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PC 70-132. ~ RESOLUTION N0. PC70-132 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAi PF.TITION FOR CONDITIONAL USE PERMIT 1191 gE DENIED WHEREAS, the City Planning Commission of the City of Anaheim did receive a verified Petition Eor Con- ditional Use Permit from ENLOE PROPERTIFS ~ INCORPORATED~ ;b' LEONpRD SMITH REAL FSTATE~ 125-D South Claudina Street, Anahpim, California 92805, Owner; LEONARD SMITH REAL ESTATE, 125-D South Claudina Street, Anaheim, California 92805, Agent of certain real property situated in the City of Anaheim, County of Orange, ~tate of California, describ?d in Exhibit "A" attached hereto and referred to herei~ as though set forth in full. ; and WHEREAS, the City Plenning Commission did hold e public hearing at the City Hall in the City oE Maheim on July 27~ 1970 at 2:00 o'clock P.M., notice of seid public hearing having been duly given as required by law and in accordance with the provisions of the Maheim Municipel code, Chapter 18.64,to hear end consider evidence for and ageinst said proposed conditionel use and to investigate end meke findings end recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation, end study mede by itself end in its bc- half, and after due consideration of ell evidence nnd reports offered at said hearing, does f~.nd and determine the . following facts: 1. Thet the proposed use is properly one for which a Conditional Use Permit is authorized by COde: Section 18.40.060(e) to wit: establish a drive thru restau•rant with waivers of: a. SF('TT(1N 1R.4(1 mnln_.._.,__,.~ __Minimnm r o ~;ra~ ~ff straat~rl-`~~ ~`• (-4 oa. s required for both the dry cleaners and the proposed rest- aurant; a total of 28 spaces, propused. 10 spaces required for the restaurant alone; ? spac,e~, proposed). b. SEC'fION 18.62.090(B-1) - Minimum distance between free-s an in si ns. 3U0 feet required; 10 fee2 and 4~ proposed . c. SECTION ]8.6 .090(B-2) - Minimum required sipn elevatiun. (Minimum s ign height required is 8 fg~,~,; ~ proposed). 2. That the proposed use is too intense as there is inadequate"stacking" space provided for vehicles waiting for food orders since only eight cars could be stacked on the property without encroaching over the public right-of-way line. 3. That the proposed use could create undesirable traffic conflicts during peak periods of the day due to the many restaurants and other commercial uses located immedi- ately adjacent to subject property. • 4. That the size and shape of the site is inadequate to allow for full development of the proposed use in a manner not detrimental to the area and to the peace, health, safei:y, and general welfare of the Citizens of Anaheim and this area in particular. 5. That the prooosed use will have an adverse affect on the adjoining land uses. 6. That other more compatible and less intense uses can 4e placed upon this parcel. ~ CI-D -1- ~ ,i _ _ .__ .. ~~ ~:~~ ~ , ,. }~ O ~,1 ~ . ,~ ~ .. ~ Title Insurance ar~cl ~rust Company~~'=-~ l~i~.~ ~~'_ ~ s~.' ,` ' ~ ~ ~ ~ ORANGE COUNTY OFFICE ~/ ~ I~ ~, ' ~ . 800 NORTH MAIN STREET SANTA ANA , ~ • ~'HONE 547.3333 ~ _ /~_ ~ . ' ~ . . June 15, 1966 .. . i~.: ;1~ ,,' ,•.. ~ . j' ~~,.~~~~ ~ ~ . Ib1I'ORTANT .. • Leon~.rd Smith Real Estate ~Vhcn rcplying refet to . • 125-D South Cl~.udina Street O°~nO• 436175-LS ~~~ •• ~`~ • ~ . •. Anaheim, Cai ifornia ::.~ ~' ~ . Attn: :•1r, Leonard Smith ~'ourNa LASS. SR. ~` ~ Thc follo~ving is a rrport of thc titlc to thc land drscribed in your ap~>Iicution for a• Policy of Tidc Insurunce; ~and is ~~ {,''~ madc ~rithoue -i~~~~j~~y U~~~~ ~~.~~~~~~~ o~~~~h~~~i~n to i~.ue such policy. fn addition to any excrp~ions shown herein, nnd ~ not clrared, thc pnlicy, if i.,u~•d, w,il1 contai~~ ~on~~tions nnd stipulations und !io r.~x~~ption, from iLv r.ovrrn c as ma ' bc rrquircd by thc ~,articulnr form of policy is,uad. 6 y. '~ •1 Dated ns of_,Ii1S1 ' . ~/ " .' c 7 4--7.~ 4-~-_.ut 7:30 a.m. ~~G~ ~~ ~.r ' i ~' / ~'_`'L__~~-"`~ Vcstce • S I S C0 , /T'idc 0~ _ _ _ LL/ ,. ~,~~ r~\ .''. .. , _.: . cc ~ _. . ._ --.__ . _ .. ,_. ~' ENLOE PROPERTIES INC, ~' ~ ~~~' * '~ ~ , a California corporatio (~ ~`~=~"~ n. o,L~;. ,., 9~ ; I' ~ i ' PARCEL 1: ~~ .O. ~ • ' . •1~~ C~~3~~~~. u1 ' ~; ..... ;;/'.:•~..:~.5' : ~ ' ° T liat portion of Lot 26 of "Anaheim Extenszon", in the city of,' I ~ Anaheim, catint of Oran~e ~ 1. ~ - map of survey made by IVilliamaHanel andlfiledaforsreco d~n a~ the office of the county recorder of Los An~eles County, des- cribed as follo-ti~s: i ~ ~. ~ ~ € {~ Aeginning at the southwest corner of said Lot ~i, said point bcing tlie intersection of the centerline of Lemon Street z,~ith the centerline of Ball Road, as shown on said survey; thence Nort}~ 3~O 55' 15" L'•ast 280.00 feet zlong the South line of • said Lot 26 to the southwesterly corner of the land conveyed ` to Sarah Bennett, a ~oidow, by deed recorded February 16, 1953, G in book 2~54 paoe 57, Official Records; thencc northerly along ~ the iaesterly linc of said land to a line parallel with and 120 fcet southeasterly of thc North line of the land conveyed ~ to R. 1., f:e:tli ancl ti~ife by deed recorded Noveniber 1S, 1946 in bool; 1,5G ranc 555, Official Rccords; t3icnce South 74° 20' 15" ~ lt'est 2"i,82 fcet along said parallel line to a point in the , {t~cst line of said Lot 26, being the centerline of Lemon Srr~~t I thence Socit)i 15° 23' h5" East 211.89 feet alon~ said 14est line to the point of Ucginning. EXCEPT tne nortlieasterly 115.50 feet thereof, measured along_-~ the northwesterly line of said land. ; ~~'' '~~J~°~'! ALSO I:XCEPT the remainder thereof the northwesterly 20:00,^fe~~t ;: : tiiereof . ~ :~ . ~, . i- O`~ • c~ ;.~ . ,~~L.. i: _ i 'r . , ; . l,~ i ~ ~3 ~ ~ NOW, THEREFORE, BE IT RESOLVED thot the Aneheim City Planning Cnmmission does hereby deny subJect Petition for Conditional Use Permit on the basis of the aforementianed findIngs. THE FOREGOING RESOLUTION is signed end approved by me.this 6th day of August, 1970. ~~ ~/~ , ~ ~,~- '~" s(1 't ~ ~-~i ~9 ~ CHAIRMAN ANAHEIM CITY PLANNING COMMISSION ' ATTEST: I C~~~~. SECRETARY ANAHEIM CITY PLANNING COMMISSION S'd"ATE OF CALIFORNIA ) COUT'TY 0~ Oi2ANGE ) ss. CITY OF ANAHEIM ) I, Ann Krebs, Secretary of the Clty Planaing Commiasion of the City of Anehefm, do hereby certify thet the fore- going resolution was passed end edopted et e meeting of the City ?lenning Commission of ffie City of qnaheim, held on July 27, 1970, , at 2:00 o'clock P.M., by the following vote of the members thereoE: AYES: COMMISSIONERS: Farano, Gauer, Kaywood, Ro~uland, Seymour, Herbst. NOES: COMMISSIONERS: None. AHSENT: COMMISSIONERS: Allred. IN WITNESS WHEREOF, I heve hereunto set my hand thie 6th day of Augus t, 1970. ~ ` RESOLUTION N0. 132 i; C2-D !j ~ ,,,~ ~ 'I ! . ~ ~J ~ ~ ~.. SECRETARY ANAHEIM CITY PLANNING COMMISSYON -Z-