1967-174A RESOLUTION OF THE CITY COUNCIL OF TEE
CITY OF ANAHEIM GRANTING CONDITIONAL USE
PERMIT NO. 919
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from Harold S. Leedy, 816 East Chestnut Street, Santa Ana,
California, to establish a walk -up restaurant and permitting
waivers of the following Anaheim Municipal Code requirements or
limitations:
1. Maximum height limitation of any building or
structure within 150 feet of any single family
residential zone boundary (Section 18.40.070(3 -a));
2. Six -foot masonry wall requirement at the rear of
the landscaped area abutting a local street on
the opposite side of which the property is zoned
for single- family residential use Harding
Avenue (Section 18.40.070(2-a-4));
3. Roof sign location (Section 18.62.090(D));
on the following described property situated in the City of
Anaheim, County of Orange, State of California, to wit:
Parcel 1.
,ESOLUTION NO. 67R -174
Lot 4 in Tract No. 403, as per map recorded in Book 16,
Page 11, of Miscellaneous Maps, Records of Orange County,
California.
EXCEPTING THEREFROM the Northerly 36.00 feet.
Parcel 2.
Lot 5 of Tract No. 403, as shown on a map recorded in
Book 16, Page 11 of Miscellaneous Maps, records of Orange
County, California.
EXCEPTING THEREFROM the Northerly 36.00 feet.
ALSO Lot 6 of Tract 403, as shown on a map recorded in
Book 16, Page 11 of Miscellaneous Maps, records of
Orange County, California.
EXCEPTING THEREFROM the Northerly 36.00 feet.
ALSO EXCEPTING THEREFROM the following described land:
Beginning at a point in the South line of the North 36
feet of said Lot 6 distant Easterly 40 feet from the
West line of said Lot 6; thence Westerly along said
South line 40.00 feet to said West line; thence Southerly
along said West line 20 feet, to a line that is parallel
with and distant Southerly 20 feet, measured at right
angles from said Southerly line; thence Easterly along
said parallel line 20 feet; thence Northeasterly to
the point of beginning.
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AND WHEREAS, the City Planning Commission did hold a
public hearing at the City Hall in the City of Anaheim upon
said application on February 15 19 67 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, in-
vestigation 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. PC67 -36
granting Conditional Use Permit No. 191, subject to the
conditions therein set forth 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 28th day of March
19 67 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 con-
sideration of the recommendations of the City Planning Commis-
sion 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
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 Commis-
sion in granting said conditional use permit be, and the
same is hereby sustained and that Conditional Use Permit
No. 919 be, and the same is hereby, granted permitting
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the establishment of a walk -up restaurant, and permitting waivers
of the following Anaheim 'tunicipal Code requirements or limita-
tions:
(a) Maximum height limitation of any building or
structure within 150 feet of any single family
residential zone boundary (Section 18.40.070(3 -a));
(b) Six -foot masonry wall requirement at the rear of
the landscaped area abutting a local street on the
opposite side of which the property is zoned for
single- family residential use Harding Avenue
(Section 18.40.070(2- a -4));
(c) Roof sign location (Section 18.62.090(D)),
on the property hereinbefore described, subject to the following
conditions-
1. That the owner of subject property shall deed to
the City of Anaheim a strip of land 32 feet in width,
from the center line of the street, along Harding
Avenue, for street widening purposes.
2. (a) That all engineering requirements of the City of
Anaheim along Harding Avenue, including preparation
of improvement plans and installation of all
improvements, such as curbs and gutters, sidewalks,
street grading and paving, drainage facilities, or
other appurtenant work shall be complied with as
required by the City Engineer and in accordance with
standard plans and specifications on file in the
Office of the City Engineer; and (b) that a bond in
an amount and form satisfactory to the City of Anaheim
shall be posted with the City to guarantee the instal-
lation of said engineering requirements.
3. That the owner of subject property shall pay to the
City of Anaheim the sum of $2.00 per front foot,
along Lincoln and Harding Avenues, for street
lighting purposes.
4. That the owner of subject property shall pay to the
City of Anaheim the sum of 15 per front foot,
along Lincoln and Harding Avenues, for tree planting
purposes.
5. That trash storage areas shall be provided in
accordance with approved plans on file in the
Office of the Director of Public Works and Super-
intendent of Streets, prior to final building and
zoning inspections.
6. That the final parking plan shall be approved by the
Development Review Board; that any landscaped areas
in the parking area shall be protected with concrete
curbs six inches in height; that concrete wheel stops
shall be provided for all parking spaces; that all
outside lighting shall be directed away from the
property lines to protect the residential area to
the south; and that all of said work or requirements
shall be complied with prior to final building and
zoning inspections.
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8. That Conditions Nos. 1, 2(b) 3 and 4 above- mentioned
shall be complied with within a period of 180 days
from date hereof, or such further time as the City
Council may grant.
The City Council hereby reserves the right to revoke
such conditional use permit for good cause or failure of said
owner, his heirs, successors or assigns to comply with
the Anaheim Municipal Code and regulations and the conditions
herein.
7. That subject property shall be developed sub-
stantially in accordance with plans and specifi-
cations on file with the City of Anaheim, marked
Exhibits Nos. 1, 2 and 3; PROVIDED, HOWEVER, that
the 35 -foot building setback established for
Lincoln Avenue by City Council policy shall be
maintained.
THE FOREGOING RESOLUTION is approved and signed by
me this 28th day of March, 1967.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and
adopted at a regular meeting of the City Council held on the 28th
day of March, 1967, by the following vote of the members
thereof:
AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler
and Krein
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 28th day of
March, 1967.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 23th day of March,
1967.
(SEAL)
CITY CLEI'IK OF THE CITY OF ?aNAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 67R -174 duly passed
and adopted by the Anaheim City Counci on March 28, 1967.
City Clerk