1975-164RESOLUTION NO. 75R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 1492
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from RAYMOND G. SPEHAR, owner, to permit a drive- through rest-
aurant on the following described property:
All that certain land situated in the State of Cali-
fornia, County of Orange, City of Anaheim, described
as follows:
That portion of the land allotted to Kalisher and
Wartenburg in the Final Decree of Partition of the
Rancho Santiago de Santa Ana, which was entered
September 12, 1868 in Book "B" page 410 of Judgments
of the 17th Judicial District in and for Los Angeles
County, California, described as follows:
Beginning at the Northeasterly corner of the land
described in deed to the State of California re-
corded October 30, 1956 in Book 3693, page 374 of
Official Records of Orange County, California;
thence along the Easterly and Southerly lines of
said land the following courses: South 05 37' 27"
West 322.42 feet and North. 83° 37' 00" Wesc 15.00
feet to the Easterly line of the land described in
deed to the State of California recorded October 14,
1952 in Book 2395, page 522 of said Official Records;
th along said last mentioned Easterly line South
01 23' 00" West 420.00 feet to the True Point of
Beginning; thence South 88 37' 00" East 247.61 feet;
thence South 01° 23' 00" West 171.83 feet to a point
on the Northerly line of the land described in deed
to the City of Anaheim recorded May 19, 1970 in Book
9293, page 261 of said Official R::cords, said North-
erly line being a curve concave Southerly having a
radius of 1445.00 feet, a radial line of said curve
passing through said point bears North 13 43' 07"
East; thence Westerly along said Northerly line and
along said curve through a central angle of 09 54'
44" an arc distance of 250.00 feet to said last men-
tioned Easterly line of the land of the State of
California; thence along said last mentioned Easter-
ly line North 01° 23' 00" East 139.76 feet to the
True Point of Beginning.
AND WHEREAS, the City Planning Commission did hold a
public hearing at the City Hall in the City of Anaheim upon
said application on February 19 19 75, notices of which
said public hearing were duly given as required by law and the
provisions of Title 18, Chapter 18.76 of the Anaheim Municipal
Code; and
WHEREAS, 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. PC75 37 Series
granting in part Conditional Use Permit No. 1492
and
WHEREAS, thereafter within twenty -two (22) days from
the date of the adoption of said resolution, a written appeal
was filed with the City Council protesting the action of the
City Planning Commission in cr�^a
n i n na rtsaid conditional
use permit and said appeal was set for public hearing on
April 1 19 at the City Hall, in the City of
Anaheim, and notices of such public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.76
of the Anaheim Municipal Code; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hear-
ing 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 con-
sideration of the recommendations of the City Planning Commis-
sion 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
adjoining 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 high-
ways designed and improved to carry the traffic in
the area.
5. 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the action of the City Planning Commis-
sion in `in7 in partsaid conditional use permit be, and the
same is here y sustained and that Conditional Use Permit
No. 1492 be, and the same is hereby, granted permitting
a drive through restaurant on the afore described property with
waivers of the following sections of the Anaheim Municipal Code:
SECTION 18.05.091.011 Permitted signing. (Free stand-
ing signs not permitted in SC
Zone; one free standing menu
sign allowed)
SECTION 18.06.060.0233 Minimum number of parking
spaces. (58 spaces required;
47 spaces proposed)
That said Conditional Use Permit be granted subject to the
following conditions:
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1. That the owner(s) of subject property shall deed to the
City of Anaheim a 25-foot radius property line return at the north-
east corner of La Palma Avenue and Imperial Highway.
2. That street lighting facilities along La Palma Avenue
and Imperial Highway shall be installed as required by the Director
of Public Utilities, and in accordance with standard plans and
specifications on file in the Office of the Director of Public
Utilities and that a bond in an amount and form satisfactory to
the City of Anaheim shall be posted with the City to guarantee the
installation of the above-mentioned„requirements.
3. That trash storage areas shall be provided and relocated
in accordance with approved plans on file with the Office of the
Director of Public Works, as stipulated to by the petitioner.
4. That fire hydrants shall be installed and charged as re-
quired and determined to be necessary by the Chief of tie Fire
Department prior to commencement of structural framing.
5. That subject property shall be served by Underground
utilities.
6. That a six-foot masonry wall shall be installed along
the north property line and a ten-foot wide landscaped strip shall
be installed south of and adjacent to said wall within a period of
two years from the date of this resolution, or at such time as the
property immediately to the north develops for residential purposes,
whichever occurs first; and that a bond in an amount and form sat-
isfactory to the City of Anaheim shall be posted with the City to
guarantee the installation of said wall and landscaping.
7. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
8. That an encroachment permit shall be obtained from the
City for the proposed encroachment in the storm drain easement ad-
jacent to Imperial Highway.
9. In the event that subject property is to be divided for
the purpose of sale, lease, or financing, a parcel map, to record
the approved division of subject property, shall be submitted to
and approved by the City of Anaheim and then be recorded in the
Office of the Orange County Recorder.
10. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit No. 1 (Revision No. 1), and Exhibit Nos.
2, 3, 5, 6 and 7; provided, however, that the proposal shall be
constructed in accordance with site development standards of the
CL (SC) Zone with exception that a minimum of 46 parking spaces
shall be permitted; and that construction of the wall and land-
scaping along the north boundary may be deferred in accordance
with the provisions of Condition No. 6 above; and that the menu
board proposed in the northeast portion of the property shall be
permitted.
11. That Condition Nos. 1, 2, 6, 8 and 9, above-mentioned,
shall be complied with prior to the commencement of the activity
authorized under this resolution, or prior to the time the build-
ing permit is issued, or within a period of one year from date
hereof, whichever occurs first or such further time as the Plan-
ning Commission and/or City Council may grant.
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12. That Condition Jos. 3, 5, 7 and 10, above-mentioned,
shall be complied with prior to final building and zoning inspec-
tions.
BE IT FURTHER RESOLVED, that the City Council hereby
reserves the right to revoke such Conditional Use Permit for good
cause or failure of said owner, his heirs, successors or assigns
to comply with the Anaheim Municipal Code and regulations and the
conditions therein.
THE FOREGOING RESOLUTION" is approved and signed by me
this 1st day of April, 1975.
ATTEST:
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CITY CLERK OF THE ITY OF ANAHEIM
FAL, JR:fm -4-
MAY R OF THE C Y OF ANAHEIM
(SEAL)
1, ALONA
hereby certify that
75R -164 duly passed
April 1, 1975.
STATE OF CALIFORNIA
COUNTY OF ORANGE ss,
CITY OF ANAHEIM
I, ALONA M, HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No, 75R -164 was intro-
duced and adopted at a regular meeting provided by law, of the City
Council of the City of Anaheim held on the 1st day of April, 1975,
by the following vote of the members thereof;
AYES: COUNCIL MEMBERS: Kaywood, Seymour and Thom
NOES; COUNCIL MEMBERS: Pebley and Sneegas
ABSENT; COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 75R -164 on the lst day of
April, 1975,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City of Anaheim this lst day of April, 1975,
CITY CLERK OF THE CT'Y OF ANAHEIM
M. HOUGARD, City Clerk of the City of Anaheim, do
the foregoing is the original of Resolution No.
and adopted by the Anaheim City Council on
C 7/
City Clerk