84R-447
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RESOLUTION NO. 84R-447
A RESOLUTJON OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2609.
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WHEREAS, ~pe City Planning Commission of the City of
Anaheim did receivel~n application for a conditional use permit
from KARCHER AND AS~PCIATES, owner, and CARL KARCHER ENTERPRISES,
ATTN: RICHARD RENN~, agent, P.O. Box 4349, Anaheim, California,
to expand a drive-t~rough restaurant and add an outdoor dining
area upon certain r~al property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
THAT PORTION ot LOT 20, BLOCK K OF THE KRAEMER TRACT,
IN THE CITY OF'ANAHEIM, AS SHOWN ON A MAP RECORDED IN
BOOK 12, PAGE(J;) 87 AND 88, OF MISCELLANEOUS RECORDS
OF LOS ANGELEStCOUNTY, CALIFORNIA, BOUNDED NORTHERLY
BY A LINE 53.00 FEET SOUTHERLY FROM AND PARALLEL WITH
THE NORTHERLY LINE OF SAID LOT 20, BEING ALSO THE
CENTERLINE OF ~ PALMA STREET; EASTERLY BY THE
WESTERLY LINE PF THE L~D CONVEYED TO THE ORANGE
COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED IN BOOK
5504, PAGE 8 0' OFFICIAL RECORDS OF SAID ORANGE
COUNTY; SOUTHEASTERLY BY THE NORTHWESTERLY BOUNDARY OF
PARCEL 1 OF TH~ LAND CONVEYED TO SAID DISTRICT BY DEED
RECORDED IN BOPK 7770, PAGE 822, OF SAID OFFICIAL
RECORDS; AND SOUTHWESTERLY AND NORTHWESTERLY BY THE
NORTHEASTERLY BOUNDARY OF THE LAND CONVEYED TO THE
STATE OF CALIFb~IA BY DEED RECORDED IN BOOK 6515,
PAGE 989, OF S~ID OFFICIAL RECORDS; 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 Municip~l Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due considera~ion of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC84-171 granting
Conditional Use Per~it No. 2609; and
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WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review olf said Planning Commission action at a duly
noticed public hearing; and
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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
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WHEREAS, the City Council finds, after careful consi-
deration of the rec~~mendations of the City Planning Commission
and all evidence an~ reports offered at said hearing, that:
1. The propo,ed use is properly one for which a conditional
use permit is authotized by the Anaheim Municipal Code.
2. The propo,ed use will not adversely affect the adjoin-
ing land uses and t~e growth and development of the area in which
it is proposed to be located.
3. The size .nd shape of the site proposed for the use is
adequate to allow t~e full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and 9~neral welfare.
4. The traffic generated by the proposed use will not
impose an undue bur~en upon the streets and highways designed and
improved to carry t~e traffic in the area.
5. The grant~ng of the conditional use permit under the
cond'itions imposed "~ll not be detrimental to the peace, health,
safety and general ~elfare of the citizens of the City of Anaheim.
NOW, THER~FORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, the
action of the City ~lanning Commission granting said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Per~it No. 2609 be, and the same is hereby,
granted permitting e~pansion of a drive-through restaurant with
addition of an outdpor dining area on the hereinabove described
real property, subj~ct to the following conditions:
1. That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid
to the city of Anaheim in an amount as determined by
the City Council for new commercial buildings.
2. That the e.xisting most westerly driveway on La Palma
Avenue shall be removed and replaced with a standard
curb, gutter, sidewalk and landscaping.
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3. That all d~iveways shall be redesigned to accommodate
ten (10) fQot radius curb returns as required by the
City Traf~ic Engineer.
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4. That the proposal shall comply with all signing
requirements of the ML Zone, unless a variance allowing
sign waivers is approved by the Planning Commission or
City Council.
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5.
6.
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That the ~wner of subject property shall submit a
letter regu. esting termination of Variance No. 2109 to
the Plann!ng Department.
That, at ,uch time as the City installs a raised median
("median") in La Palma Avenue easterly of Kraemer
Boulevard, the owner of the subject property shall,
within th~rty (30) days following receipt of a written
invoice ot demand by City, pay to the City of Anaheim
fifty per~ent (50%) of the cost of installation of that
portion of said meaian located in La Palma Avenue
fronting the subject property located between Kraemer
Boulevard on the west and the Carbon Creek Flood
Control Cb~nnel on the east, or the sum of Ten Thousand
Dollars (.u.O,OOO.OO), whichever is greater; prior to
issuance bf a builaing permit for the use herein
approved, the owner of the subject property shall
execute and record a covenant against the subject
property, in a form approved by the City Attorney's
Office, obligating the owner of the subject property to
make such payment.
7.
That SUbj~F.' t property shall be developed substantially
in accord pce with plans and specifications on file
with the. lity of Anaheim marked Exhibit Nos. 1
through 3 ~
8.
That prio~ to the time that a building permit is
issued, o~ within a period of one year from the date of
this resoU.ution, whichever occurs first, Condition Nos.
1, 5 and 6 above-mentioned, shall be complied with.
Extension~ for further time to complete said conditions
may be gr~pted in accordance with Section 18.03.090 of
the Anahe~~ Municipal Code.
9.
That prio~ to final building and zoning inspections,
Condition! ~os. 2, 3 and 7, above-mentioned, shall be
complied wii th.
10. That the ~titione~ shall provide weekly assistance, as
needed, ip removing litter from the adjacent industrial
property t:o the east.
11. That the petitioner shall provide security guards, as
required, iOn the premises of subject property to curb
problems pf loitering, and of drinking of alcoholic
beverages! ,or of other disturbances caused by young
people congregating on said premises.
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BE IT FURTHER RESOLVED that the City Council does
hereby find and dete!r'mine 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 ~rt thereof, be declared in~alid or
unenforceable by the! .final judgment of any court of competent
jurisdiction, then t~is Resolution, and any approvals herein
contained, shall be aJeemed nu'll and void.
THE FOREG~G RESOLOTION is approved and adopted by the
~;~~.council of the City of Anaheim t~ day~~
. MAYOR OF THE~-;
ATTEST:
CITY ~~E~~EIk
JLW:kh
18l4U
11/20/84
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STATE OF CALIFOlUlIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution NO.C. 84R-447 was introduced.and adopted at a regular
meetina provided by law, of he City Council of the City of Anaheim held on
the 13th day of November, 19 4, by the following vote of the members thereof:
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AYES:
COUNCIL MEMBERS: Kaywood, Bay, Overholt and Pickler
NOES:
COUNCIL MEMBERS: None
ABSENT.
COUNCIL MEMBRS: ( Roth
AND I rURTHER certify that t~e Mayor of the City of ~heim signed said
Resolution No. 84R-447 on th. 13th day of November, 1984.
IN WITRESS WHEREOF, I have htreunto set my hand and affixed the seal of the
City of Anaheim this 13th day of November, 1984.
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C1TY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEOMORA N. SOUL, City Cle!k of the City of Anaheim, do hereby certify that
the foregoIng is ~he orlglna of Resolution No. 84R-447 duly passed and
adopted by the Anaheim City ouncil on November 13, 1984.
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