PC 76-161~ ~
RESOLUTIQN N0. PC76-161
A RESQLUTION OF THE ANAHEIM CITY PLANNINf, COMMISSION
THAT PETITI:ot~ FOR CONDITiONAL USE PERMIT NO. 1646 DE r,RAtITFD.
WHCREAS, the Anaheim City Planning Commission did receive a verifted
Petition for Conditional Use Permit from F(10DMAKFR, INC., 4833 Fruitland Avenue,
Vernon, California 90058 (Owner); JOHN HcLACHLAN, 4933 Fruitland AvPnue, Vernon,
Caltfornia 90054 ~Agent) of certain real property situated in the City of Anaheim,
County of Orange, State of California described as:
7HE WEST 135.~0 FEET OF THE SQIITH 365 FEET OF THE WEST HALF OF TIiE S~IITHW'EST
QUARTER OF THE S!1lITi~EASt OF SECTION 13, TOWNSHIP 4 SOUTN, RANGE 11 4~lEST, IN THE
P,ANCHO LOS COYOTES, IN TNE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFO~iNIA, AS PER MAP RECORDED 1N BOOY. 51, PAf;E 11 OF NISCELLANF.OUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDFR OF SAID COUNTY.
EXCEPT THE NORTN 175.~0 FEET THEREOF.
WfIEREAS, the City Planning Cornmission did hold a public heartng at the City
Hatl in the City of Anaheim on August 30. 1976~ at 1:30 p.m., notice of sald public
hearing having been duty given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03~ to he~r and consider
evidence for and egalnst said proposed donditional use and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, said Commtsslon, after due tnspection, investigataon and study made
by itself and in its behalf, and after due consideration of all evidence and rep4rts
offered at said hearing, does fir~d and determine the followtng facts:
1. That the propose.d use is properly ona for which a conditional use
permit is authorized by Code Section 18,4~~.050.300, to wit: expand a drive-through
restau~~ant with waT,vers c~f:
a. SECTION 18,Ofi.0~0.233 - h1l~tmum number of arkin s aces.
25 require ; 15 propose
b. SECTION 18.44<064,020 - Maximum drivewa~ width.
30 t. permitEed; 40 ft. proposed)
2. That Watver 1-a, above-menti~ned, is hereby granted on the basis that
similar waivers have been granted previously in connect!on wifh drive-through
restaurants having sit-dovm faciiities.
3. That Waiver i-b, above-mentioned, is hereby granted ~n the basts that
the proposal is to eliminate one of the existing two driveways on Ball Road and
replacing it with a sinyle 40-foot wide drlveway which will be safer than the
existing double access.
4. That the proposed expanslon will improve the appearance and
effectiveness of the site, thereby upgradtng the existing use.
5. That thc proposed use will not ac?versely af~ect the adJotning land uses
and the growth and development of the area in which it is proposed t:o be located,
6. That the size and shape of the site proposhd for the use ts adequate to
allow the full develapment of the proposed use in a marmer not detrimental to the
particu{ar area nor to tfie peace, health, safety, and general wel4are o4 the Citizens
of the Ctty of Anaheim.
7. 7hat the granting of the Conditlonal Use Fermit u~der the conditlons
imposed will not be dctrimental to ehe peace, health, sat'ety and general welfare of
the Cittzens of the City of Anahzim.
8. That no one indicated their presence at said public hearing in
cpposition; and that no correspondence was received in opposition to subJect
petttic~.
ENVIRONMENTAL IMPACT REPORT FINDINP; That the Dtrector of the Planning
Department has eterm ne t at t e propose activity falls within the definition of
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Section 3.01, Class 2. of the City of Anaheim Guidellnes to the Requirements for an
Environmental lmpact Report and is, therefore, categorically exempt from the
requirement to file an EIR,
NOW, THEREFORE, BE IT RESOLVED that the Anahetm City Planning Commission
does hereby grant subJect Petitlon for Condittonal llse Permlt. upon the following
conditions which are hereby found to be a necessar~y orerequisite to the propose~ use
of the subJect property in order to preserve the safety and general ~elfare of the
Citizens of the Clty of Anaheim: '
1. That Yhis Conditional Use Permit is granted subJect to the canpletion
of Reclassification No. 76-77-12, now pending.
2, That subJect property shall be developed substantially in accorden~a
with plans and specifications on file wtth the City of Anahelm marked Exhibit Nos. 1~
2, and 3,
3. That trash storage areas shall be provided in accordance with apprnved
plans on file with the Offtce of the Director ef Public Wcrks.
TNE FOREGOING RESOLUT~QN ts sigied and approv by me this 3~th day of
nugust, 1976. /
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CHA SHAN~ AN H H C 1 A ~~r, COMM I5510 !
ATTEST:
OG'%~~i'~(''r'~L-J " „~*/
SECRETARY, ANAHEIM CI PLANNING COMMISSION
STATE OF CALIFORNIA )
LOUNTY OF ORANGE )ss.
CITY OF ANAHEIM )
I, Patricia B. Scan1an, Secretary of the Anaheim City Planning Commission,
do hereby certify that the foregoing resolutlon was passed and adopked at a meeting
of the Anahelm CTty Planning Commisston, held on August 3~~ 1975, at 1:30 p.m., by
the following vote of tfie members thereof:
AYES: COMMISSIONERS: BARPlES, FARANO, HERBST, KING, JOHNSDN
NOES: COMMISSIONERS: TOLAR
ABSENT: COMMISSIONERS: MORLEY
IN WITNESS WHEREOF, 1 have hereunto set my hand this 3~Yh day of August 1q7h,
~~~C G~-ezJ~ C./
SECRETARY~ AM HEIM C1 LANNiNR COMMISSION
'2~ RESOLUTION N0. PC76-161