71R-029
RESOLUTION NO. 7lR-29
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM Grou~TING CONDITIONAL USE
PERL\1IT NO. 1209.
~iHEREAS, the City Planning Commission of the City of
F~aheim did receive an application for a conditional use permit
fram Karcher & Associates, P.o. Box 4349, lUlaheim, California,
92803, owner; Carl Karcher Enterprises, Inc., P.O. Box 4349,
Anaheim, California, 92803, agent, to permit establishment of a
combination sit-down and drive-through restaurant with waiver
of minimwn nUInber of required parking spaces on the fo11ovling
described property situated in the City of Anaheim, County of
Orange, State of California, to wit:
Lots 2 and 3 of the Janss Subdivision, in the City
of ~~aheim, as shown on a map thereof recorded in book
8, page 5, Miscellaneous ~ays, records of said Orange
County.
EXCEPT the Westerly 27 1/2 feet of said Lot 2.
&~D vlliEREASr the City Planning Comnission did hold a
public hearing at the City Hall in the City of Anaheim upon
said application on November 16, 1970 and continued to November
30, 1970 and December 14, 1970, notices of which said public
hearing were duly given as required by law and the provisions of
l.'i tIe 18, Chapter 18. 76 of tIle li..naheim :-1unicipal Code; and
WHEP~AS, said Commission, after due inspection, inves-
tigation 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 70-219, granting
Conditional Use Permit No. 1209; and
~"lHERf::::AS: thereafter '\";'lithin t\'ienty-t\'10 (22) days from
the date of the adoption of said resolution, a written appeal
vias filed wit11 the City Council protesting tIle action of the
City Planning CO~uission in granting said conditional use
permit and said appeal was set for puolic hearing on January 26,
1971, at tile City Hall, in the City of Ananeim, and notices of
such public flearing ';;vcre duly giVt~l1 as required by law alld the
provisions of l:~~litle 18, i.:.:Ilapt.er 18. 7G of t:1e Anaheim ]Ylunicipal
Codei and
wEEPLAS, at the tuae and place fixed for said public
hearing, t.lle City Council did duly 110ld and conduct such hear-
I - a'" I 11 '.t J-'I, " .L. · t
~J:lg and 10. g~ve a J?ersons ~nc.eres ,-eo. 'ctlOreJ.n an ol)por\.-unJ. y
to ::'e heard. al1ct did receive evidence and reports; and
"C'friEP.EAS, tile City Council finds, aft.er careful con-
sideration of 'cae recornr.1C:lldation.s of tIle City Planning Conunis-
sian and all eviQonce and reports offered at said hearing, that:
1. The proposed use is properly one for which a
condi.tional use permi t is authorized by the
Anaheim Municipal Code.
2. The proposed use \vill not adversely affect the
adjoining land uses and the gro\rth and development
of the area in 'i.J.i"hich it is proposed to be located.
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3. The size and shape of the site proposed for the
use is adequate to allo"" tile full development of
-the ~roposed use in a manner not detrimental to
the particular area nor .to the ~?eace, heal th,
safety and general welfar~.
4. The traffic generated by the proposed use will not
impose an undue burden upon the streets and high-
\-,ays designed and unproved to carry the traffic in
the area.
5. rr1:le granting of the condi tional use permi t under
the conditions imposed "viII not be detrimental to
the peace, nealth, safety and general welfare of
the citizens of the City' of Ananeim.
~':rO~"J, IfHBllliFORE, BE IT RESOLVED }JY the City Council of
tile City of Anaheim that tile action of tn.s City Planning Com-
Inission in granting said conditional use permit be, and the same
is hereby sustained, and that Conditional Use Permit No. l209
be, and the same is hereby granted permitting the establishment
of a combination sit-down and drive-throug~ restaurant with waiver
of tIle following A.nalleim >Iunicipal Code provision:
SECTION 18.44.0~O(5~~~~)
7'.~inirnum number of required
parking spaces. (16 spaces
required; 15 proposed).
That said condi tional use permi t 3)e granted subject to the
following conditions:
1. Tl1.at the sidevlalks and drive\vays shall be relocated
and repaired along Janss Street and Lincoln Avenue
as required by the City Engineer and in accordance
with standard plans and specifications on file in the
office of the City Engineer.
2. 'lihat the O\v11er of subject J?roperty shall pay to the
City of Anaheim the sum of $2.00 per front foot along
Janss Street, for street lighting purposes.
3. That trash storage areas shall ;)e provided in accord-
ance with approved plans on file witn the office of
the Director of PQolic Works.
4. That all air-conditioning facilities shall be properly
shielded from view.
~. That subject property shall be served by underground
utilities.
6. That subject property shall be developed in accordance
with C-l Site Development Standards.
7. That smiject property shall be developed substantially
in accordance vlith plans and specifications 011 file
with the City of ~~laheim, ~arkcd Exhibit No. 1 and
Exriibit ~o. 2, Revision ~o. 2.
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s. That Condition No.2, above mentioned, shall be com-
plied 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 one year from the date hereof, whichever
occurs first, or such further time as the Planning
Commission may grant.
9. That Conditions Nos. 1, 3, 4, 5, 6, and 7, above
mentioned, shall be complied with prior to final
Duilding and zoning inspections.
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
l.llunicipal Code and regulations and the conditions herein.
THE FOREGOIl~G RESOLUTIO}": is a9proved and signed by me
this 26th day of January, 1971.
r~EST: ,
, )~. )Po a;h:~
CI~Y CLERK OF THE CITY OF ANAHEIM
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~-.. Y OF THE C TY ANAHEIl-1 -
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STATE OF CALIFORNIA
COUN'ry OF ORANGE
CITY OF k~AHEIr."1
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AML' dY ~NA~,V~ cou,::.:r.. Ja~~J:i971
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I, DENE :vi. lJJILLIN.IS, City Clerk of the City of Anaheim!
do here~y certify that the foregoing Resolution No. 71~-'9 was
passed and adopted at a regular meeting of the City Counc1l held
on the _ 26th day of January ! 1921-, by the following
vote of the lnembers thereof:
AYES = COmlCIU~rnN: Roth, Stephenson, Pebley, Thorn
and Dutton
NOES : COm~CILi:.mN : None
ABSENT : COU1~CILI.mN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 26th day of
January 1 19-1l-.
IN WITNESS vniEREOF, I have hereunto set my hand and
affixed the seal of the City of p.naheim this 26th day of
J an nary , 191..l..._ ·
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CI Y CLERK OF THE CITY OF ANAHEI~i
(SEAL)
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