1974-140WHEREAS, the City Planning Commission of the City of
Anaheim did receive a request for a conditional use permit from
Freeway Commercial Properties, Inc., owner, to establish a
drive -in and walk -up restaurant on the following described
property:
PARCEL 1:
PARCEL 2:
RESOLUTION NO. 74R-140
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING, IN PART,
CONDITIONAL USE PERMIT NO. 1456.
That portion of the Southwest quarter of the Southwest
quarter of Section 23, Township 4 South, Range 10 West,
in the Rancho San Juan Cajon de Santa Ana, City of
Anaheim, County of Orange, State of California, as
shown on a map recorded in book 51, page 10 of Miscel-
laneous Maps, in the office of the county recorder of
said county, described as follows:
Beginning at the Easterly terminus of the course shown
as South 81° 11' 30" West, 358.12 feet within Parcel 1
of the State Highway Relinquishment No. 525 recorded
December 27, 1966 in book 8136, page 345 of Official
Records; thence along the boundary of said relinquishment
the following courses: South 81° 11' 30" West 358.12
feet to the beginning of a curve concave Easterly having
a radius of 55.00 feet, Westerly, Southwesterly and
Southerly 77.97 feet along said curve through a central
angle of 81° 13' 45 South 0° 02' 15" East 14.38 feet to
a point on a non tangent curve concave Northerly having a
radius of 100.00 feet, a radial to said point bears South
29° 57' 45" West, Easterly 52.37 feet along said curve
through a central angle of 30° 00' 30 North 89 57'
45" East 407.68 feet, North 0° 02' 15" feet to a point on
a non tangent curve concave Southwesterly having a radius
of 970.00 feet a radial to said point bears North 55 50'
22" East, Northwesterly 95.13 feet through a central angle
of 5° 37' 08" to the point of beginning.
That portion of the Southwest quarter of the Southwest
quarter of Section 23, Township 4 South, Range 10 West, in
the Rancho San Juan Cajon de Santa Ana, City of Anaheim,
County of Orange, State of California, as per map recorded
in book 51, page 10 of Miscellaneous Maps, in the office
of the County Recorder of said County, described as follows:
Beginning at the Easterly terminus of the Northerly line of
that certain parcel of land bounded completely on all sides
by Parcel 1 of State Highway Relinquishment No. 525, as
shown on the map filed in book 4, pages 3 and 4 of Highway
Maps in the office of the Recorder of said county, said
Northerly line shown as having a bearing and distance of
South 81° 11' 30" West 358.12 feet; thence along said
Northerly line and the various courses in the boundary of
said land, South 81° 11' 30" West 358.12 feet to the
beginning of a tangent curve concave to the Southeast
having a radius of 55 feet; thence along said curve through
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a central angle of 81° 13' 45" an arc distance of 77.97 feet;
thence tangent to said curve, South 0° 02' 15" East 14.38
feet to the beginning of a nontangent curve concave to the
Northeast having a radius of 100 feet a radial line through
said beginning of curve bears North 29° 57' 45" East; thence
along said curve through a central angle of 30° 00" 30" an
arc distance of 52.37 feet to the Westerly terminus of the
Southerly line of said parcel of land having a bearing and
distance of North 89° 57' 45" East 407.68 feet; thence leav-
ing the boundary of said Parcel of land, along a curve
tangent to said Southerly line and concave to the Northeast
having a radius of 165 feet through a central angle of 18°
30' 00" an arc distance of 53.28 feet to a point of compound
curve, a radial line through said point bears South 18° 27'
15" West; thence along said compound curve having a radius of
36 feet through a central angle of 130° 02' 45" an arc
distance of 81.71 feet, a radial line through the end of said
curve bears North 31° 30' 00" West; thence tangent to
said curve North 58° 30' 00" East 57.00 feet; thence
North 81° 58' 20" East 287.03 feet to the beginning
of a tangent curve concave to the Northwest having a
radius of 41 feet; thence along said curve through a
central angle of 87° 38' 15" an arc distance of 62.71
feet; a radial line through the end of said curve
bears North 84° 20' 05" East; thence along a nontangent
line South 39° 46' 46" East 66.19 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 request on March 4, 1974, 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,
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. PC- 74 -55, approved,
in part, Conditional Use Permit No. 1456, subject to certain
conditions; and
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, in part, said
conditional use permit and did thereupon fix the 2nd day of
April, 1974, 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 hear-
ing and did give all 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 all evidence and reports offered at said hearing,
that:
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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 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 Com-
mision granting, in part, said conditional use permit be, and
the same is hereby sustained, and that Conditional Use Permit
No. 1456 be, and the same is hereby, granted, in part, permit-
ting a drive -in and walk -up restaurant on the aforedescribed
property with waivers of the following sections of the Anaheim
Municipal Code:
SECTION 18.40.070(2)(a -3) Minimum landscaped area. (3 feet
required; 0 feet proposed).
SECTION 18.62.090(B -1) Maximum number of free- standing
signs. (2 signs permitted; 3
signs proposed).
SECTION 18.62.090(B -2) Maximum height of free standing
sign. (55 feet permitted; 70
feet proposed).
SECTION 18.62.090(5) Location of free standing sign.
(Center 20% required; Center 20%
not proposed).
SECTION 18 Minimum distance between signs.
(300 feet required; 20 feet
proposed).
That said conditional use permit be granted, in part, subject to
the following conditions:
1. That this Conditional Use Permit is granted, in
part, subject to the completion of Reclassification No. 73- 74 -48.
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2. That subject property shall be developed substan-
tially in accordance with plans and specifications on file with
the City of Anaheim marked Exhibits Nos. 1, 2, 3, 4, 5, 6, 7, 8
and 9; provided, however, that the easterly driveway providing
access to Manchester Avenue shall be located as far south as
possible at a location to be approved by the City Engineer and
that the signing shall not exceed 60 feet in height.
The City Council hereby reserves the right to revoke
such Conditional Use Permit for good cause or failure of said
owner, its 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 2nd day of April 1974.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, ALONA M. FARRENS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 74R -140
was passed and adopted at a regular meeting of the Cit' y Council
held on the 2nd day of April 1974 by
the following vote of the members thereof:
FAL:jh
AYES: COUNCIL MEMBERS: STEPHENSON, SNEEGAS, PEBLEY, THOM
and DUTTON
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution on the 2nd day of
April 1974
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 2nd day of
April 1974
CITY CLERK OF THE CITY OF ANAHEIM
I, ALONA M. FARRENS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
74R -140 duly passed and adopted by the Anaheim City Council on
April 2, 1974.
C i% ndv 52
City Clerk
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