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71R-029 RESOLUTION NO. 7lR-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM Grou~TING CONDITIONAL USE PERL\1IT NO. 1209. ~iHEREAS, the City Planning Commission of the City of F~aheim did receive an application for a conditional use permit fram Karcher & Associates, P.o. Box 4349, lUlaheim, California, 92803, owner; Carl Karcher Enterprises, Inc., P.O. Box 4349, Anaheim, California, 92803, agent, to permit establishment of a combination sit-down and drive-through restaurant with waiver of minimwn nUInber of required parking spaces on the fo11ovling described property situated in the City of Anaheim, County of Orange, State of California, to wit: Lots 2 and 3 of the Janss Subdivision, in the City of ~~aheim, as shown on a map thereof recorded in book 8, page 5, Miscellaneous ~ays, records of said Orange County. EXCEPT the Westerly 27 1/2 feet of said Lot 2. &~D vlliEREASr the City Planning Comnission did hold a public hearing at the City Hall in the City of Anaheim upon said application on November 16, 1970 and continued to November 30, 1970 and December 14, 1970, notices of which said public hearing were duly given as required by law and the provisions of l.'i tIe 18, Chapter 18. 76 of tIle li..naheim :-1unicipal Code; and WHEP~AS, said Commission, after due inspection, inves- tigation 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. PC 70-219, granting Conditional Use Permit No. 1209; and ~"lHERf::::AS: thereafter '\";'lithin t\'ienty-t\'10 (22) days from the date of the adoption of said resolution, a written appeal vias filed wit11 the City Council protesting tIle action of the City Planning CO~uission in granting said conditional use permit and said appeal was set for puolic hearing on January 26, 1971, at tile City Hall, in the City of Ananeim, and notices of such public flearing ';;vcre duly giVt~l1 as required by law alld the provisions of l:~~litle 18, i.:.:Ilapt.er 18. 7G of t:1e Anaheim ]Ylunicipal Codei and wEEPLAS, at the tuae and place fixed for said public hearing, t.lle City Council did duly 110ld and conduct such hear- I - a'" I 11 '.t J-'I, " .L. · t ~J:lg and 10. g~ve a J?ersons ~nc.eres ,-eo. 'ctlOreJ.n an ol)por\.-unJ. y to ::'e heard. al1ct did receive evidence and reports; and "C'friEP.EAS, tile City Council finds, aft.er careful con- sideration of 'cae recornr.1C:lldation.s of tIle City Planning Conunis- sian and all eviQonce and reports offered at said hearing, that: 1. The proposed use is properly one for which a condi.tional use permi t is authorized by the Anaheim Municipal Code. 2. The proposed use \vill not adversely affect the adjoining land uses and the gro\rth and development of the area in 'i.J.i"hich it is proposed to be located. -1- 3. The size and shape of the site proposed for the use is adequate to allo"" tile full development of -the ~roposed use in a manner not detrimental to the particular area nor .to the ~?eace, heal th, safety and general welfar~. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and high- \-,ays designed and unproved to carry the traffic in the area. 5. rr1:le granting of the condi tional use permi t under the conditions imposed "viII not be detrimental to the peace, nealth, safety and general welfare of the citizens of the City' of Ananeim. ~':rO~"J, IfHBllliFORE, BE IT RESOLVED }JY the City Council of tile City of Anaheim that tile action of tn.s City Planning Com- Inission in granting said conditional use permit be, and the same is hereby sustained, and that Conditional Use Permit No. l209 be, and the same is hereby granted permitting the establishment of a combination sit-down and drive-throug~ restaurant with waiver of tIle following A.nalleim >Iunicipal Code provision: SECTION 18.44.0~O(5~~~~) 7'.~inirnum number of required parking spaces. (16 spaces required; 15 proposed). That said condi tional use permi t 3)e granted subject to the following conditions: 1. Tl1.at the sidevlalks and drive\vays shall be relocated and repaired along Janss Street and Lincoln Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 2. 'lihat the O\v11er of subject J?roperty shall pay to the City of Anaheim the sum of $2.00 per front foot along Janss Street, for street lighting purposes. 3. That trash storage areas shall ;)e provided in accord- ance with approved plans on file witn the office of the Director of PQolic Works. 4. That all air-conditioning facilities shall be properly shielded from view. ~. That subject property shall be served by underground utilities. 6. That subject property shall be developed in accordance with C-l Site Development Standards. 7. That smiject property shall be developed substantially in accordance vlith plans and specifications 011 file with the City of ~~laheim, ~arkcd Exhibit No. 1 and Exriibit ~o. 2, Revision ~o. 2. -2- .:i;:. "~.-...."=i-'o..""'.. .-............~.~'::.-...-..-.~Mc._ s. That Condition No.2, above mentioned, shall be com- plied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from the date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 9. That Conditions Nos. 1, 3, 4, 5, 6, and 7, above mentioned, shall be complied with prior to final Duilding and zoning inspections. 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 l.llunicipal Code and regulations and the conditions herein. THE FOREGOIl~G RESOLUTIO}": is a9proved and signed by me this 26th day of January, 1971. r~EST: , , )~. )Po a;h:~ CI~Y CLERK OF THE CITY OF ANAHEIM ~ ~~ .~ . -'". . - - / , . r'.. ~ ,/ - .. '~j i!/,. .c.... .. ~-.. Y OF THE C TY ANAHEIl-1 - / STATE OF CALIFORNIA COUN'ry OF ORANGE CITY OF k~AHEIr."1 ) ) ) SSe I ('I""' .,.. \~ V:ILlIl.~.:S. ~~~TY CLLRK C..F T."d: ~I rv (n; "Y"v..:-l:-..i ~'. u. --.,' ;.,'t~:~~~Y ~;EHTIFY THAi" THE F()l~EG..;IN":J I.: H-i~~ . :'.::: JI.'1- <, . ,. .. .-l")LU'PUr-. i\fO. 71R-29 "IJULY ~,\.. ~ 0 .;\;~[) '" '- ,"" I . . 1: .J'-II. _._...____.__ AML' dY ~NA~,V~ cou,::.:r.. Ja~~J:i971 .~ ,,'to' ~v~~ . JJ .,ITV ,.....; .., I, DENE :vi. lJJILLIN.IS, City Clerk of the City of Anaheim! do here~y certify that the foregoing Resolution No. 71~-'9 was passed and adopted at a regular meeting of the City Counc1l held on the _ 26th day of January ! 1921-, by the following vote of the lnembers thereof: AYES = COmlCIU~rnN: Roth, Stephenson, Pebley, Thorn and Dutton NOES : COm~CILi:.mN : None ABSENT : COU1~CILI.mN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 26th day of January 1 19-1l-. IN WITNESS vniEREOF, I have hereunto set my hand and affixed the seal of the City of p.naheim this 26th day of J an nary , 191..l..._ · .~ h. )E~~~ CI Y CLERK OF THE CITY OF ANAHEI~i (SEAL) ~'lPH : kw -3~~