Loading...
1979-279ATTY -26 (Page 1 of 2 Pages) RESOLUTION NO. 79R 279 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1957 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from FOODMAKER, INC., owner, and LYLE GUSTAVESON AND BILL GIBSON, agents, to expand an existing drive through restaurant on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE WEST 135.00 FEET OF THE SOUTH 365.00 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALI- FORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE NORTH 175.00 FEET THEREOF; and -1- WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as re- quired by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investi- gation 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. PC79 -67 granting Conditional Use Permit No. 1957 and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; 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 consider- ation 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 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 im- pose 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 Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 1957 be, and the same is hereby, granted permitting expansion o an existing drive through restaurant on the hereinabove described property with waivers of the following provisions of the Anaheim Municipal Code: ATTY -26 (Page 2 of 2 Pages) -2- SECTION 18.06.060.0233 Minimum number of parking spaces. (21 required; 14 proposed) SECTION 18.06.090 Minimum drive- through lane length. (60 and 100 feet required between start of lane, ordering service, and service window; 8 and 38 feet existing) and subject to the following conditions of approval: 1. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 2. That the owner of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as deter- mined by the City Council, for commercial buildings prior to the issuance of a building permit. 3. That the proposed restaurant shall comply with all sign- ing requirements of the CL zoning. 4. 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 some means acceptable to the City Traffic Engineer, shall be pro- vided to restrict exiting vehicles to right turns only at the driveway on Ball Road located closest to the intersection of Ball Road and Dale Avenue. 5. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 1616. 6. That Condition Nos. 1 and 4, above-mentioned, shall be complied with prior to final building and zoning inspections. 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 comply with the Anaheim Municipal Code and regulations and the conditions therein. THE FOREGOING RESOLUTION is approved and. adopted by the City Council of the City of Anaheim this 15th day of May, 1979. ATTEST: q1111; CITY Y CLERK OF T ITY OF ANAHEIM JLW:fm -3- •F THE CI F. OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ss. I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 79R -279 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 15th day of May, 1979, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER. CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 79R -279 on the 15th day of May, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of May, 1979. (SEAL) CITY LERK OF THE CITY 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. 79R -279 duly passed and adopted by the Anaheim City Council on May 15, 1979.