tustin Avenue, Orange, CA 92665, agent to
permit a gourmet take-out restaurant with outdoor seating and
on-premises sale and consumption of beer and wine, upon certain
real property located within the City of Anaheim, County of Orange,
State of California, legally described as:
PARCEL 1:
THAT PORTION OF LOT 3 OF THE DOMINGUEZ ESTATE, AS
SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF
SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE CENTERLINE OF
PLACENTIA-YORBA ROAD, AS SHOWN ON PLANS ENTITLED "PLAN
AND PROFILE OF PLACENTIA-YORBA ROAD" ON FILE IN THE
OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY. DISTANT
THEREON NORTH 0 DEGREES 28' 36" EAST 384.41 PEET FROM
ITS INTERSECTION WITH THE CENTERLINE OF SANTA ANA
CANYON ROAD, 60.00 FEET WIDE, AS SHOWN ON A MAP ON
FILE IN SAID OFFICE OF THE COUNTY SURVEYOR; THENCE
SOUTH 83 DEGREES 46' 57" EAST 230.68 FEET TO THE WEST
LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED
TO THE STATE OF CALIFORNIA, RECORDED JANUARY 23, 1953
IN BOOK 2441, PAGE 84 OF OFFICIAL RECORDS IN SAID
OFFICE; THENCE NORTH 65 DEGREES 02' 06" EAST 202.??
FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 86
DEGREES 25' 2S" EAST 160.31 FEET; THENCE NORTH 71
DEGREES 12' 00" EAST 116.09 FEET TO THE SOUTHERLY
CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN
DEED (STATE PARCEL C2577) RECORDED FEBRUARY 2?, 1969
IN BOOK 8885, PAGE 57? OF OFFICIAL RECORDS IN SAID
OFFICE; THENCE, ALONG THE EASTERLY LINE OF SAID LOT 3,
SOUTH 0 DEGREES 32' 18" WEST 609.26 FEET TO A POINT IN
THE NORTHERLY LINE OF THE SANTA ANA VALLEY IRRIGATION
COMPANY CANAL RIGHT-OF-WAY, THE CENTERLINE OF WHICH IS
SHOWN ON MAP FILED IN BOOK 4, PAGES 44 to 50 INCLUSIVE
OF RECORD OF SURVEYS IN SAID OFFICE, SAID POINT BEING
ON A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF
GRANTING CUP #3219
818.20 FEET: THENCE, FROM TANGENT BEARING SOUTH 84 DEGREES
20' 31" WEST, WESTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF
22 DEGREES 40' 42", AN ARC DISTANCE OF 323.85 FEET TO THE
SOUTHERLY TERMINUS OF THE EASTERLY LINE SHOWN AS "SOUTH 1
DEGREE 50' 03" WEST, 257.80 FEET" IN PARCEL 2 OF THAT PORTION
OF IMPERIAL HIGHWAY RELINQUISHED TO THE CITY OF ANAHEIM
(REL-20) BY RESOLUTION OF THE CALIFORNIA HIGHWAY COMMISSION,
A CERTIFIED COPY OF WHICH RESOLUTION IS RECORDED IN BOOK
10969, PAGE 47 OF SAID OFFICIAL RECORDS, AND AS SHOWN ON MAP
RECORDED MAY 23, 1973 IN BOOK 9, PAGE 9 OF STATE HIGHWAY MAPS
IN SAID OFFICE; THENCE, ALONG SAID EASTERLY LINE OF IMPERIAL
HIGHWAY, NORTH 1 DEGREE 50' 03" EAST 257.80 FEET; THENCE
NORTH 9 DEGREES 56' 32" EAST 276.46 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 2:
ALL THAT CERTAIN REAL PROPERTY BEING THAT PORTION OF THE
SANTA ANA VALLEY IRRIGATION COMPANY CANAL CONVEYED TO THE
SANTA ANA VALLEY IRRIGATION COMPANY BY DEED RECORDED JULY 18,
1934 IN BOOK 685, PAGE 255 OF OFFICIAL RECORDS, RECORDS OF
SAID COUNTY, LYING WITHIN THE LIMITS OF THE SOUTHERLY
PROLONGATION OF THE SIDE LINES OF LOT 3 OF "DOMINGUEZ
ESTATE", AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD
OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
EXCEPTING THEREFROM, THAT PORTION LYING WESTERLY OF THE
EASTERLY LINE, AND THE SOUTHERLY PROLONGATION OF SAID
EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE
OF CALIFORNIA, RECORDED JANUARY 23, 1953 IN BOOK 2441, PAGE
84 OF OFFICIAL RECORDS, 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. PC89-307 granting
Conditional Use Permit No. 3219; 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
-2~ GRANTING CUP #3219
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.
5. 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,
Conditional Use Permit No. 5219 be, and the same is hereby,
granted permitting a gourmet take-out restaurant with outdoor
seating and on-premises sale and consumption of beer and wine, on
the hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
SECTIONS 18.06.050.0211 Minimum number of parking
s~ces .
18.06.050.0212 (}1~ required; 850 existing)
18.06.050.022
18.06.050.0221
18.06.050.0251
18.06.050.0255
and 18.44.066.050
-3- GRANTING CUP #5219
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 established by City Council
resolution for the exterior patio dining area.
2. That no alcoholic beverages, except beer and wine, shall be
sold or consumed on the premises of the subject restaurant.
That the beer and wine sales authorized by this resolution
shall occur only in conjunction with the sale of food items.
4. That trash storage areas shall be provided and maintained in
a location acceptable to the Street Maintenance and
Sanitation Division and in accordance with approved plans on
file with said Division. Such information shall be
specifically shown on the plans submitted for building
permits.
That plans shall be submitted to the Building Division
showing compliance with the minimum standards of the City of
Anaheim, including the Uniform Building, Plumbing,
Electrical, Mechanical and Fire Codes as adopted by the City
of Anaheim. Appropriate permits shall be obtained for any
necessary work.
That the proposal shall comply with all signing requirements
of the CL(SC) "Commercial, Limited - Scenic Corridor Overlay"
Zone, unless a variance allowing sign waivers is approved by
the City Council, Planning Commission or Zoning Administrator.
7. That lighting of signage for subject property shall be
prohibited between the hours of midnight and 6:30 a.m. as
specified by Code Section 18.05.091.052 unless a variance is
applied for and granted.
8. That any proposed roof-mounted equipment shall conform to the
specifications of Code Section 18.84.062.032 and shall be
specifically shown on the plans submitted for building
permits.
9. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the
City of Anaheim by the petitioner and which plans are on file
with the Planning Department marked Exhibit Nos. 1 through 3.
10. That prior to commencement of the activity authorized by this
resolution, or prior to issuance of a building permit, or
within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 4, 5
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.
-4~ GRANTING CUP #3219
11. That prior to the commencement of the activity authorized by
this resolution or prior to final building and zoning
inspections, whichever occurs first, Condition No. 9,
above-mentioned, shall be complied with.
12. That approval of this application constitutes approval of the
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable City,
~I~' State and Federal 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 16th day of January, 1990.
ATTEST:
CITY CLOTHE C OF ANAHEIM
JLW:db
3475L
~.~ 011890
-5- GRANTING CUP #3219
CLE~
STATE OF CALIFO~IA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certi~ that
the foregoing Resolution No. 90R-31 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 16th day of January, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaycod, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I ~RTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-31 on the 24th day of January, 1990..
IN WITNESS ~EREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 24th day of January, 1990.
CITY CLERK OF THE CIT
(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-31, duly passed and
adopted by the Anaheim City Council on January 16, 1990.
CITY CLERK OF THE CITY OF ANAHEIM