PC 76-55~ ~
RESOLUTION N0. PC7G-55
A RESOLUTION OF THE CITY PLANNIN~ LOt1kiS510N OF THF CITY OF AWANEIM
THAT PETITfON FOR CONDITIONAL USE ~ERMIT N0. 1606 BE GRANTED.
WHEREAS, the City Planning Commissian of the City of Anahei.n did receive a
verified Petition for Conditional Use Permit from PROVIDENT MUTUAL LIFE INSURANCE
COMPANY, c/o Phillips Petroleum Co., 155 Bovet Road, Suite 4fi0, San Mateo, California
94402 (Owner); FOODNAKER, IIJC., 4833 Fruitland Avenue, Vernon, California ~!1n5P
(Agent) of certain real p~operty situated in the City of Anaheim, County of Orange,
State of California described as:
LOTS 14 AND 15o THAT PORTION OF VACATED ALLEY (2L' F°ET WIDE)
ADJACENT 70 SAID LOTS 1~+ AND 15p AND THE WESTERL'Y 20 ~EET
OF LOTS 16 AND 17D TRACT N0~ 2843i IN THE CITY OF ANAHEIMa ~
COUNTY 0~ ORAN~Eo STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 53 PAGES ~+5 AND 46 OF MISCELLANEOUS MAPSD YN THE
OFFICE OF THE CGUNTY REGORDER OF SAID COUNTYD DESCRIBED AS
FOLLOWSe
BEGINNING AT A POINT YN THE SOUTH SIDE LINE OF EAST CENTER
STRECT„ AT THE POINT OP BEGINNING A~D MOST EASTERLY EXTREMITY
OF A CURVE~ CONCAVE SOUTHEASiERLYp HAVING A RADIUS OF Y5 FEET,
AND TANGENT TO SAID SOiJTH SIDE LItdE AT SAID POYN7 OF BE6INNING
AND TAt4GENT TO THE EAS7 SIDE LINE OF PLACENTIA AVENUE AT ITS
POINT OF ENOING A5 SHOIJN ON SAID MAP OF .TRAGT NOo 1843; THENCE
WESTERLY AND 50U7HERLY ALONG SAID CURVE, A DISTANCE OF 20092
FEET TO SAID POINT OF EPJDING; THENCE SOUTH ALONG SAiD EAST
SIDE LINE, A DISTANCE OF 117~43 FEET, TO 'fHE SOli7H~~EST CORNER
OF SAID LOT 14~' THENCE. EAST ALONG THE SOUTH LINE OF SAID LOT
14~ AND THE PROLONGATION THEREOFa A DIS'rANCE OF 120 FEETo TO
A POINT IN THE EAST SIDE LINE OF SAID VACATED AL~EY;,THENCE
NORTH ALONG SAID EAST SIOE LINE OF SA1D 'JACATED ALLEY~ A
DISTANCE OF 11,35 FEET, TO 7HE SOUTHWE5T CORNER OF SAID LOT
17~ THcNCE EAST ALONG THE SOUTH LIP1E OF SAID LOT•17, A
DISTANCE OF 20 FEETp THENCE NOR7H PARALLEL WITH THE SATD EAST
'SIDE LINE aF PLACENTIA AVENUE. A DISTANCE OF 143,SG FE°T T0
A POINT :N THE SAID SOUTH SIDE LINE OF EAST CcNTER STREET
THENCE WESTERLY~ A DISTANCE Or 129~62 FEET„ 1'0 7HE POINT OF
BEGINNING~ _
WHEREAS, the City Planniny Commission did schedule a pub7lc hearing at the
City Hall in the CiY.y of Anaheim on karch 15, 1976, at 1:3~ p.m., notice of said
public hearing having been duly g~'+~er+ as required by law and in accordance with the
provislons of the Anaheim Municipal Code, Chapter 18.03. to hear and considPr
evidence for and agatnst said proposed conditional use and to investigate and make
findings and recommendat~ons in connectton therew3th; said public hearing having been
continued to the Planning Commtssion meetin9 of March 29, 1976; and
WHEREAS, 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 following facts:
t. That the proposed use is properly one for which a condittonal use
permit is authorized by Code Section 18.44.050.300, to wit: permit a drive-thro~gh
restaurant, with waivers of:
a. SECTION 18.06.060.0233 - Minimum number of arkin s aces.
~quired; 29 ~roposed
b. SECTION 18.44.064.020 - Maximum access drive width. (30 feet
permitCed; 35 eet propased)
2. That waiver 1-a, above-mentioned, is hereby granted on the basis •~hat
similar waivers have been granted previously i~ conJunction with similar drive-
through restaurants having sit-down factiities; and, furthermore, the proposed
parking spaces a~re determined to be ~dequate for the subJect Proposal.
RESOLUTION N0. PC76-55
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3. That waiver 1-b, above-mentioned, is hereby granted on [he basis that
the Anaheim City Plannin9 Commission, in concert with the City Traffic Engineer,
determined thaC the proposed 35-foot wide driveway will be appropriate since it wiil
provide a safer means of access to the property.
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
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 of the Citizens
of the City of Anaheim.
6. That the grenting of the Conditional Use Permit under the conditions
imposed, if any, will not be detrimental to the peace, health, safety and 9eneral
welfare of the Citizens of the City of Anaheim.
7. That no one indicated their presence at said public hearin9 in
opposition; and no correspondence wa~ received in opposition to subject petition.
ENVIRON!SENTAL It1PACT REPORT FIIdGING:
ihat the Anaheim City Planning Commission does hereby recornnend to the Clty
Council that the subject project be exempt from the requirement to prepare an
environmental impact report, pursuant to the provisions of tiie California
Environrrental Quality Act.
NOW, THEREFORE, B[ 17 RESOLVED that the Anaheim City Planning Canmission
does hereby grant subject Petition for Conditional Use Permit, upon the folloa~ing
conditions which are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order to preserve the safety and generai welfare of the
Citizens of the City of Analieim:
1. That the owner(s) af subJect property shall deed to the Ci;yo uf Anaheim
a strip of land 53 feet in width from the centerline of the street along State
Coltege Boulevard for street widening purposes.
2, That strect lighting facilities along State Colle9e Bo,~tevard and
Center Street shall be installed as required by the Director of Public Uti~,ities and
in accordance with standard plans and spectfications on file in the Office of the
Director of Public Utilities; ~r that a bond in an amount and form satisfrictory to
thP City of Anaheim shall be posted with the City to guarantee the instailation of
the above-mentioned requirertients.
3, That trash ator3~s areas shall be provided in acco.rdance with approved
plans on file with the Office of the Director of Public Works.
4. That the underground 9as storage tanks sliall either be ren,oved or
filled with a slurry as approved by the City of Anaheim Fire Department.
5. That subject property shall be developed substantially in acccrdance
with plans and specifications on file with the City of Anaheim marked Exhibit IJ~;is. 1,
2, and 3(Revision Nos. 1).
6. That Condition tJos. i and 2, above-mentioned, shall be complied with
prior to commencement of the activity authorized under this resolution, or prior tn
the tlme that the buildin9 permlt is issued, or witliln a period of one year from G3te
hereof, whichever occurs first, or such further time as the Planning Commiss'~~•m
and/or City Council may grant.
7. That Condition Nos. 3, 4, and 5, above-mentioned, shall be tomplied with
prior to final building and zoning inspections.
THE FOREGOIt~G RESOLUTION is signed and approved by me this 29th day of
March, 197h.
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CHA RM , ANAHE M CITY PLANNING COMMISSION
ATTEST:
~,l~J-~~Ga~j~ tvC%~~c~~~ -
SECRETARY, ANAHEIM CITY PLANFlING LOMMISSION
-2- RESOLUTION NC~. PC~6-55
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss.
CITY OF ANAHEIM )
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1, Patricia B. Scanlan, Secretary of Yhe City Planning Canmission of the
City of Anaheim~ do hereby certify that the foregoing resalution was passed and
adopt~:d at a meeting of the City Plannin9 Commission of the City of Anaheim~ held on
March 29. 1976, at 1:3~ P.m., by the fol~owing vote of the members thereof:
AYES: COMMISSIONERS: BARIJES. HERBST, JOHNS~N, KING, MORLEY. TOLAR, FARANO
NOES: COMMISSIOIJER5: NONE
ADSENT: COMMISSIONEFS: NONE
1976
IN WITIdESS WHEREOF, I have hereunto set my hand this 29th day of March,
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SECRETARY~ ANAHEIM CITY PLANNING COMMISSlON
-3- RESOLUTION N0. PC7h-55