1976-705RESOLUTION NO. 76R-705
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO.
1654.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive a request for a conditional use permit from
Bernard M. and Margaret L. Yorba, owners; SGPA Planning and Archi-
tecture, agent, to permit a drive-through restaurant, with a waiver
of the maximum permitted signing, on the following described prop-
erty:
PARCEL 1:
THAT PORTION OF THE THIRD CLASS LAND ALLOTTED TO R.
RIVAS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DE-
CREE OF PARTITION OF THE RANCHO CAIIION DE SANTA ANA,
A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 8,
1874 IN BOOK 28 PAGE 158 OF DEEDS, IN THE OFFICE OF
THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFOR-
NIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF
LA PALMA AVENUE, 106.00 FEET WIDE, DESCRIBED AS PAR-
CEL NO. 143.01 IN THE DEED RECORDED OCTOBER 21 1967
IN BOOK 8390 PAGE 488 OF OFFICIAL RECORDS AND THE
EASTERLY LINE OF TRACT NO. 925 RECORDED IN BOOK 29
PAGES 42, 43 AND 44 OF 114ISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
SOUTH 860 30' 57" EAST 335.42 FEET ALONG SAID CENTER
LINE; THENCE SOUTH 1° 23' 00" WEST 53.03 FEET TO THE
NORTHWEST CORNER OF THIS LAND DESCRIBED IN THE DEED
RECORDED APRIL 18, 1972 IN BOOK 10087 PAGE 215 OF
OFFICIAL RECORDS; THENCE SOUTH 10 23' 00" WEST 213.00
FEET ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN
SAID DEED; THENCE SOUTH 89° 11' 13" EAST 206.87 FEET
ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN
SAID DEED TO THE SOUTHEAST CORNER THEREOF; THENCE
SOUTH 10 23' 00" WEST 387.79 FEET, PARALLEL WITH AND
DISTANT WESTERLY 51.00 FEET FROM THE CENTERLINE OF
IRIPERIAL HIGHWAY AS SHOWN 014 A MAP FILED IN BOOK 30
PAGES 48 AND 49 OF PARCEL MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY, TO THE NORTH-
ERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE
STATE OF CALIFORNIA RECORDED MAY 13, 1969, IN BOOK
8954 PAGE 585 OF OFFICIAL RECORDS; THENCE SOUTH 78°
23' 00" WEST ALONG SAID NORTHERLY LINE 258.23 FEET
TO THE EASTERLY LINE OF THE LAND SECOND DESCRIBED IN
A FINAL DECREE A COPY OF WHICH WAS RECORDED OCTOBER
3, 1929 IN BOOT: 306 PAGE 477 OF OFFICIAL RECORDS;
THENCE ALONG SAID EASTERLY LINE NORTH 10 27' 00-
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WEST 529.57 FEET TO THE NORTHEAST CORNER OF THE LAND
DESCRIBED IN THE DEED RECORDED FEBRUARY 14, 1930 IN
BOOK 358 PAGE 171 OF OFFICIAL RECORDS; THENCE SOUTH
880 33' 00" 'TEST ALONG THE NORTHERLY LINE OF SAID
DEED 150.00 FEET; THENCE SOUTH 790 43' 40" WEST
ALONG THE NORTHERLY LINE OF THE LAND DESCRIBED IN
THE DEED RECORDED JANUARY 5, 1942 IN BOOK 1131 PAGE
33 OF OFFICIAL RECORDS 113.47 FEET TO THE EASTERLY
LINE OF SAID TRACT 925; THENCE FORTH 00 31' 19"
EAST 223.58 FEET ALONG SAID EASTERLY LINE TO THE
POINT OF BEGINNING.
EXCEPT PARCEL NO. 107 AS DESCRIBED IN THE DEED TO
THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED MAY
18, 1976 IN BOOK 11740 PAGE 442 OF OFFICIAL RECORDS.
PARCEL 2:
THAT PORTION OF THE THIRD CLASS LAND ALLOTTED TO R.
RIVAS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DE-
CREE OF PARTITION OF THE RANCHO CONON DE SANTA ANA,
A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 8,
1874 IN BOOK 28 PAGE 158 OF DEEDS, IN THE OFFICE OF
THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT SOUTH 10 27' EAST 399.00 FEET
FROM A POINT NORTH 780 44' WEST 369.44 FEET FROM A
POINT ON THE EAST LINE OF SAID LAND ALLOTTED TO R.
RIVAS, SOUTH 00 10' 54" WEST 741.14 FEET FROM THE
NORTHEAST CORNER OF SAID ALLOTMENT; THENCE SOUTH 10
27' EAST 150.00 FEET; THENCE SOUTH 88° 33' WEST
150.00 FEET; THENCE NORTH 1° 27' WEST 150.00 FEET;
THENCE NORTH 880 33' EAST 150.00 FEET TO THE POINT
OF BEGINNII:G.
PARCEL 3:
THAT PORTION OF THE THIRD CLASS LAND ALLOTTED TO R.
RIVAS, IN THE CITY OF ANAHEIMf COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DE-
CREE OF PARTITION OF THE RANCHO CANON DE SANTA ANA,
A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 8,
1874 IN BOOK 28 PAGE 158 OF DEEDS, IN THE OFFICE OF
THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFOR-
NIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 7 OF TRACT
NO. 925 AS SHOWN ON A MAP RECORDED IN BOOK 29 PAGES
42, 43, AND 44 OF _MISCELLANEOUS MAPS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE
NORTH 00 02' 40" EAST 150.00 FEET ALONG THE EAST LI4E
OF SAID TRACT; THENCE NORTH 79° 43' 40" EAST 113.55
FEET TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN
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THE DEED RECORDED FEBRUARY 14, 1930 II`v BOOK 358 PAGE
171 OF OFFICIAL RECORDS; THENCE SOUTH 10 56' EAST
150.00 FEET ALONG THE WESTERLY LINE OF THE LAND DE-
SCRIBED IN SAID DEED TO THE SOUTHWEST CORNER THEREOF;
THENCE SOUTH 800 07' 50" WEST 118.67 FEET TO THE
POINT OF BEGINNING.
A PORTION OF SAID LAND IS SHOWN ON A MAP FILED IN
BOOK 11 PAGE 49 OF RECORD OF SURVEYS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 4:
THAT PORTION OF THE THIRD CLASS LAND ALLOTTED TO R.
RIVAS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DE-
CREE OF PARTITION OF THE RANCHO CANON DE SANTA ANA,
A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 8,
1874 IN BOOK 28 PAGE 158 OF DEEDS, IN THE OFFICE
OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALI-
FORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY PROLONGATION
OF THE EASTERLY LINE OF TRACT NO. 925 RECORDED IN
BOOK 29 PAGES 42, 43 AND 44 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY, DISTANT SOUTH 0° 01' 40" WEST 152.71 FEET
FROM THE SOUTHEAST CORNER OF LOT 6 OF SAID TRACT;
THENCE NORTH 00 01' 40" EAST 152.71 FEET TO SAID
SOUTHEAST CORNER; THENCE NORTHERLY 245.73 FEET
ALONG SAID EASTERLY LINE TO THE NORTHEAST CORNER
OF LOT 7 OF SAID TRACT; THENCE NORTH 80° 07' 50"
EAST 118.67 FEET TO THE SOUTHWEST CORNER OF THE
LAND DESCRIBED IN THE DEED RECORDED FEBRUARY 14,
1930 IN BOOT: 358 PAGE 171 OF OFFICIAL RECORDS;
THENCE NORTH 880 04' EAST 150.00 FEET ALONG THE
SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED
TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 10
56' EAST 245.24 FEET TO A POINT ON A LINE DISTANT
NORTH 840 37' 10" EAST 246.45 FEET FROM THE SOUTH-
WEST CORNER OF SAID LOT 6; THENCE SOUTH 1° 56' EAST
191.44 FEET; THENCE NORTH 870 25' [NEST 281.65 FEET
TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION DESCRIBED IN THE DEED RECORDED
OCTOBER 29, 1938 Id BOOK 951 PAGE 579, OF OFFICIAL
RECORDS.
EE),CEPT that portion described as follows:
BEGINNING at the point of intersection of the South-
erly prolongation of the Easterly line of Tract No.
925 recorded in Book 29, pages 42, 43 and 44 of Aiis-
cellaneous Maps in the office of the County Recorder
of Orange County with the Northerly line of the land
described in the deed recorded October 29, 1938 in
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book 951 page 579 of Official Records of said Orange
County said point being distant South 0° 31' 19" West
107.31 feet along the Southerly prolongation of said
Easterly line of Tract 925 from the Southeast corner
of Lot 6 of said Tract; thence along said Northerly
line North 820 12' 03" East 264.82 feet to an exten-
sion of the Easterly line of land conveyed to Erolinda
Cota de Yorba by deed recorded March 12, 1903 in Book
88 page 74 of deeds, records of Orange County, Cali-
fornia; thence South 00 02' 03" West along the exten-
sion of said Easterly line 97.05 feet to the Southerly
line of the above described parcel 4; thence along
said Southerly line North 860 56' 00" West 263.12
feet to a point on the Southerly prolongation of said
Easterly line of Tract 925; thence North 00 31' 19"
East along said prolongation of the Easterly line of
Tract 925, 47.04 feet to the 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 request on
October 11:, 1976, 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, investiga-
tion and studies made by itself and in its behalf and after due con-
sideration of all evidence and reports offered at said hearing, did
adopt its Resolution No. PC76-198, granting, in part, Conditional Use
Permit No. 1654, subject to certain conditions; and
WHEREAS, thereafter, within twenty-two 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 fix the
9th day of November, 1976, as the time and the Council Chamber in
the City Hall of the City of Anaheim as the place for a public hear-
ing 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 hear-
ing, 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 does find, after careful consi-
deration of the recommendations of the City Planning Commission and
all evidence and reports offered at said 'nearing, that Conditional
Use Permit No. 1654 should be denied.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the action of the City Planning Commission
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granting, in part, Conditional Use Permit No. 1654 be, and the same
is hereby, revised, and that the request of Bernard M. and Margaret
L. Yorba to permit a drive-through restaurant, with a waiver of the
maximum permitted signing, is hereby denied.
THE FOREGOING RESOLUTION is approved and signed by me
this 9th day of November, 1976.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:fm
MAT -OK Olr TrM CITY OF ANAHEIM
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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-705 was introduced and adopted at a
regular meeting provided by law, of the City Council of the City of Anaheim
held on the 9th day of November, 1976, 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. 76R-705 on the 9th day of November, 1976.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Anaheim this 9th day of November, 1976.
CITY CLERK OF THECI 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-705 duly passed
and adopped by the Anaheim City Council on the 9th day of November, 1976.
CITY CLERK