86R-223
RESOLUTION NO. 86R-223
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2747.
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 MC DONALD'S CORPORATION, 8840 Complex Drive, San Diego,
California 92123, ATTN: SKIP STERLING, owner, and DONALD
DUNKLEMAN, 940 East Chapman Avenue, Orange, California 92666,
agent, upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
PARCEL 1: BEING THE WEST 165 FEET OF THE EAST 340 FEET
OF THE NORTH 201 FEET OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION
14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN RANCHO LOS
COYOTES, CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF
RECORDED IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY;
EXCEPTING THE NORTH 66.00 FEET THEREOF.
PARCEL 2: BEING A NON-EXCLUSIVE RIGHT-OF-WAY FOR
INGRESS AND EGRESS OVER AND ACROSS, AND FOR PUBLIC AND
PRIVATE UTILITIES UNDER THE FOLLOWING DESCRIBED LAND:
BEGINNING AT A POINT ON THE NORTH LINE OF SECTION 14,
TOWNSHIP 4 SOUTH, RANGE 11 WEST (SAID NORTH LINE ALSO
BEING THE CENTERLINE OF LINCOLN AVENUE) DISTANT
THEREON SOUTH 890 41' 29" WEST 340.00 FEET FROM THE
NORTH QUARTER CORNER, SECTION 14, TOWNSHIP 4 SOUTH,
RANGE 11 WEST, THENCE SOUTH 00 16' 25" EAST, PARALLEL
WITH THE EAST LINE OF THE NORTHWEST QUARTER, SECTION
14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, (SAID EAST LINE
ALSO BEING THE CENTERLINE OF WESTERN AVENUE, 201 FEET;
THENCE NORTH 890 41' 29" EAST PARALLEL WITH SAID NORTH
LINE, 70.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 890 41' 29" EAST 25.00 FEET;
THENCE SOUTH 00 16' 25" EAST 20.00 FEET; THENCE NORTH
890 41' 29" EAST 200.00 FEET TO A POINT ON THE WEST
LINE OF WESTERN AVENUE; THENCE SOUTH 00 16' 25" EAST
ALONG SAID WEST LINE, 25.00 FEET; THENCE SOUTH 890 41'
29" WEST 225.00 FEET; THENCE NORTH 00 16' 25" WEST
45.00 FEET TO THE TRUE POINT OF BEGINNING; 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
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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. PC86-8 granting
Conditional Use Permit No. 2747; 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
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
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 adjoin-
ing land uses and the growth and development of the area in which
it is proposed to be located.
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.
S. 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
18.06.080 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. The variance(s) will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance(s) under the conditions
imposed will not be detrimental to the peace, health, safety or
general welfare of the citizens of the City of Anaheim.
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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, affirmed and that
Conditional Use Permit No. 2747 be, and the same is hereby,
granted permitting expansion of an existing drive-through
restaurant on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
Minimum number of parking
spaces (51 parking spaces
required; 36 parking
spaces proposed)
subject to the following conditions:
SECTIONS 18.06.050.0233
18.06.080
AND 18.44.066.050
1. That the driveway shall be reconstructed to accommodate
ten (10) foot radius curb returns as required by the City Traffic
Engineer.
2. 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.
3. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division; and that said
enclosures shall be properly and continuously maintained to
prevent garbage, cooking fat or other trash from going onto
adjacent properties.
4. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 1 through 3.
5. That the following modifications shall be made to
existing facilities: (a) a sewer connection shall be installed
between the public sewer and the grease drainage area in the trash
enclosure and a new grease sump pump and drain be installed in
that area and a raised curb or lip be constructed around that area
to prevent any grease from flowing away from that area; (b) any
damaged block wall along the property lines of the subject
property be repaired; (c) two new speed bumps be installed, one on
the line between Parcell and Parcel 2, and the other at such
location on Parcel 2 as approved by the City Traffic Engineer; and
Cd) the remaining speed bumps on the subject property be raised to
a level approved by the City Traffic Engineer so as to effectively
decrease the speed of on-site traffic to a safe level.
6. That petitioner shall take every action possible to
prevent persons employed on the subject property from parking
off-site.
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7. That prior to final building and zoning inspections,
Condition Nos. 1, 3, 4, and S, 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.
City
THE FOREGOING RESOLUTION is approved and adopted by the
Council of the City of Anahei:A:~~T~6'
ATTEST:
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THE .- C 0 NAHE 1M
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CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE SSe
CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do here~ certify that
the foregoing Resolution No. 86R-223 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 27th day of May, 1986, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Bay, Pickler and Roth
NOES: COUNCIL MEHBERS: None
ABSTAINED: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-223 on the 27th day of May, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 27th day of May 1986.
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CITY CLERK OF THE CITY OF ANAHEiM
(SEAL)
1, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 86R-223 duly passed and
adopted by the Anaheim City Council on May 27, 1986.
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CITY CLERK
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