PC 76-154J~
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RESOLIITIQN N0. PC76-15~i
A RESOLUTIOF! OF THF AhAHEIM CITY PLA~IPII~J~ COt1MI5510tf
THAT PETITI~PI FQR CONDITI~t7AL U~E PERt11T IJq. 1~41 BE f,2ANTED,
4Jf1ERE/15, the Anaheim City Planning Commission d!d receive a verified
Petition for Conditional Use Permit from STAFl1C, IPIC., c/o SHS:LL ~IL CQ., RAY P04!FLL,
P. 0. P.ox 2q15l3, San Die~o, Catifornia ?212n (Owne:r) of certain real pronertv
situated in the City of Anahein, County of Orange, State of California descrihed as:
TI1AT PORTIOt! of the P;orthwest quzrter of the Southwest quarter of Section 7,
Township 4 South, Range ~ lJest, in the Rancho San J~:an Ca.jon de Santa Ana, as per
map recorded in book 51, pane ln, of Niscellaneous Maps, in the OfficP of the
County Recorder of said County, described as follows:
Ei~~l!l~~l!lG at the intersection of the IJest lin'e of said section ~•~ith the center
line of llnaheim-Olive Road as described in the deed recorded May 17, 1~15, in
boolc 275, page 35 of 1leeds; thence Plorth !1° 15' 2~P' East to a line parallel with
said center line that passes through a point on the East line of the West ~~y.0~
feet of said section, PJorth 0° 15' 2~I" Fast 125.OQ feet from the intersection of
said East line with a line parallel with and Northerly i3.~~ feet from said
center line; thence South 7fi° 55~ 20" East paral'lel with said center line to said
East line; thence continuing South 7?° S5' 20" East 125.~0 feet; thence Southerly
in a direct line to a point on the line parallel with and Plortheasterly 53.~~
feet from said center line South 7R~ 55~ 20" East 135.~~ feet from said
intersection with ti~e Cast line of the West 45.00 feet of said section; thence
continuing Southerly along satd direct line to said center line; the~ce North
7~° 55' 2Q" lJest to the point of beyinning.
WHEREAS, the City ?',anning Commission did hold a puhlic hearing at the City
Hall in the City of Anaheim on August 16, 1976, at 1:3Q p.m., notice of said puhlic
hearing having been duly given as required by taw and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 1~.03, to hear and consirler
eviJence for and against said proposed conditi~nal use and to investigate an~1 make
findings anci recommendations in connection therewith; and
IJHEREAS, said 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 fotlowing facts:
1. That the prop~sed use is properly one for which a conditional use
permit is authorized by Code Section 1Q.44.05Q.°,OQ, to wit: permit a drive-through
restaurant in the CL (CQt1MERCIAL, LIt11TFD) ZOtlE, with waiver of:
SECTION i£3.06.Q5Q,Q233 - Minimum number of arl<ing s ac~s.
35 required; 2 proposed
2, That the above-menttoned waiver is herehy granted on the basis that
similar waivers have been granted previously in connection ~Ni~li drive-through
restaurants having sit-down facilities.
3. That the petitioner conflrmed that the existing driveway closest to the
intersection of Lincoln Avenue and Rio Vista Street, l~cated on Rio Vista Street,
o-~i 11 be closed.
4. Tliat the proposed use will not adversPly affect the adJoining tand uses
and the growth and development of the area in which it is proposed to be located.
5. That the size a~d shape of the site proposed for the use is adeauate to
allo~•~ the full development o` the proposed use in a manner nnt detrimental to the
particular area nor to the peace, F~ealth, safety, and general welfare of the Citizens
of the City of Anaheim.
L•. That the granting of the Conditional lise Permit under the conditions
imposed, if any, will not 6e detrimental to the peace, health, safsty and general
welfare of the Citizens of the City of Anahetm,
7. That no one indicated tliair presence at said public hearin9 in
opposition; and no correspondence was received in opposition to suhiect petttion.
RFSOLUTIQN N0, PC7F+-154
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Et11~IROPlME?lTAL lNPRCT °EPORT FIMDIt!G: That the Anahetm City Planninc~
Commission does hereby recommend to t•tie City Council of the City of Anaheim that the
subject proJect be exempt from the requirement to prepare an environmental impact
report, p~rsuant to the provisions of the California Environmental Quality .4ct.
tJOW, TfIEREFORE, RE IT RESOLVED ihat the Anaheim City Planning Commission
does hereby grant subject Petition for Condittonal Use Permt;, upon the folloa~inn
conditions which are hereby found to be a nr,~assary prerequis:te to the proposed use
of the subject property in order to preserve the safety and generai aielfare of thr.
Citizens of the City of Anaheim:
1. That the owner(s) of subJect property shall pay to the City of Anaheim
the sum of sixty cents (60G) per front foot along Lincoln Avenue and Rio Vista Street
for tree planting purposes.
2. That the owner(s) of subJect property sha1) pay to Chc City of Anaheim
the sum of to~o dollars ($2.00) per front foot along Lincoln Avenue and Rio Vista
Street for street ligfiting purposes.
3. That trash storage areis shall be provided in accordance with approv~d
plans on file with the office of the Dirr.ctor of Public 4lorks.
4, That subject property shall be served by underground utilities.
5, That drainage of sub)ect property shall be disposed of in a manner
satisfactory to *_he City Engineer.
6. That the owner(s) of subJect property shalt either remove the
underground gasoline tanks or fitl them with sand ar slurry, as anproved by the City
of Anaheim Fire Department.
7. That subJect property shall be developed substantlally in accordance
with plans and specifications on file with the City of Anahelm marked Exhibit ~~os. 1,
2 and 3,
8, That Condition Nos. 1 and 2, ahove-mentioned, shall be c~mplied •,~ith
prior to the commencem~nt of the activity authorized under this resolution, or prior
to the time that the building permit is issued, or within a period of one year from
date hereofi~ whichever occurs first, or such further ttme as the Planning Commisston
may grant.
9. That Condttion Ilos. 3, 4, 5, 6 and 7, ahove-mentloned, shall be
complied with prior to final building and zoning inspactions.
TI1E FOREGOING RESOLUTION is signed
August, 197G,
AT'fE T;
G2~e~Gl~f~
ECRETARY, ANAtiEl~f C17Y PLANNING Ot111 SSIOtJ
~TATE OF CALIFORNIA )
COUDITY OF ORANGE )ss.
CITY OF ANAHEIM )
I, Patricia B. Scanlan, Secretary of the AnahPim City Planning Commission,
do hereby certify that the foregoing resolutlon Mias passed and adopted at a meeting
of the Anaheim City Planning Commission, held on Flugust 16, 1g76, at 1:3~ P.m•, bY
the following vote of tha members thereof:
P.YES: COMt115510tdERS: BARPIES~ FARANO, HERBST, Kltrf,, MORLEY, TOLAR, JOHNSON
NO[5: COHMISSIONERS: NONE
ABSENT: CO14MISSIOtJERS: HONE
IP! 4117NESS WHEREOF, I have hereunto set my hand this iFith day of August 1?76.
~C/!7.%~%~~5~1~~~~=C~iLt~
SECRETARY, APIAHEIM LITY PLANNIP1f, COMMISSION
~2- RESOLUTION N0. PC76-154