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1977-321ATTY -26 (Page 1 of 3 pages) RESOLUTION NO. 77R -321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1700 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from EUCLID ROMNEYA COMPANY, owner, to permit a drive- through restaurant on the property situated in the State of Califor- nia, County of Orange, City of Anaheim, described as follows: Lots 1, 2, 3, 4 and 5 of Tract No. 3396, as shown on a Map recorded in book 121, pages 8 and 9 of Miscellaneous Maps, in the office of the County Recorder of said County. Except that portion thereof included within the following described land: Beginning at the Southwest corner of the Northwest quarter of the Southwest csuarter of Section 4, Township 4 South, Range 10 West, as shown on said map of Tract No. 3396; thence South 89° 42' 57" East 203.00 feet along the Southerly line of said Northwest quarter; thence North 0° 02' 23" East 180.00 feet parallel with the Westerly line of said Section; thence North 89° 42' 57" West 203.00 feet to the Westerly line of said Section; thence South 0° 02' 23" West 180.00 feet to the point of begin- ning. -1- AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on March 28 19 77, 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. PC77 -74 Series granting Conditional Use Permit No. 1700, 1vbje.ct to cr.rtAin. conOiti^ris 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 said conditional use permit and did thereupon fix the 3rd day of may 1977, 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 13, 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 opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consid- eration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: ATTY -26 (Page 2 of 3 pages) 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. -2_- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, sustained and that Conditional Use Permit No. 1700 be, and the same is hereby, granted permitting a drive through restaurant on the aforedescribed property, subject to the following conditions: 1. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 58-59-31 (readvertised), now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3; provided, however, that a six -foot high masonry wall shall be constructed along the north property line adjacent to the drainage right -of -way, as stipulated to by the petitioner; and that additional trash stor- age areas as required by the Sanitation Division shall be provided in accordance with the approved plans on file with the Office of the Public Works Director, as stipulated to by the petitioner. BE IT FURTHER RESOLVED that the City Council hereby re- serves 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 the conditions herein. JLW:fm AT i V -26 (Page 3 of 3 pages; 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. THE FOREGOING RESOLUTION is approved and sign d by me this 3rd day of May, 1977. CITY CLERK OF TH., CITY OF ANAHEIM 3- J 1A OR IE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM (SEAL) SS. I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 77R- 321 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 3rd day of May, 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom 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 No. 77R -321 on the 3rd day of May,-1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of May, 1977. ,2 CITY CLERK OF THE CI OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -321 duly passed and adopted by the Anaheim City Council on May 3, 1977.