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64-162RESOLUTION NO. 64R- 162 _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 533 . ,, , . WHERF~.S, the City Planning Commissi. on. of the City o.f Anaheim d~d recezve an application for a Cond~tzonal Use Permit from JOSEPH J. GUZAK, et al., 823 North H~rbor Boulevard, Fu!ierton, Califoz'nia to construct a drive-in, walk-up restaurant and to . "~ ~'~ ~ ._K~_ng area requirement on the pe~m~_~ a waiver of the pa~= · fo~i~owzn~ o' described property situated in the City of Anaheim, ooun~-y of ~range~ otato cz Caii~ ~ ~ ~ ~_ zownza to wit' Parcel i: The West 2C©.00 feet of that portion of the South- west quarter of Section 4, Township 4 South, ]{~nge i0 West~ in the llancho San Juan Cajon de Santa Ana, as shown on a ~p recorded in ~'~ ~ , ~oo~. 51 page 1O of Miscellaneous Maps, records of Orange County, Ca±~zorn~a, doscribed as follows. Beginning at ~n~ Sou~hwest corner of said Section 4; thence East along the South line of said Section~ 1,320 feet; thence North and parallel with the West line of said Section, 282 feet; thence Westerly to a point on the West line of said gection~ 240 feet North of the point of beginning; thence South 240 feet to the point of beginning. ~:~cepting tnezefrom the South. 200 zeet. Parcel 2: The West 200.00 feet of that portion of the South- west quarter of Section 4, Township 4 South, ~-iange 10 West, in ~.:.ancno San Juan Ga-j on de Santa Ana, as shown on a b~p recoraed~ zn' moo~'~ ' 51~ page I0 of Miscellaneous ~ps~ records v~an~e ~ouncy, Gaiifornia, described as follows Beginning at the point on the Wes't line of said Section 4, 240 feet North from the Southwest corner of said Section 4; ~,nence Notch along said West zzn_ to the Westerly extension of the South line of Lots 2 and 3= as shown on a Map filed in Book 1, page 55 of L~cord of Surveys in the Office of the County ilecorder of O:..~ange County~ California; thence Easterly along said extended !in~ and th~ South line of said Lot 2 and the Easterly extension thereof to an in'aersection with the ~' '~'~ ~ast line oz Northerzy ~'~- ~ ~ the land d scribed in Pa~c~l ! in the deed co Alice tE. BeckeCC Krick and husband, recorded December 22, 1945, in Book 1374, page 217 of Official F, eco~ds; ~hence Southerly along said extended line Co the Northeast corner of ~he land described ia said ~areel ~; thence Wes~erl~ along the Nor~he~l~ iJne of said ~a~cel 1 to the oolnt of AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on February 3 , 19 64. notices of which said public hea~ing were duly given as required by law and the provisions of Title 18 Chapter 18.76 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. 1035, Series 1963-64. grantS.ns Conditional Us'~' Permi~ No. 533 subject to certain conditions therein set forth ; and -1- WHEREAS, thereafter, within twenty-two (22) days from the date of the adoption of said resolution, the City Council did elect, upon its own motion, to review the action of the City Planning Commission in granting said Condi~ tional Use Permit and did thereupon fix the 10th day of ~rch , 196~_3___, as the time and the council Chamber in the City Hall of the City of Anaheim as the place for a public hearing upon said Conditional Use Permit, and notices of such public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; 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 oppor~ tunity to be heard and did receive evidence and reports; and W~EREAS, the City Council finds, after careful' consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that' i . The proposed use is properly one for which a Conditional Use Permit is authorized by the Anaheim Municipal Code. The proposed use will not adversely affect the adjoining land uses and the growth and develop- ment of the area in which it is proposed to be located· · 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. , · 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. / 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~ TMEREFORE~ BE IT RESOLVED by the City Council of the City ~f Anaheim that the action of the City Plannin~ Commission Aranting . said Conditional Use Permit be, and the same is hereby s~stained , and that Conditional Use Permit No. 533_~ be, and the same is hereby, granted permitting the construction of a drive-in, walk-up restaurant and a waiver of the parking area requirement of the Anaheim Municipal Code, on the property hereinbefore described, subject to the following conditions: I · That the owners of subject property shall deed to the City of Anaheim a strip of land 53 feet in width, from the center line of the street, along Euclid Street, for street widening purposes. That sidewalks sh.ali be installed along Euclid Street:~ as requ'i£z"ed by the City 'Engineer and in accordance with standard plans and pec-" r:. .~.: ::?ile in the Office of the $ ii_ica u~.ons on City iJngineer~ prior to final building inspection. 3. That owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot, along 'Euclid Street, :for street lighting purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file in the Office of the Director of Public Works and Superintendent of Streets, prior to final building inspection~ 5. That the owners of subject property shall pay to ~che City of Anaheim the sum of 15¢ per front foot~ along Euclid Street~ for tree p~_an c.tng purposes 6. That the existing irrigation ditch along the north property line shall be replaced with underground irrigation facilities, which shall be subject to the approval of the City Engineer~ and shall be installed prior to final building inspection. 7. Than subject property shall be developed sub- stantiaily in accordance with plans and specifi- cations on '~e with the C-~ny of Anaheim~ marked ~Exhibit No. 1~'~ as amended herein~ Tha~~ twenty- six -~ ~' ~ pa~.~_no spaces shall be provided in accordance with the parking space dimension standards adopted by ileso!ution No. 62R-$68 of the City Council. . rna~ a s~p of land of a minimum width of four ~ ~ ~ ~ -' ~ ~ ~-~ ~ landscaped and ~ee~ ~ o~,~' _~ucl,_-u t shall be said landscaping maintained~ as indicated on '~-~-'~~.,~_~.~ No. i; that p~.an~ for said landscaping s~a~i ae ~ubmitaeo :o and approved by the Superintendent of Farkway i,%aintenance; and that said iandscapzng shall be installed prior to final b~!ding inso~ ~_c'tion. !0. That Conditions Nos. !~ 3 and 5 above-mentioned ha.,.~ '"-~ ,~'I.~.~,4 with within a period of 180 ~ ~u~dle~ time as ~ays ~_~,~m ~ate he]:eof er such · _n.~, C::ty ' '~ ma,, [6rant The City Council hereby reserves the right to revoke ,~onaic.~..ona .~ ~e'L'mir fo~ ~ood cauga or failure of said ~..~_~ ~ 'c ~ ply w~ th the '~.~ ~'~ th.e!~3 l .... '~ .... ~ ~.u~..~ so'rs o~" assigns to corn ~,nahe~_m l,k~n~.(.:iaai "'~.~.:~-~ and ..o ..... ' ........... aha the condit:.ons T!E FOREGOI'NC RESOI,..;.;TIO!.~: is approved and signed by me this ~ . 10th.__ d~y of b~rch , 19 64 . ATTE ST ~' CI~LERI( OF THE CITY OF ANAHEIM STATE OF CAL/iFO[LNIA ]5 COUNTY OF ORAN~E ) g s · CITY OF ANAHE~.,_,~ ) !~ DENE M~ W'ILLIANS: City Clerk of the City of Aw~i~oi.m, do herab;y' cartifF t/5~t tho forogoing r~$olutiom was F,~ssed ~5~,d =d~,t ..... ed at: a -- regular meeting of t'he City Coutcil keld on t::~a 10th day of ~rch 19 64 ~:, by the f'oli.o':~/ir~g vote of the members thereofa NOES~ COUNCIL~,,N; Non.e. ..... ~ ....... ~O~,~NCILMEN, None. T~iNPOi~kRILY ABSENT oo0NCiijViEN Coons. AND ! FUR~,:~.ER (CERTIFY ~,~,~ the ~yor of the City' of A'r,mheim approved ~:r~d signed ss'id resolution om the !0th day of' b'~rch , '1~9 64 . F~rch lO fo4 CI~7 CLERK OF THE CITY OF ~AH~iM -4-