1981-222RESOLUTION N0.81R-222
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM aRANTIN(3 CONDITIONAL USE PERMIT
N0. 2184 .
WHEREAS, the City PlanninE Commission of the City of
Anaheim dial receive an application for a conditional use permit
from RAYMOND G. SPEHAR, ET AL., owners, and CARL N. KARCHER
ENTERPRISES, Bob Holden, agent, to expand an existing drive-
through restaurant with waivers of certain provisions of the
Anaheim Municipal Code on certain real property situated in
the City of Anaheim, County of Orange, State of California,
described as:
That portion of Allotments in Decree of Partition
of the Rancho Canon de Santa Ana, in the City of
Anaheim, recorded in ,Case 1978, of the 17th Judicial
District Court of California, a certified copy of
which was recorded February 8, 1874, in book 28, page
158 of Deeds, in the Office of the County Recorder
of Los Angeles County, California, shown on "Parcel
No. 3, on a parcel map filed in book 56, page 2 of
parcel maps in the Office of the County Recorder of
said Orange County; and
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ATTY-26 (Paps 1 of 2 Paps6)
WIiEREAS, 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.Q3 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. PC81-67 , granting
Conditional Use Permit No. 2184 and
WIiEREAS, 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 saki 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
WIiEREAS, 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 he 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
rantin said conditional use permit be, and the same is
ere y, affirmed and that Conditional Use Permit No. 2184 be,
and the same~~iereby, granted permitting expansion o~ an exist-
~~ ing drive-through restaurant with waivers of thef_ollowing pro-
visions of the Anaheim Municipal Code:
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ATTY-26 (Page 2 of 2 Pages)
SECTION 18.06.060.0233 - Minimum number of parking
spaces. (60 required;
37 proposed)
SECTION 18.06.090.020 - Minimum length of drive-
through lane. (100 feet
between ordering device and
service window required;
approximately 80 feet
proposed)
subject to the .f_ollowing conditions:
1. That the owners 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.
2. That trash storage areas shall be provided in accord-
ance with approved plans on file with the Office of the Executive
Director of Public Works..
3. That the owners of subject property shall submit a letter
requesting the termination of Conditional Use Permit No. 1492 to
the Planning Department.
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 4; provided, however,
that the central driveway be widened to accommodate two lanes
ingress and two lanes egress and that the "bubble" be eliminated
providing a continuous left turn.
5. That Condition No. 3, above-mentione~
with prior to the commencement of the activity
this resolution, or prior to the time that the
is issued, or within a period of one year from
ever occurs first, or such further time as the
may grant.
~, shall be complied
authorized under
building permit
date hereof, which-
Planning Commission
6. That the proposed expansion of a drive-through restau-
rant shall comply wit'n all signing requirements of the "CL(SC)"
COMMERCIAL, LIMITED (SCENIC CORRIDOR OVERLAY) ZONE.
7. That Condition Nos. 2, 4 and 6, above-mentioned, shall
be complied with prior to final building and zoning inspections.
3E IT FURTHER RESOLVED that the City Council does
"'~ hereby find and determine that adoption of this Resolution is
expressly predicated upon applicants' compliance with each and
all of the conditions hereinabove set forth. Should any such
conditions, or any part thereof, be declared invalid or unen-
forceable by the final judgment of any court of competent juris-
diction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
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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 owners, their heirs, 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 12th daxof May, 1981.
OF THE C,aTY OF ~,I~TAHEZM
ATTEST: LINDA D. ROBERTS, CITY CLERK
DEPUTY ITY CLERK OF~THE CITY OF ANAHEIM
JL'W: fm
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAIiEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 81R-222 was introd~:ce2 and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 12th day of May, 1981, by the following vote of the members thereof:
AYES: COUNCIL MEMI+ERS: 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. 81R-222 on the 12th day of May, 1981.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 12th day of May, 1981.
LINDA r. ROBERTS, CITY CLER1~:
B ~t.r-
DEPUTY CITY CLERK
(SEAL)
I, LINDA'D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 81R-222 duly passed and adopted
by the Anaheim City Council on May 12, 1981.
LINDA D. ROBERTS, CITY CLERK
c~~` 1...
EY 6(,.,
pEFUTY; CITY CLERK