63-0549RESOLUTION NO. 63R 549
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING CONDITIONAL USE
PERMIT NO. 427
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application from DUAYNE D. CHRISTENSEN,
7907 Westminster Avenue, Westminster, California, for a
Conditional Use Permit allowing the establishment of a drive
through restaurant and a waiver of the Anaheim Municipal Code
parking requirements on the following described property
situated in the City of Anaheim, County of Orange, State of
California, to wit:
That portion of Lot 4 of Anaheim Extension, as shown
on a Map of Survey by William Hamel, a copy of
which is shown in Book 3, pages 162 to 164 inclusive
of "Los Angeles County Maps, in the office of the
County Recorder of Orange County, California,
described as follows:
Beginning at a point on the center line of Center
Street, as shown on said map, distant
North 74 37' 25" East 770.13 feet, from the
intersection of said center line with the center
line of East Street, as shown on said map; thence
North 74 37' 25" East along said center line of
Center Street, 180.00 feet; thence North 15 24' 15"
West parallel with said center line of East Street,
480.00 feet to the Southerly line of the land des-
cribed in a deed to Zion Evangelical Lutheran
Church of Anaheim, recorded June 30, 1961 in
Book 5770, page 813 of Official Records; thence
South 74 37' 25" West along said Southerly line
of the land of Zion Evangelical Lutheran Church,
180.00 feet to a line parallel with said center
line of East Street and passes through the
point of beginning; thence South 15° 24' 15"
East along said parallel line 480.00 feet to
the point of beginning.
AND WHEREAS, the City Planning Commission did hold a
public hearing at the City Hall in the City of Anaheim upon
said application on May 27 19 63 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
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. 777, Series 196 63
denying Conditional Use Permit No. 427
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
1 71 .3'1_1_4s 25
19 63 at the City Hall, in the City of
na eim, 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 X 11 persons interested therein an opportunity to
be heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful
consideration of the recommendations of the City Planning
Commission and 11 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
djoining land uses and the growth and develop
ment 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 -.11ow the full development of
the proposed use in a manner not detrimental to
the particul.r area nor to the peace, health,
safety and general welf -re
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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the action of the City Planning Commis-
sion den in said Conditional Use Permit be, and the same
is here y and th -t Conditional Use Permit
No. 427 e, an t e s -:me is hereby, granted permitting
the establishment of a drive- through restaurant on the
property hereinbefore described, and approving the parking
area as shown on the plans on file with the City of Anaheim,
subject to the following conditions:
1. That sidewalks shall be installed along 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,
prior to final building inspection.
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7. That Condition No. 2 above mentioned shall be
complied with within a period of 180 days from
date hereof, or such further time as the City
Council may grant.
The City Council hereby reserves the right to revoke
such Conditional Use Permit for good cause or failure of said
owner, his heirs, successors or assigns to comply with the
Anaheim Municipal Code and regulations and the conditions herein.
THE FOREGOING RESOLUTION is approved and signed by me
this 25th day of June, 1963.
ATTEST:
2. That the owner 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 Lincoln Avenue for street widening purposes.
3. That trash storage areas shall be provided in
accordance with standard plans on file in the
Office of the Director of Public Works and
Superintendent of Streets, prior to final
building inspection.
4. That subject property shall be developed sub-
stantially in accordance with plans and
specifications on file with the City of Anaheim,
marked "Exhibits Nos. 1, 2 and 3."
5. That a strip of land six feet in width along
Lincoln Avenue shall be landscaped and said
landscaping maintained, as indicated on
Exhibit No. 1 on file with the City of Anaheim;
that plans for said landscaping shall be
submitted to and approved by the Superintendent
of Parkway Maintenance; and that said landscaping
shall be installed prior to final building
inspection.
6. That tree wells shall be provided at approximately
40 -foot intervals in the Lincoln Avenue parkway
abutting subject property; that plans for said
tree wells and landscaping therein shall be
submitted to and approved by the Superintendent
of Parkway Maintenance; and that said tree wells
shall be planted prior to final building inspection.
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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 No. 63R -549 was
introduced and adopted at a regular meeting provided by law, of
the City Council of the City of Anaheim, held on the 25th day of
June, 1963, by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution No. 63R -549 on the
25th day of June, 1963.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim, this 25th day
of June, 1963.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM