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1967-174A RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 919 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from Harold S. Leedy, 816 East Chestnut Street, Santa Ana, California, to establish a walk -up restaurant and permitting waivers of the following Anaheim Municipal Code requirements or limitations: 1. Maximum height limitation of any building or structure within 150 feet of any single family residential zone boundary (Section 18.40.070(3 -a)); 2. Six -foot masonry wall requirement at the rear of the landscaped area abutting a local street on the opposite side of which the property is zoned for single- family residential use Harding Avenue (Section 18.40.070(2-a-4)); 3. Roof sign location (Section 18.62.090(D)); on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: Parcel 1. ,ESOLUTION NO. 67R -174 Lot 4 in Tract No. 403, as per map recorded in Book 16, Page 11, of Miscellaneous Maps, Records of Orange County, California. EXCEPTING THEREFROM the Northerly 36.00 feet. Parcel 2. Lot 5 of Tract No. 403, as shown on a map recorded in Book 16, Page 11 of Miscellaneous Maps, records of Orange County, California. EXCEPTING THEREFROM the Northerly 36.00 feet. ALSO Lot 6 of Tract 403, as shown on a map recorded in Book 16, Page 11 of Miscellaneous Maps, records of Orange County, California. EXCEPTING THEREFROM the Northerly 36.00 feet. ALSO EXCEPTING THEREFROM the following described land: Beginning at a point in the South line of the North 36 feet of said Lot 6 distant Easterly 40 feet from the West line of said Lot 6; thence Westerly along said South line 40.00 feet to said West line; thence Southerly along said West line 20 feet, to a line that is parallel with and distant Southerly 20 feet, measured at right angles from said Southerly line; thence Easterly along said parallel line 20 feet; thence Northeasterly to the point of beginning. -1- 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 15 19 67 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, in- vestigation 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. PC67 -36 granting Conditional Use Permit No. 191, subject to the conditions therein set forth 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 fix the 28th day of March 19 67 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 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 granting said conditional use permit be, and the same is hereby sustained and that Conditional Use Permit No. 919 be, and the same is hereby, granted permitting -2- the establishment of a walk -up restaurant, and permitting waivers of the following Anaheim 'tunicipal Code requirements or limita- tions: (a) Maximum height limitation of any building or structure within 150 feet of any single family residential zone boundary (Section 18.40.070(3 -a)); (b) Six -foot masonry wall requirement at the rear of the landscaped area abutting a local street on the opposite side of which the property is zoned for single- family residential use Harding Avenue (Section 18.40.070(2- a -4)); (c) Roof sign location (Section 18.62.090(D)), on the property hereinbefore described, subject to the following conditions- 1. That the owner of subject property shall deed to the City of Anaheim a strip of land 32 feet in width, from the center line of the street, along Harding Avenue, for street widening purposes. 2. (a) That all engineering requirements of the City of Anaheim along Harding Avenue, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer; and (b) that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the instal- lation of said engineering requirements. 3. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot, along Lincoln and Harding Avenues, for street lighting purposes. 4. That the owner of subject property shall pay to the City of Anaheim the sum of 15 per front foot, along Lincoln and Harding Avenues, for tree planting purposes. 5. That trash storage areas shall be provided in accordance with approved plans on file in the Office of the Director of Public Works and Super- intendent of Streets, prior to final building and zoning inspections. 6. That the final parking plan shall be approved by the Development Review Board; that any landscaped areas in the parking area shall be protected with concrete curbs six inches in height; that concrete wheel stops shall be provided for all parking spaces; that all outside lighting shall be directed away from the property lines to protect the residential area to the south; and that all of said work or requirements shall be complied with prior to final building and zoning inspections. -3- 8. That Conditions Nos. 1, 2(b) 3 and 4 above- mentioned shall be complied with within a period of 180 days from date hereof, or such further time as the City Council may grant. 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 herein. 7. That subject property shall be developed sub- stantially in accordance with plans and specifi- cations on file with the City of Anaheim, marked Exhibits Nos. 1, 2 and 3; PROVIDED, HOWEVER, that the 35 -foot building setback established for Lincoln Avenue by City Council policy shall be maintained. THE FOREGOING RESOLUTION is approved and signed by me this 28th day of March, 1967. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 28th day of March, 1967, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 28th day of March, 1967. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 23th day of March, 1967. (SEAL) CITY CLEI'IK OF THE CITY OF ?aNAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 67R -174 duly passed and adopted by the Anaheim City Counci on March 28, 1967. City Clerk