1976-708RESOLUTION NO. 76R -7a
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 1642 .
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from DUNN PROPERTIES, INC., owner; AMERICAN NATIONAL PROPERTIES,
agent, to permit a drive-through restaurant on certain real prop-
erty situated in the City of Anaheim, County of Orange, State of
California, described as follows:
THOSE PORTIONS OF PARCELS 1 AND 2, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A PARCEL MAP FILED IN BOOK 79 PAGES 43 AND
44 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RE-
CORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL
2; THENCE ALONG THE EASTERLY BOUNDARIES OF SAID PAR-
CELS 2 AND 1 NORTH 00 14' 36" WEST 66.54 FEET, NORTH
120 17' 08" EAST 49.39 FEET AND NORTH 00 14' 36" WEST
41.60; THENCE SOUTH 890 45' 28" WEST 170.00 FEET;
THENCE SOUTH 00 14' 32" EAST 156.35 FEET TO THE SOUTH-
ERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTH-
ERLY LINE NORTH 890 45' 28" EAST 159.29 FEET TO THE
POINT OF BEGINNING.
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ATTY-26 (Page 1 of 3 pages)
AND WHEREAS, the City Planning Commission did hold a
public hearing at the City Hall in the City of Anaheim upon
said application on September 13 , 1976 , notices of
which said public hearing were duly given as required by law
and the provisions of Title 18, Chapter 18.03 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. PC76-172 ikx3&w
ranting Conditionals Use Permit No.
1642 ; 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 grantincr said conditional use
permit and did thereupon fix the 9th day of November ,
19 76, as the time and the Council Chamber in the City all of
the City of Anaheim as the place for a public hearing upon said
conditional use permit, and notices of such public hearin7 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:
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 adeauate 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.
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ATTY--26 (Page 2 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.
NOW, THERFFORE, 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. 1642 be, an2l the same is hereby, granted
permitting a drive-through restaurant on the hereinabove described
property, subject to the following conditions:
1. That this variance is granted subject to the completion
of Reclassification No. 73-74-55, now pending.
2. That sidewalks shall be installed along Magnolia Avenue
as required by the City Engineer and in accordance with standard
plans and specifications on file in the office of the City Engi-
neer.
3. That the owner of subject property shall pay to the
City of Anaheim the sum of sixty (60) cents per front foot along
Magnolia Avenue for tree planting purposes.
4. That the owner of subject property shall pay to the
City of Anaheim the sum of two dollars ($2.00) per front foot
along Magnolia Avenue for street lighting purposes.
5. That trash storage areas shall be provided in accordance
with approved plans on file with the office of the Director of Pub-
lic Works.
6. That fire hydrants shall be installed and charged as
required and determined to be necessary by the Chief of the Fire
Department prior to commencement of structural framing.
7. That subject property shall be served by underground
utilities.
8. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
9. In the event that subject property is to be divided for
the purpose of sale, lease or financing, a parcel map to record
the approved division of subject property shall be submitted to
and approved by the City of Anaheim and then be recorded in the
office of the Orange County Recorder.
10. That appropriate water assessment fees, as determined
by the Director of Public Utilities, shall be paid to the City of
Anaheim prior to the issuance of a building permit.
ATTY-26 (Page 3 of 3 pages)
11. That subject property shall be developed precisely in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit No. 1 (Revision No. 1), and Exhibit Nos.
2 and 3.
12. That Condition Nos. 3, 4 and 9, above-mentioned, shall
be complied with prior to the commencement of the activity author-
ized under this resolution, or prior to the time that the building
permit is issued, or within a period of one (1) year from date
hereof, whichever occurs first, or such further time as the Plan-
ning Commission and/or City Council may grant.
13. That Condition Nos. 1, 2, 7, 8 and 11, above-mentioned,
shall be complied with prior to final building and zoning inspec-
tions.
BE IT FURTHER RESOLVED that 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 com-
ply with the Anaheim Municipal Code and regulations and the condi-
tions therein.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 9th day of NovembAr, 1976.
ATTEST:
CITY CLERK OF TH CITY OF ANAHEIM
JLW: fm
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 76R-708 was -introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on the
9th day of November, 1976, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: Kaywood t
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
• Resolution No. 76R-708 on the 9th day of November, 1976.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Anaheim this 9th day of November, 1976.
CITY C ERK OF THE CITY OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing is the original of Resolution No. 76R-708 duly passed and
adopted by the Anaheim City Council on November 9, 1976.
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CITY CLERK