1981-133RESOLUTION N0. 81R-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM f~RANTIN(3 CONDITIONAL USE PERMIT
N0. 2174 .
WHEREAS, the City PlanninE Commission of the City of
Anaheim did receive an application for a conditional use permit
from WATT COMMERCIAL PROPERTIES, INC., owner, and PIONEER
TAKE-OUT CORPORATION, agent, to permit a drive-through restau-
rant on certain real property located in the City of Anaheim,
County of Orange, State of California, legally described as:
Parcel 6 of Parcel Map No. 79-227 as recorded in
Book 148, Page 27, of maps in the office of the
County Recorder of the County of Orange, State of
California; and
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 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, was unable to act on said application
due to a tie vote among its members on said application; and
WHEREAS, thereafter, the application was referred to
the City Council for review 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 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 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.
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ATTV-26 (Paps 1 of 2 Papsa)
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 Conditional Use Permit No. 2174 be, and
the same is hereby, granted permitting a drive-through restaurant
on the hereinabove specified property, subject to the following
conditions:
1. That trash storage areas shall be provided in accordance
with approved plans on file with the Office of the Executive Director
of Public Works.
2. That the proposed building shall comply with the Fire Zone
1 Specifications or shall be completely sprinklered.
3. That the proposed drive-through restaurant shall comply
with all signing 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 4.
5. That Condition Nos. 1, 2, 3 and 4, above-mentioned, shad
be complied with prior to final building and zoning inspections.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the con-
ditions hereinabove set forth. Should any such conditions, or any
part thereof, be declared invalid or unenforceable by the final
judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
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~24t1~, d~f March, 1981.
OF THE CJlTY OF ANAHEIM
ATTEST:
~~ ~_
CI CLERK OF T CITY OF ANAHEIM
n~
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. 81R-133 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 24th day of March, 19$1, 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. 8IR-133 on the 24th day of March, 1981.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 24th day of March, 1981.
CITY CL RK OF THE CI OF ANAHEIM
(SEAL)
I, LINDA D. I~OBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 81R-133 duly passed and adopted
by the Anaheim City Council on March 24, 1981.
CITY CLERK