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1985-225RESOLUTION NO. 85R-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2684. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code from BERNARD PERLIN, owner, and DON GALBRAITH, agent, to expand a drive-through restaurant upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE SOUTH 175 FEET OF THE WEST 175 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS PER MAP RECORDED IN BOOK 51, PAGE 7 ET SEQ., OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 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. PC85-113 granting Conditional Use Permit No. 2684; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; 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 consi- deration 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. -1- 2. The proposed use will not adversely affect the adjoin- ing 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. WHEREAS, the City Council does further find with regard to the hereinafter specified proposed waiver(s) of Anaheim Municipal Code requirements, other than the proposed waiver of off-street parking requirements, as follows: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity; and WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: 1. The variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance under the conditions imposed will not be detrimental to the peace, health, safety or 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 granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2684 be, and the same is hereby, granted permitting expansion of a drive-through restaurant on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: -2- SECTIONS 18.44.063.010 -Minimum landscaped setback. AND 18.44.064.010 (3 and 10 feet required adjacent to Ball Road; 0 and 3 feet proposed). SECTIONS 18.06.050.0233 - Minimum number of parking spaces. 18.06.080. (32 spaces required; 20 spaces AND 18.44.066.050 proposed) subject to the following conditions: 1. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for new commercial buildings. 2. That all driveways shall be reconstructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 3. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division; and that the trash storage area shall not be located closer than eight (8) feet to the property line along Ball Road. 4. That the proposal shall comply with all signing requirements of the CL Zone, unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 5. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 1549 to the Planning Department. 6. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 7. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition No. 1, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 8. That prior to final building and zoning inspections, Condition Nos. 2, 3, 5 and 6, above-mentioned, shall be complied with. 9. That prior to final building and zoning inspections, the developer shall install signs at the drivewways prohibiting any existing traffic from making left turns. The design, size and location of said signs shall be approved by the Planning Department and City Traffic Engineer prior to installation. -3- BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and .void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 4th day of June, 1985. /r"G MAYOR OF THE CITY OF ANAHEIM ATT` ESA,. G~ D~s~.a.~ ac /~l CITY CLERK OF THE CITY OF ANAHEIM JLW : f m 3875M 070385 -3- ,,.. ,..* STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 85R-225 was introduced and adopted at a regular ,,,~ meeting provided by law, of the City Council of the City of Anaheim held on the 4th day of June, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-225 on the 4th day of June, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 4th day of June, 1985. /( ~ CITY CLERK OF THE CITY OF ANAHE (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 85R-225 duly passed and adopted by tYie Anaheim City Council on June 4, 1985. CITY CLERK