87-348RESOLUTION NO. 87R-348
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2899.
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 ERNEST MARRUSO, P.O. Box 9758, Glendale, CA 91206, owner,
and FOODMAKER, INC., 9040 Telstar, E1 Monte, CA 91731, agent,
upon certain real property located within the City of Anaheim,
County of Orange, State of California, legally described as:
PARCEL 1 AS SHOWN ON PARCEL MAP NO. 80-238 RECORDED IN
BOOK 145, PAGES 37 TO 38, INCLUSIVE OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORBER OF ORANGE COUNTY,
STATE OF CALIFORNIA; 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. PC87-124 granting
Conditional Use Permit No. 2899; 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 ail 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 ali 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
adjoining 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.
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
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
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.
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.
NON, 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 granting said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 2899 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 18.06.050.0233, -
18.06.080,
18.45.066.050
AND 18.46.066.050
Minimum number of parking
spaces. (55 spaces re-
quired; 27 spaces pro-
posed)
subject to the following conditions:
1. That the driveway shall be reconstructed to accommodate
ten (10) foot radius curb returns as required by the City Traffic
Engineer.
2. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation ~ivision.
3. That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from view.
4. That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit No. 2135 to the
Planning Division.
5. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 1 and 2 permitting a
"Jack-in-the-Box" drive-through restaurant with 27 on-site parking
spaces.
6. That Condition Nos. 1, 2, 3, 4 and 5, above-mentioned,
shall be completed within a period of 90 days from the date of
this resolution.
7. That the use is granted for a period of five (5) years,
to expire on August 11, 1992.
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 ail 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 th'~s llth d~f August, 1987.
MAYOR OF THE CITY O~F~F NAHEIM
ATTEST: ~.
CITY CLERK OFTHE CITY OF ANAHEIM
BG:fm
090887
-3-
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. 87R-348 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the ilth day of August, 1987, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Ehrle, Hunter, Pickier, Kaywood and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 87R-348 on the llth day of August, 1987.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this llth day of August, 1987.
CITY CLERK OF THE CITY OF ANAHEII~
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 87R-348 duly passed and
adopted by the Anaheim City Council on August 11, 1987.
CITY CLERK OF THE CITY OF ANAHEIM