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PC 70-90~ RESOLUTION NU. PC70-90 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR CONDITIONAL USE PERMIT 1176 gg APPROVED IN PART WHEREAS, the City Flanning Commission of the City of Anaheim did receive a verified Petition for Con- ditional Use Permit from NICI~OLAS LOVALIS, 1624 Chanticleer Road, Anaheim, California 92802, Owner; JOFN VOGELZANG (TACO BELL), 2424 Moreton Street, 1'orrance, California 90505, Agent of certain real property situated in the City of Anaheim, County of Orange, State of Cal~fornia, described as that portion of the southwest quart?r oi the southwest quarter of section 18, iownship 4 Sou~h, Range 10 West, in the Rancho Los Coyotes, as per map recorded in book 51 page 10 of Miscellar~eous Maps in the office of the county recorder of said county. Beoinning at a point on the Souoh line of said Section, East 294.00 feet from the southwes't corner thereof; thence North 0 17' 20" East 236.00 ieet paralleJ. with the West line of said section to the southwest corner of Lot 7 of Tract No. 1446, as shown on a map re.:orded in book 72 pages 5 and 6 of said M~scellanec,us Maps; thence South 89~ 59' 47" East 200.00 feet along the South line of said Tract; thence South 0° 17' 20" West 236.00 feet parollel with the West line of said section to i:he South line of said section; thence North 89 59' 47' VJest 200.00 feet to the point uf beginning. EXCEPT the West 120.00 feet thereof. ; ead WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on June 2, 1970, at ~:00 o'clock P.M., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal code, Chapter 18,64,to hear and consider evidence For and ageinst said proposed conditional use end to investigete and make findings and recommendations in connection therewith; and WHEREAS, said Commissian, after due inspection, investigetion, and study made by itself and in its be- helf, and after due consideration of a1; evidence and reports offered at said hearing, does find and determine the folluwing facts: 1. That the proposed use is properly one for which a Conditionel Use Permit is authorized by Code; Section 18.40.060, to wit: establish a walk-up restaurant having outdoor eating facilities with waiver of: SECTION 18.62.090(A-1~ - Maximum permitted number of free-standinq si ns. (1 permitted; 2 proposed). 2. That waiver of the maximum permitted number of free-standing si9ns is hereby denied on the basis that the Sign Ordinance provides for adequate signing of subject property, and the special si.gning proposed can be accomplished through the empioyment of a wall sign. 3. That the proposed use wi.ll not adversely affect the adjoining land uses and the growth and developmeni: of the area in which it is proposed to be located. 4. That the size and sha~~e of the site proposed for the use is adequate to aliow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health. safety, and general w~lfare of the Citizens of the City of Anaheim. 5. That the grant?ng of the Condition~l Use Permit, as approved and under the condit.ions imposed, if any, will not be det:imentai to the peace, hc.~alth, safety and general welfare of the Citizens of the City of Anah~im. ~ ~ CI-D _1_ r, F ~ :~ ; ~ ,~" NOW, THEP.EFURE, BE IT RFSOLVC-D that the Anaheim City Planning Commission does hereby 9rant subject Petition for Conditior~al Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City cf Anaheim. 1. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along IIall Road, for street lighting purposes. 2. That the owr,er of si~bject property shall pay to the City of Anaheim the sum of 15~ per front foot along Ball Road, for tree planting purposes. 3. That trash storage areas shall be provided in accoruanr~~ With approved plans on file with the office of the Director of Public Works. 4. That fire hydrants shall be installed as required and deterRined to be necessary by the Chief of the Fire Department. 5. That al! air-conditioning facilities shall be proper).y shielded rrom view. 6. That any parking area lighting proposed shall be down-lighting of a maximum ;ieight of 6-feet, which lighting shall be directed away from the property lines to protect the residential 9nte;ri±y of the area. '- lhat a 6-foot masonry wall shall be constructed along the north property line. ~• ~hat subject property shali be served by underground utilities. ..hat Condition Nos. 1 and ?, above mentioned, shall be complied with prior to the cvc„iienc,~r~ent of the activity authcrize~l ur.der this resolution, or prior to the time that the ~~:_ldiny permit is issued, or within ~,eriod of 180 days, whichever occurs first, or such furth?r time as the Plannino Comrnission or City Council may grant. 10. That Condition Nos. 3, 4, 5, 6, 7, and 8, above mentioned, shall be complied with prior to final building and zonino inspections. 11. That subject property shall be developed substaniially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, 3, and 4, except that the second free-standing sign be eliminated. THE FOREGOING RESOLUTION gs signed and a~prov d by m 's llth y of June 1970. ~ C AIRhi ANAHEIM CITY PLANNING COMMISSION .4TTEST: ~7Z'YL'~ ~l ~f ~~M/ SECRETARY ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFnRfJIq ) COUNTY OF ORANGE ) ss. CITY 0: ANAHEIM ) I, Ann h:rebs, Secretary of the City Planning Commission of the City of Anaheim, do hereby certify that tne foreyoing resolution was passed and adopted at a meeting of the City Plannin9 Commission of the City of Anaheim, held on June 2, 1970, at 7:00 0'clock P.M., by the followinq vote of the members thereof: _ AYa ~ COMd~IISSIONERS: Allred, Farano, Gauer, Herbst, Kaywood, Seymour, Rowland. NOES: CON~MISSIOi4ERS: None. ABSETJT: COMMISSIONERS: None. IN WIINESS WHEREOF, ? hzve hereunto set my hand this llth day of June, 1970. _~~1 L-z ~_~ /yu l~~ S CCRETARY ANAHEIM CITY nLANNING CAMA~ISSION Res. No. 90 ~ ~ ~ I, ;~~ r . i