1976-607! •
RESOLUTION NO. 76R-607
A RESOLUTION OF THE CITY COU%TCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 1646.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from Foodmaker, Inc., owner; John McLachlan, agent, to permit
the continued use and expansion of a drive-through restaurant
on the following described property:
The west 135.00 feet of the south 365.00 feet
of the west half of the southwest quarter of the
southeast quarter of Section 13, Township 4 South
Range 11 West, in the Rancho Los Coyotes, in the
City of Anaheim, County of Orange, State of Cali-
fornia, as per map recorded in Book 51 Page 11 of
Miscellaneous Maps, in the Office of the County
Recorder of said County.
EXCEPT the north 175.00 feet thereof.
AND WHEREAS, the City Planning Commission did hold a
public hearing at the City Hall in the City of Anaheim upon said
application on August 30, 1976, notices of which said public hear-
ing 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, investi-
gation 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. PC76-161 granting Conditional Use
Permit No. 1646, subject to certain conditions; 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 Plan-
ning Commission in granting said conditional use permit and did
thereupon fix the 28th day of September, 1976, as the time and the
Council Chamber in the City Hall 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 consider-
ation 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.
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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 im-
pose an undue burden upon the streets and highways 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 granting said conditional use permit be, and the same is
hereby, sustained and that Conditional Use Permit No. 1646 be,
and the same is hereby, granted permitting the continued use and
expansion of a drive-through restaurant on the aforedescribed
property with waivers of the following sections of the Anaheim
Municipal Code:
SECTION 18.06.060.233
SECTION 18.44.064.020
Minimum number of parking
spaces. (25 required; 15
proposed)
Maximum driveway width.
(30 feet permitted; 40 feet
proposed)
That said Conditional Use Permit is granted subject to the follow-
ing conditions:
1. That this Conditional.Use Permit is granted subject to
the completion of Reclassification No. 76-77-12, now pending.
2. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 1, 2 and 3.
3. That trash storage areas shall be provided in accordance
with approved plans on file with the Office of the Director of
Public Works.
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, its successors or assigns to com-
ply with the Anaheim Municipal Code and regulations and the con-
ditions therein.
THE FOREGOING RESOLUTION .is approved and signed by me
this 28th day of September, 1976.
i`.
OR 0 THE CITY OF ANAHEIM
ATTEST:
Zj
CITY CLERK OF THR CITY OF ANAHEIM
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0 i
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby
certify that the foregoing Resolution No. 76R-607 was introduced
and adopted at a regular meeting provided by law, of the City Council
of the City of Anaheim held on the 28th day of September,1976, by the
following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour and Kott
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved
and signed said Resolution No. 76R-607 on the 28th day of September, 1976.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Anaheim this 28th day of September, 1976.
CITY CLERK OF THE CITY OF ANAHEIM
-(SEAL)
I. LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 76R-607
duly passed and adopted by the Anaheim City Council on the 28th day of
September, 1976.
41)
CITY CLERK