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PC 75-65~ RESOLUiION N0. P~-~ ~ A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETlTION FOR CONDITIONAL USE PERMIT N0. 15z3 BE GRANTED. WHEREAS, the City Planning Commission of the City of Anaheim did rece'ive a verified Petition for Conditional Use Permit from CARL J. HEINZ, ~:'.i North Pine, Anaheim, California 92805 (O~mer); CARL KARCHER ENTERPRISES, lNC „ 1200 North Harbor Roulevard, Anaheim, California 92801 (Agent) of certai~ real property situated in the City of Anaheim, County of Orange, State of California, described as: Lot 193 of Tract No. 6409, as per map recorded in Book 241 pages 25 through 29 inclusive of Miscellaneous Maps, in the office of the county recorder of said county; and WNEREAS, the City Planning Commission did liold a public hearing at the City Hall in the City of Anaheim on March 3~, 1375, at 1:30 p.m., notica of •said public hearing having been duly given as required by law and in ac~orh~~eand with the provisions of the Anaheim Municipal Code, Chapter 18.03. consider evidence for and against said propased conditional use and to inves- tigate and make findings and recommendations in connection therewith; and WHEREAS, sai~ Commission, after due.inspection, investigation, and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: l, That the proposed use is properly one for which a conditional use permit is authorized by Code Section 18,61.05~.390, to wit: permit a drive-through restaurant with waiver of: SECTION 18.06.060.0233 - Minimum number of arkin s aces. (47 spaces required; 34 spaces proposed 2. That the above-mentioned waiver is hereby granted ta allow 33 parking spaces on the basis that the proposal is reasonable for the proposed use which consists of a restaurant with both sit-down and drive-through facilities. 3, That the petitioner stipulated that trash storage areas will be provided in accordance with the requiremen:s of the Director of Public Works, which may result in the loss of one parking space, leaving a total of 33 parking spaces. 4. That 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. 5. That the size and shape of the site proposed for the use is adequate to a!low 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 of the Citizens of the City of Anaheim, 6. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety, and general welfare of the Citizens of the City of Anaheim. 7. That no one indicated their presence at said public hearing in opposition, and no correspondence was received in opposition to subject petition. ENVIRONMENTAL IMPt1CT REPORT FINDING: That the Director of Development Services has determined that the proposed activity falls within the definition of Section 3.01, Class 1 of the City of Anaheim Guidelines to the Requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. RESOLUTION N0, PC75-65 ~ ~ NOW, THEREFORE, BE ~ESOLVED that the Anaheim City ~nning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby four.d to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim; l. That subject property shall be developzd substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. i and 2; provided, however, that trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director ~f Public Works, as sti~ulated to by the petitioner and, further, that a minimum of thirty-three (33) marked parking spaces shall be provided on the subject property at all times. 2. That Condttion No, l, above-mentioned, shali be camplied viith prior to final building and zoning inspections. ' THE FOREGOING RESOLUTION is s~gned and approved b me this 31st day of March, 1975. ~ ~'~m HP~ RMA , A 1~IM CITY PLANNING COMMISSION A7TEST: - ' _~~~~~ ECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Patricia B. Scanlan, Secretary of the City Planning Commission of the L'ity of Anaheim, do hereby certify that the foregoing resolutio~ was passed and adopted at a meeting of the City Planning Commisston of the City of Anaheim, held on March 31, 1975, at 1:30 p.m., by the following vote of the members thereof: AYES: COMMISSIONERS: FARANO, GAUER, JOHNSON, KING, MORLEY, TOLAR, HEkBST NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my har.d 'thls 31st day of March, 1975. ~,~~~..~,~ ~''~~ ~-D ~ J SECRETARY, ANA4EIM CITY PLANNIMG COMMIS510!; _2_ RESOLUTION N0. Pc75-65