93-058 RESOLUTION NO. 93R-58
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 3577.
WHEREAS, the Zoning Administrator 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 to
permit a 2,550 sq.ft. cocktail lounge with on-premise sale and
consumption of alcoholic beverages with a waiver of (variance from)
the following provision of the Anaheim Municipal Code:
Sections 18.06.050.0235 - Minimum number of Darkin~ spaces.
18.06.050.022 (59 required; 28 proposed)
18.06.080
18.12.060.110
and 18.44.066.050
on certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
ALL THAT CERTAIN I~%ND SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM,
DESCRIBED AS FOLLOWS:
THE WESTERLY 220.00 FEET OF THAT PORTION OF THE
SOUTH HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 4
SOUTH, RANGE 10 WEST, AS THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SAID SECTION 12 IS
SHOWN ON A MAP FILED IN BOOK 23, PAGE 31 OF
RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 219.25 FEET SOUTH OF THE
NORTHWEST CORNER OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 12; THENCE SOUTH 117 FEET; THENCE
EAST 1320 FEET TO THE EAST LINE OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 12; THENCE NORTH 117 FEET; THENCE
WEST 1320 FEET TO THE POINT OF BEGINNING; and
WHEREAS, the City Zoning Administrator 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 Zoning Administrator, after due inspection,
investigation and studies, and after due consideration of all
evidence and reports offered at said hearing, did adopt Decision
No. 2A93-15 denying Conditional Use Permit No. 3577; 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 Zoning Administrator action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did hold and conduct such public hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports, and did consider the
same; and
WHEREAS, the City Council does find, after careful
consideration of the action of the City Zoning Administrator and
all evidence and reports offered at said public hearing before the
City Council, that all of the conditions and criteria set forth in
Section 18.03.030.030 of the Anaheim Municipal Code are not present
for the following reasons:
1. That the proposed use will adversely affect the adjoining
land uses and the growth and development of the area in which it is
proposed to be located because it is located in an area designated
as "high crime" by the Alcoholic Beverage Control Department; that
the adjacent use to the east is entirely single family residential
and the setback between subject building and the residential zoning
is about 40 feet with only a block wall and without any landscape
buffering (minimum 10 feet required by Code for similar new
construction) separating the two uses; and that said setback is a
parking lot; and
2. That the size and shape of the site for the proposed use
is not 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 because subject property
is not developed in accordance with current Zoning Code including
inadequate parking (only 50% of the required parking for subject
proposal exists) and the minimum landscaped setback between
commercial and residential uses;
3. That the traffic generated by the proposed use will
impose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area for the reasons hereafter
set forth; and
4. That the granting of this conditional use permit would be
detrimental to the peace, health, safety and general welfare of the
citizens of the City of Anaheim because subject establishment, as
it exists, has had numerous calls for police service, and that the
adjacent use is a single family residential neighborhood which has
been adversely impacted by subject use and any intensification
(such as limiting customers to over 21 years old) would further
adversely impact the nearby residences.
WHEREAS, said application requests a waiver of the
following provision(s) of the Anaheim Municipal Code:
- 2 -
Sections 18.06.050.0235 - Minimum number of parking spaces.
18.06.050.022 (59 required; 28 proposed)
18.06.080
18.12.060.110
and 18.44.066.050
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the Zoning Administrator 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 not present, and that the aforesaid waiver(s) should be
denied, for the following reasons:
1. That the parking variance will cause an increase in
traffic congestion in the immediate vicinity and adversely affect
adjoining land uses because existing use of the rear (east) parking
lot on subject property causes noise disturbances during the night
to nearby and adjacent residences; and
2. That the granting of the parking variance would be
detrimental to the peace, health, safety and general welfare of the
citizens of the City of Anaheim because the requested waiver is
very significant, amounting to only 50% of the total number of
parking spaces required by Code for subject property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
city of Anaheim that, for the reasons hereinabove stated, the
action of the Zoning Administrator denying said conditional use
permit be, and the same is hereby, affirmed and that the request of
the applicant to permit a 2,550 sq.ft. cocktail lounge with on-
premise sale and consumption of alcoholic beverages with a waiver
of certain provisions of the Anaheim Municipal Code be, and the
same is hereby, denied.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of Section
1.12.100 of the Anaheim Municipal Code and the time within which
judicial review of final decisions must be sought is governed by
the provisions of Section 1094.6 of the Code of civil Procedure and
Anaheim City Council Resolution No. 79R-524o
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 6th day of April, 1993.
ATTEST:
1268.1\J~JHITE\Apri[ 14, 1~ -- 3 -
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. 93R-58 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 6th day of April, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-58 on the
7th day of April, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 7th day of April, 1993.
,
CITY CLERK TY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 93R-58 was duly passed and adopted by the City Council of the City of Anaheim on
April 6, 1993.
CITY CLERK ANAHEIM