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87-236A RESOLUTION NO. 87R-236A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2904. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code from CHRISTOS PANAGIOTIS TSACHPINIS AND TASSOULA TSACHPINIS, 156 Calle Diaz, Anaheim, California 92801, owners, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: THE NORTH 288 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK Si, PAGE 7 ET SEQ., MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPT THE EAST 524 FEET THEREOF. ALSO EXCEPT THE NORTtt 66 FEET THEREOF. ALSO EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF THE HEREIN DESCRIBED LAND, EASTERLY 60 FEET FROM THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE WESTERLY TO SAID WEST LINE; THENCE SOUTHERLY 20 FEET; THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID LAND, 40 FEET; THENCE NORTHEASTERLY IN A DIRECT LINE TO THE POINT OF BEGINNING. PARCEL 2: AN UNDIVIDED 1/15TH INTEREST IN THE WEST 10 FEET OF THE EAST 334 FEET OF THE SOUTH 20 FEET OF THE NORTH 288 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOhN ON A MAP THEREOF, RECORDED IN BOOK 51, PAGE ?, ET SEQ. MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, TOGETHER WITH AN UNDIVIDED 1/15TH INTEREST IN AND TO THE WELL, PUMPING PLANT, EQUIPMENT AND APPURTENANCES THERETO LOCATED ON SAID LAND. PARCEL 3: AN EASEMENT TO BE USED IN COMMON WITH OTHERS FOR DOMESTIC WATER PIPE LINE OVER THE SOUTH 5 FEET OF THE NORTH 283 FEET OF THE WEST 190 FEET OF THE EAST 524 FEET OF THE NORTHWEST QUARTER OF NW 1/4 OF SECTION 13, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK Si, PAGE 7 ET SEQ. OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 4: AN EASEMENT TO BE USED IN COMMON WITH OTHERS, FOR INGRESS AND EGRESS OVER THE SOUTH 10 FEET OF THE NORTH 288 FEET OF THE WEST 190 FEET OF THE EAST 524 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 7 ET SEQ., MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; 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, did adopt its Resolution No. PC87-88 granting Conditional Use Permit No. 2904; 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 WttEREAS, 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 consi- deration 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 arid development of the area in which it is proposed to be located. -2- 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 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. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.03.040 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, sustained and that Conditional Use Permit No. 2904 be, and the same is hereby, granted permitting a drive-through restaurant on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.06.050.0233, - 18.06.080 AND 18.44.066.050 Minimum number of parking spaces. (34 spaces re- quired; 31 proposed) SECTION 18.44.064.010 Required landscaped set- back. (Minimum 3-foot wide landscaped setback adjacent to Dale Ave. re- quired; 0-3 feet proposed) subject to the following conditions: -2- 1. That ali driveways shall be reconstructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 2. That tile entrance to the drive-through lane shall be relocated westerly so as to provide a minimum twenty (20) foot wide driveway aisle to the east of the drive through entrance, as required by the City Traffic Engineer. 3. That the two existing most northerly driveways on Dale Avenue shall be removed and replaced with a standard curb, gutter, sidewalk and landscaping. 4. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 5. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view, and the sound buffered from adjacent residential properties. 6. That the proposal shall comply with all signing requirements of the CL Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 7. That any proposed parking area lighting fixtures shall be down-lighted with a maximum height of 12 feet and directed away from the southerly residential property line. 8. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that the curb separating the public sidewalk from the drive-through lane shall be increased in height twelve (12) inches subject to the City Traffic Engineer's approval. 9. That prior to the commencement of the activity authorized under this resolution, or final building and zoning inspections whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 7 and 8, above-mentioned, shall be complied with. 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 conditions 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. -4- THE FOREGOING RESOLU~'ION is approved and adopted by the City Council of the City o£ Anaheim this 9th day of June, 1987. MAYOR OF THE CITY OF PtNAHEIM CITY CLERK OF THE CITY OF ANAHEIM BG:fm 1951L 073187 CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 87R-236 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the llth day of August, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Pickler and Bay NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-236 on the 9th day of June, 1987. IN WI'DNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of June, 1987. CITY CLERK OF THE CITY OF ANAHEIM (SEAn) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-236 duly passed and adopted by the Anaheim City Council on June 9, 1987. C~F CITY THE OF ANAHEIM