1976-379RESOLUTION NO. 76R-379
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 1616
VIHEREAS, the City Planning Commission of the Cite of
Anaheim did receive an application for a conditional use permit
from I e al Properties, owner; Robert D. Hauc;aard, Jr., agent,
to permit a drive-%a2rG)4 g restaurant and C.'"tons'+i..l.i.'.0 `s..3..Cin of three
commercial buildings on the followii-ig described. property:
That portion of Lot. 4 of the Dominguez Estate as
shown: on a Licensed Surveyor's Map filed in book 2,
page 15 of Record of Surveys in the office of the
County Recorder of Orange County, Cali form a,
described as follows:
Beginning at the Southwesterly corder € f Tract No.
7470 as shown on a Mai recorded M hock 326, pages
18, 19 and 20 of Miscellaneous _Maps, -records of
said Orange County, being a point on -the Northwest-
erly line of the Santa Ana Valley Irrigation Company
as described in deed recorded 2 -larch 7, 1940 in book
1033, pace 362 of Official Records; thence along
said. Northwesterly lire South 74' 10' 35" West
507.09 feet, North 150 A-91 25" West 3.00 feet an 3
South 74* 10' 35" West 290.59 feet to the South-
westerly corner of the land described in deed to
I. F. Gleason and wife recorded lay 22, 1951 in boo;
2191, page 226 of said Official Records, being the
True . Poinv of Beginning; thence continuing along
said Northwesterly line South7 4 o 10 .�.� r. oet
1 35 " West-
715.09
�.
715,09 feet to the beginning of a tangent curve con-
cave T�ortherly having a radius of 318.20 feet, and
Westerly along said curve through G central angle
o:f 09° 21' 14" an arc distance of 133.53 feet to a
point ,on. the Westerly lane of said Lot 4, a radial
line of said curve passing through said point hears
South 060 2'0.' 11" East; thence along said Westerly
line NTorth. 0•° 161 25" Yeast 609.25 feet to the South-
wes Lerly corner of the land described in deed to the
State of California recorded February 27, 1969 in
hook 3005,. page 5:17 of; said. Official Records; thence
along the Southeasterly line of said last mention.ed.
land North 700 23' i7" East 152.19 feet, North 600
52' 011" Nast 139.71 feet and. worth 560 00' 53" rasa.
179.51 .feet -o 6 the Northeasterly line of said. Lot
4; thence along said Northeasterly line South 31'
341 251' East 15-5.13 feet, South 500 34' 25" mast
1.2,00 Neat, and South. 651 119' 25" Nasi. 142.68 feet
to the Northwesterly corner of said lard of W • F.
—1—
ATTY-26 (Page 1 of 3 pages)
Gleason; thence along I ae Westerly li-ne 02 said
last mend' ned landSouthSouth 030 221 2"V' -,'sass 464.60
4:
eet to -�.Le 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 April 26 19 76 , notl ces 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,
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. P'76-80 Series
arantina Conditional Jse er it No. 1616,
i -n nPrIi-ain conditions i and
WHEREAS, thereafter, within twenty-two (22) days from
the date of the adoption of said resolution, the City Council
did elect, upon its own motion, to review the action of the City
Planning Commission in granting said conditional use
permit and did thereupon T'Ix—the 29th day of June
19_7'r_, as the time and the Council Chamber in the City .7all of
the City of Anaheim as the place for a public hearing upon said
conditional use permit, 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 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 consid-
eration 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
adjoining land uses and the growth and development
of the area in which it is proposed to be located.
The size and shape of the site proposed for th
use is adequate to allow the full development
the proposed use in a manner not detrimental t
the particular area nor to the peace, health,
safety and general welfare. I
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.
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ATTY-26 (Page 2 of 3 pages)
.yam 5. The granting; of the conditional use permit under
the conditions imposed will not be detrimental to
the peace, health, safety and general we1,fare 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
Commission grantin_ _ said conditional use, permit be,
and-;the,,same is hereby-, sustained ,. and that Conditional
Use Permit No. x.616 be, and the same is hereby,, granted
permitting; a drive-through restaurant --and construction of -three
(3) commercial buildings on the afore -described property with a
waiver of the following sections— -of the -Anaheim Municipal Code:
SEC-_10mi 18.06.060.020 - Mini-aun, nirciber of parking
spaces. (5.77 spaces required;
553 spaces proposed)
SECTION 1S. 84.062.,011 - -¢ink u i . struQtural setback
a.d j acent. toan expres swab' .
100 fe t required; 7 :gee
proposed)
That said onditional_use permit is granted subject to the foil w-
i:meg conditions
1. 71hat t. e property owner (s) shall proportionately, on the
basis of acreage, participate in the costs of `-ural 11ia�g a�,d Z.nstall-
ing a. traffic signal at the intersection, of Santa Ana Canyon Road.
and Via. Cortez, said part icipat-ion to be 35'06 of the ic-otal cost
($40,000) and a ioun.ting -to $148,000, and said amount- shall be pa.i .
prior to file issuance of building permits
2. That subject property shall be developed subst ntiall
in accordance with plans and specifications Oil file- with the City
of Zunaheirm marked EE,11ibit Nos. 1, 2, 3 and 4.
0. That all structures be located wi �n a t��nx �� a�� 10 d roca'a:
fone setbac�a pro i any edge of a�re}ten.t, current or planned, in une
future.
BE IT FU:THERE _SOL ED that the City council hereby re-
serves the right to revoke such Conditional Use Rerj,.14 . 'for goon.
Cause or failure o-rL- said owner, its successors or assigns to co-M-p1Y
with the 7inahein? «iuu.-iicipa.l Code and regulations and the conditions
therein.
THE FORT EOOING RESOLU'
this 29th day of JM'e, 1976.
,fir`1T7ES ,
4
"y CJi�' V THE n vi ki s..a
1, j"d `rte ..
ATTY-26 (Page 3 of 3 pages)
STATE OF CALIFORNIA
COUNTY OF ORANGE "ss.
CITY OF ANAHEIM
12 ALONA K. HOUGARD, City Clerk of the City of Anaheim, do hereby
certify that the foregoing Resolution No. 76R-379 was introduced
and adopted at a regular meeting provided by law, of the City Council
of the City of Anaheim held on the 29 th day of June, 1976, by the
following vote of the members thereof:
AYES: COUNCIL MEMBERS: Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS:
AND I FURTHER CERTIFY 'that' the Mayor of the City 6f Anaheim approved
and signed said Resolution No. 76R-379 on the 29th day of June, 1976.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of the City of Anaheim this 29th day of June, 1976.
CITY CLERK OF THE CITY//OF ANAHEIM
(SEAL)
I, ALONA M. HOUGA", City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 76R-379
duly passed and adopted by the Anaheim City Council on the 29th day of
June, 1976.
CITY CLERK