70R-029
RESOLUTION NO. 70R-29
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING CONDITIONAL USE
PERMIT NO. 1144 IN PART.
WHEREAS, the City Planning Conunission of the City of
Anaheim did receive an application for a conditional use permit
from Willard Pool as agent for California Drive-In Theatres,
Inc., a corporation, to establish a Drive-In Theatre with cap-
ability of being utilized periodically as a "swap meet" facility
on the following described property:
All that certain land situated in the State of Cali-
fornia, County of Orange, City of Anaheim, described
as follows;
The westerly 50.00 feet of that portion of Lot 2
of Tract No. 71, in the City of Anaheim, County of
Orange, State of California, as per map thereof recorded
in Book 10, page 22 of Miscellaneous Maps, in the
Office of the County Recorder of said Orange County,
lying easterly of a line which begins at a point on
the Southerly line of said lot, westerly 747.00 feet
from the southeast corner thereof; thence northerly
on a direct line to a point on the northerly line of
said lot, westerly 1025.53 feet from the northeast
corner thereof.
Said 50.00 foot strip to terminate southerly in the
northerly line of lot 13 of the Lockhart Tract, in the
City of Orange, County of Orange, State of California,
as per map thereof recorded in Book 4, pages 512 and 513
of Miscellaneous Records of Los Angeles County, Cali-
fornia, being the northerly line of that certain parcel
of land conveyed to California Drive-In Theatres, Inc.
by deed recorded April 22, 1941 in Book 1089, page 380
of Official Records, in the Office of the County Recorder
of said Orange County.
RESERVING unto the Grantor herein an easement for irri-
gation pipe line over the southerly 5.00 feet of the
northerly 45.00 feet thereof.
RESERVING further unto Grantor a subsurface easement
over a strip of land 6 feet wide being the southerly 6
feet of the northerly 533 feet of the northerly boundary
of the above described parcel of land for the purpose
of installing and maintaining a storm drain facility
connection to the existing 18-inch reinforced concrete
pipe presently located on said property and running
into the Orange County Flood Control channel. No rights
of surface entry are included herein.
AND WHEREAS, the City Planning Commission did hold a
public hearing at the City Hall in the City of Anaheim upon
said application on November 17, 1969, notices of which said public
hearing were duly given as required by law and the provisions
of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and
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WHEREAS, said Commission, after due inspection, in-
vestigation 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. PC 69-230, denying
Conditional Use Permit No. 1144; and
WHEREAS, thereafter within twenty-two (22) days from
the date of the adoption of said resolution, a written appeal
was filed with the City Council protesting the action of the
City Planning Commission in denying said conditional use permit
and said appeal was set for public hearing on January 6, 1970,
and continued to January 20, 1970, at the request of applicant,
at the City Hall, in the City of Anaheim, and notices of such
public hearing were duly given as required by law and the pro-
visions 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 hear-
ing and did give all persons interested therein an opportunity
to be heard and did receive evidence and reports; and
WrlE RE AS , the City Council finds, after careful con-
sideration of the recommendations of the City Planning Commis-
sion 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
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 high-
ways designed and improved to carry the traffic in
the area.
5. The granting of tile 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 the action of the City Planning Commis-
sion in denying said conditional use permit be, and the same is
hereby reversed, and that Conditional Use Permit No. 1144 be,
and the same is hereby, granted permitting the aforedescribed
Drive-In Theater subject to the withdrawal of the request for
dswap meet!! at the applicant's own request and subject to the
following stipulations and conditions:
I. That the City be held harmless from lighting at
the Anaheim Stadium as long as the lighting is
controlled in tile basic manner it is presently
controlled.
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2. No films be shown on the property within the City
of Anaheim to which no one under 18 is admitted.
3. That the City be compensated for any loss in sales
tax revenue by increase in tile existing business
license tax, or by any other means acceptable to
the City.
4. That rapidly-growing tall trees be planted adja-
cent to the rear of the proposed movie screen,
instead of the requested 2,400-square foot-sign.
and subject to the following conditions:
1. That all engineering requirements of the City of
Anaheim along State College Boulevard, including
preparation of improvement plans, and installation
of all improvements, such as curbs and gutters,
sidewalks, street grading and paving, drainage
facilities, or other appurtenant work shall be
complied with as required by the City Engineer
and in accordance with standard plans and specifi-
cations on file in the Office of the City Engineer;
and that a bond in an amount and form satisfactory
to the City of Anaheim shall be posted with the
City to guarantee the installation of the above-
mentioned requirements.
2. That the owner of subject property shall pay to
the City of Anaheim the sum of $2.00 per front
foot along State College Boulevard for street lighting
purposes.
3. That the owner of subject property shall pay to
the City of Anaheim the sum of 15(: per front foot
along State College Boulevard for tree planting
purposes.
4. That trash storage areas shall be provided in accord-
ance \'lith approved plans on file with the Office
of ;the ".Director of Public Works.
5. That fire hydrants shall be installed as required
and determined to be necessary by the Chief of
the Fire Department.
6. That the driveways shall be installed along Orange-
wood Avenue as required by the City Engineer and
in accordance with standard plans and specifications
on file in the Office of the City Engineer.
7. That subject property shall be served by under-
ground utilities.
8. That any metal structures or walls shall be developed
in accordance with the City Council Metal Building
Policy.
9. That Conditions Nos. 1, 2, and 3, above-mentioned
shall be complied with prior to the commencement
of the activity authorized under this resolution,
or prior to the time that the building permit is
issued, or within a period of 180 days from the
date hereof, whichever occurs first, or such further
time as the City Council may grant.
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10. That Conditions Nos. 4, 5, 6, 7, and 8, above-
mentioned, shall be complied with prior to final
building and zoning inspections.
11. That subject property shall be developed substan-
tailly in accordance with plans and specifications
on file with the City of Anaheim, marked Exhibit
No.1.
The City Council hereby reserves the right to revoke
such Conditional Use Permit for good cause or failure of said
owner, its successors or assigns to comply with the Anaheim
Municipal Code and regulations and conditions herein.
THE FOREGOING RESOLUTION is approved and signed by
me this 20th day of January, 1970.
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ATTEST:
ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss .
CITY OF ANAHEIM )
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and
adopted at a regular meeting of the City Council held on the 20th
day of January, 1970, by the following vote of the members thereof:
AYES; COUNCILNEN: Dutton, Schutte, Pebley and Clark
NOES: COUNCILMEN: Krein
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 20th of Janu-
ary, 1970.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 20th day of January,
1970.
~~,- )<
C CLERK OF
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THE CITY OF ANAHEIM
(SEAL )
1, mi:::: \';. W!LLlAMS. CITY CLERK OF THE cln> A>L\HEI.\1,
(j, ! ::::E3Y CEf:T!FY THAT THE FOREGJING IS Ti-I~_:);1I.:;IN-
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PAL; jl 3/31/70
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