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1977-199RESOLUTION NO. 77R -199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1681. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from DUNN PROPERTIES CORPORATION, owner; and KENNETH H. BATES, agent, to permit a drive- through restaurant on the following described property: Parcel 7, in the City of Anaheim, County of Orange, State of California, as shown on a parcel map filed in Book 79, Pages 43 and 44 of Parcel Maps, in the office of the County Recorder of said county. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on January 31, 1977, 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, 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. PC77 -32, denying Conditional Use Permit No. 1681; and WHEREAS, thereafter within twenty -two (22) days from 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 denying said conditional use permit and said appeal was set for public hearing on March 22, 1977, 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 consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: -1- 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 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 Commission in denying said conditional use permit be, and the same is hereby revised, and that Conditional Use Permit No. 1681 be, and the same is hereby, granted permitting a drive through restaurant on the aforedescribed property with a waiver of the following section of the Anaheim Municipal Code: SECTION 18.44.066.050 Minimum number of parking spaces (46 spaces required; 38 spaces proposed) that said Conditional Use Permit is granted subject to the following conditions: 1. That the property owner shall pay for the installa- tion of a traffic signal at the intersection of Woodland Drive and La Palma Avenue and Woodland Drive and Magnolia Avenue, said payment to be an amount reviewed and approved by the Traffic Engineer and to be paid prior to the issuance of a building permit or prior to the commencement of the activity authorized under this resolution, whichever occurs first, or such further time as the Planning Commission and /or City Council may grant. 2. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 73 74 55, now pending. -2- 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibits Nos. 1 through 6. 4. The entrance -exit sign located at the corner where there is no entrance shall be eliminated and the menu sign shall be reoriented so as not to be readable from any street. 5. That the property owner shall pay one -half the cost of the two traffic signals, located at the intersections of Woodland and Magnolia and Woodland and La Palma, to be paid prior to the issuance of a building permit or such further time as the City Council may grant. 6. That Condition No. 2, above mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission and /or City Council may grant. 7. That Condition No. 3, above mentioned, shall be complied with prior to final building and zoning inspections. 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 comply with the Anaheim Municipal Code and regulations and the conditions herein. THE FOREGOING RESOLUTION is approved and signed by me this 22nd day of March, 1977. ATTEST: JLW:jh 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. 77R -199 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 22nd day of March, 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 77R-199 on the 22nd day of March, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the 'City of Anaheim this 22nd day of March, 1977. (SEAL) CITY:CL RK OF THE CIT OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -199 duly passed and adopted by the Anaheim City Council on March 22, 1977.