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1981-133RESOLUTION N0. 81R-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM f~RANTIN(3 CONDITIONAL USE PERMIT N0. 2174 . WHEREAS, the City PlanninE Commission of the City of Anaheim did receive an application for a conditional use permit from WATT COMMERCIAL PROPERTIES, INC., owner, and PIONEER TAKE-OUT CORPORATION, agent, to permit a drive-through restau- rant on certain real property located in the City of Anaheim, County of Orange, State of California, legally described as: Parcel 6 of Parcel Map No. 79-227 as recorded in Book 148, Page 27, of maps in the office of the County Recorder of the County of Orange, State of California; 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, was unable to act on said application due to a tie vote among its members on said application; and WHEREAS, thereafter, the application was referred to the City Council for review 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 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 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. -1- ATTV-26 (Paps 1 of 2 Papsa) 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 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 Conditional Use Permit No. 2174 be, and the same is hereby, granted permitting a drive-through restaurant on the hereinabove specified property, subject to the following conditions: 1. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 2. That the proposed building shall comply with the Fire Zone 1 Specifications or shall be completely sprinklered. 3. That the proposed drive-through restaurant shall comply with all signing requirements of the CL zoning. 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. 5. That Condition Nos. 1, 2, 3 and 4, above-mentioned, shad be complied with prior to final building and zoning inspections. 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 con- ditions 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. BE IT FURTHER RESOLVED that 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 therein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of .Anaheim this~24t1~, d~f March, 1981. OF THE CJlTY OF ANAHEIM ATTEST: ~~ ~_ CI CLERK OF T CITY OF ANAHEIM n~ 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. 81R-133 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 24th day of March, 19$1, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: 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. 8IR-133 on the 24th day of March, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of March, 1981. CITY CL RK OF THE CI OF ANAHEIM (SEAL) I, LINDA D. I~OBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 81R-133 duly passed and adopted by the Anaheim City Council on March 24, 1981. CITY CLERK