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1981-222RESOLUTION N0.81R-222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM aRANTIN(3 CONDITIONAL USE PERMIT N0. 2184 . WHEREAS, the City PlanninE Commission of the City of Anaheim dial receive an application for a conditional use permit from RAYMOND G. SPEHAR, ET AL., owners, and CARL N. KARCHER ENTERPRISES, Bob Holden, agent, to expand an existing drive- through restaurant with waivers of certain provisions of the Anaheim Municipal Code on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: That portion of Allotments in Decree of Partition of the Rancho Canon de Santa Ana, in the City of Anaheim, recorded in ,Case 1978, of the 17th Judicial District Court of California, 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, shown on "Parcel No. 3, on a parcel map filed in book 56, page 2 of parcel maps in the Office of the County Recorder of said Orange County; and -1- ATTY-26 (Paps 1 of 2 Paps6) WIiEREAS, 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 re- quired by law and the provisions of Title 18, Chapter 18.Q3 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. PC81-67 , granting Conditional Use Permit No. 2184 and WIiEREAS, 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 saki 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 WIiEREAS, 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. 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 he 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 rantin said conditional use permit be, and the same is ere y, affirmed and that Conditional Use Permit No. 2184 be, and the same~~iereby, granted permitting expansion o~ an exist- ~~ ing drive-through restaurant with waivers of thef_ollowing pro- visions of the Anaheim Municipal Code: --2- ATTY-26 (Page 2 of 2 Pages) SECTION 18.06.060.0233 - Minimum number of parking spaces. (60 required; 37 proposed) SECTION 18.06.090.020 - Minimum length of drive- through lane. (100 feet between ordering device and service window required; approximately 80 feet proposed) subject to the .f_ollowing conditions: 1. That the owners of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as deter- mined by the City Council, for commercial buildings prior to the issuance of a building permit. 2. That trash storage areas shall be provided in accord- ance with approved plans on file with the Office of the Executive Director of Public Works.. 3. That the owners of subject property shall submit a letter requesting the termination of Conditional Use Permit No. 1492 to the Planning Department. 4. 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 4; provided, however, that the central driveway be widened to accommodate two lanes ingress and two lanes egress and that the "bubble" be eliminated providing a continuous left turn. 5. That Condition No. 3, above-mentione~ with prior to the commencement of the activity this resolution, or prior to the time that the is issued, or within a period of one year from ever occurs first, or such further time as the may grant. ~, shall be complied authorized under building permit date hereof, which- Planning Commission 6. That the proposed expansion of a drive-through restau- rant shall comply wit'n all signing requirements of the "CL(SC)" COMMERCIAL, LIMITED (SCENIC CORRIDOR OVERLAY) ZONE. 7. That Condition Nos. 2, 4 and 6, above-mentioned, shall be complied with prior to final building and zoning inspections. 3E IT FURTHER RESOLVED that the City Council does "'~ hereby find and determine that adoption of this Resolution is expressly predicated upon applicants' compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unen- forceable by the final judgment of any court of competent juris- diction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -3- BE IT FURTHER RESOLVED that the City Council hereby re- serves the right to revoke such Conditional Use Permit for good cause or failure of said owners, their heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions therein. ~- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12th daxof May, 1981. OF THE C,aTY OF ~,I~TAHEZM ATTEST: LINDA D. ROBERTS, CITY CLERK DEPUTY ITY CLERK OF~THE CITY OF ANAHEIM JL'W: fm -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAIiEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 81R-222 was introd~:ce2 and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 12th day of May, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMI+ERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 81R-222 on the 12th day of May, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of May, 1981. LINDA r. ROBERTS, CITY CLER1~: B ~t.r- DEPUTY CITY CLERK (SEAL) I, LINDA'D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 81R-222 duly passed and adopted by the Anaheim City Council on May 12, 1981. LINDA D. ROBERTS, CITY CLERK c~~` 1... EY 6(,., pEFUTY; CITY CLERK