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1979-278RESOLUTION NO. 79R -278 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO.1956 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from FOODMAKER COMMISSARY, INC., owner, and LYLE GUSTAVESON and BILL GILSON, agents, to permit a drive through restaurant on certain real property situated in the City of Anaheim, County of Orange, State of California, legally described as: THE SOUTH 310 FEET OF THE WEST 260.00 OF THE SOUTHEAST QUARTER OF SECTION 22, TO,"1NSHIP 4 SOUTH, RANGE 10 WEST, I`1 THE RANCHO SA M JUAN CAJON DE SANTA AAA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS NAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MEASURED ALONG THE SOUTHERLY AND WESTERLY LINES THEREOF. EXCEPT THAT PORTION THEREOF INCLUDED WITHIN HARBOR BOULEVARD, AS SAID BOULEVARD WAS ESTAB- LISHED AUGUST 17, 195 SAID LAND IS INCLUDED WITHIN THE AREA SHOWN O N A MAP FILED IN BOOK 36 PAGE 38 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and ATTY -26 (Page 1 of 2 Pages) -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 -63 granting in part Conditional Use Permit No. 1956 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 ran.ingr in part. said conditional use permit be, and the same is h ere b y, affirmed and that Conditional Use Permit No. 1956 be, and the same is hereby, granted permitting a drive through restau- rant on the hereinabove described property with a waiver 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. (89 spaces required; 76 proposed) and subject to the following conditions of approval: 1. That street lighting facilities along Harbor Boulevard and Katella Avenue shall be installed prior to the final building and zoning inspections unless otherwise approved by the General Manager of the Public Utilities Department, and in accordance with specifications on file in the Office of the General Manager of the Public Utilities Department; and /or that a bond, certifi- cate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above mentioned requirements. 2. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Public Works Executive Director. 3. That the owner of subject property shall nay 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. 4. That the Proposed restaurant shall comply with all signing requirements of the CR zoning. 5. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked. Exhibit I 1 through 3; provided, how- ever, that a minimum of 71 parking spaces may be provided and that the drive through lane length shall comply with the Zoning Code requirements. 6. That a revised plan showing drive- through lanes con- forming with the Zoning Code shall be submitted to the Planning Commission for review and approval prior to issuance of a build- ing permit. 7. That Condition No. 1, above- mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 8. That Condition Nos. 2 and 5, above mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the City Council hereby re- served 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 conditions therein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of May, 1979. iOOK/ IAYOR 0 THE ANAHEIM ATTEST: JLW:fm STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 79R -278 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, Roth and Seymour NOES: COUNCIL MEMBERS: Kaywood and Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 79R -278 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. CITY CLERK I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 79R -278 duly passed and adopted by the Anaheim City Council on May 15, 1979.