PC 77-125R[SOLUTION N0. PC77-125
A R'ES~LUTION OF TNE ANAHE111 CITY PLAN~~IP~G COMHISSION
THqT PE?ITION FOR COIIDITIOI~AL USE PERMIT tJO. 1706 BE GRANTED
WHEREAS, tf~e A~aheim City Planning Commission did receive a verified
Petition for C:,nditional Use Permit from STEPiIEN HOPKIIJS DEVELOPMENT COMPANY, 13~3
Avocado, Sutte 2Z5, Newport Beach, California 92G60, owner, and SfiaRT STOP DRIVE-
THRU, 1444 ~lorth Glassell, Orange, California 92667, agent, of certain real property
situated in the City o~f Anaticim, County of Orange, State of Lalifornia, described as:
7hat portion of those certain parcels of land shown as "11ax Oayha
&.452 Acres" anJ "'Hermine Fiayha Lowe 7.~06 Acres", as per map
filed in fiook 7, page 12 of Records of Survey, in the office of
the County Recorder oY said Co w~ty, shown as Lot 3 on Che Parcel
11ap recorde~~ in Boak 7l~, page 17 of Parcel Maps in said off4ce of
the County Recarder; and
UHEREAS, the City Plannin~ Cornmission did schedule a public hearing at the
City 11a11 in the City ~f Anahcim on May 9, 1977, at 1:30 p.m•, notiee of said publie
hearing haviny been duly given as required by law and in accordance wi[h the
provisions of the Anafieim Municipal Code, Chapter 1~.03, to hear and consider
evidence for and against said pr~posed conditional use and to investigate and make
findings and recommenJations in connection [herewith; said public hearinq having been
continued to the Planniny Commission meeting of June 2u, 1977; and
61HEREAS, saiJ Commission, af[er duc inspection, investigation and study made
by itself and in ~ts befialf, and after due consideration of all evidence and reports
offered at said hearin9, Joes find and determinc the following facts:
1, That the proposeJ use is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Scction iG.44.(150.300, i.o wit, permit
a drive-through restauran[ in the CL (COMMERLIAL, LIMITEU) ZONE, with waiver of:
SECTIOt! 13.06.OG0.0233 -~tinimum number of parkin s aces.
3 required; 11 proposed
2, That the above-mentioned waiver is granted on the basis that the
pa[itioner stipulated that the balance of thc parking requirement is provided in the
surrounding shoppiny center and is covered by the Covenants, Conditions and
R.estrictions af said shoppiny center on the subject property, said Covenants,
Conditions and Restrictions specifying mutual use of the parking spaces, and that
such Lovenants, Londitions and Restrictions are on file with the City of Anaheim
Planning Department.
3. That the proposed use will not adversely affect the adjoining land uses
and the growth and developrnen[ o` :he area in which it is proposed to be located.
4. That the size and shape of thc site propnsed for the use is adequaCe to
allow the full development of the proposed use in a manner not detrimental to the
particular area nor to the pe~cc, health, safety, and general welfare of the Citizens
of the City of Anaheim.
5. That the granting of the Conditional Use Permit under the conditions
imposed, if any, will not bc detrinental to the peace, health, safety and general
wel4are of the Citizens of the City of Anaheirn.
PC77--'25
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6, That n~~ une indicated ;;i~••?r ~resence at said pub~ic hearing in
opposition; and that ~o carrespondence ~<<;_~> ~eceived in opposition to the subjec[
petition.
EI~VIRONt4E~~TAL IMPACT FINDING: That the Anahein City Planning Comm35sion has
reviewed the subjec[ proposa! consisting of a drive-through restaurant on
approximately 0,3 acre~ of lamd located at 1703 Kellogg Drive, and does hereby
recommend to the City Council of the City of Anaheim that a Negative Deciaration from
the requirement to prepare an environmental impact report be approved for [he subject
property on the basis that [here would be no significarit individual or cumula[ive
adverse environmental impac~ due [o the approval of this t~ega[ive Declaration since
the Anaheim General Plar designates [he subject property for commercial land uses
commensurate with the proposal; that no sensitive environmental elements are involved
in the proposal, and tiie Initial Study submitted by the petitioner indicates no
significant individual ur cumulative adverse environmental impaEts; and ihat the
Negative Declaration substantiating the foregoiny fir.dings is on file in the ofFice
of the ~ity of Anaheini Planning Department.
PlOW, THEREFORE, QE IT RESOLVED that the Anaheir~i City Plan~ing Commission
does hereby grant subject Pe[ition for Conditional Use Permit, upon the foliowing
condition which is liereby founJ to be a necessary prerequisite to the proposed use of
the subject property in orJer to preservc the safety and general welfare of the
Citizens o` the Citv of Anaheim:
1. That subject property snall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
through 4.
1977.
TI~E FOREGOl~iG RESOLUT1011 is signed anJ approv~l by me this 20th day of June,
ATTEST:
~~:~ ~ ~/{~ti~
SECRETARY, ANAHEIM CITY PLAtlt~ING COt1MISSION
STATE OF CALIFORIIIA )
COUIJ7Y OF ORAtdGE ) ss.
CITY OF AlIA11EIM )
I, Edith l. Harris, Secretary of the Anaheim City Planning Corrcnissian, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
[he Rnaheim City Planniny Commission held on June 20, 1977, at 1:30 p.m., by the
follcri~ing vote of the rnernbers thereof:
AYES: COMMISSIONERS: DARNES, DAV19, NERBST, KING, LINN, TOLAR, JOHtISON
tlOES: COM1115510f~ERS: NOIJ[
A45Et~T: COMMISSIOt1ERS: t~OtJE
II~ WITtdESS WH[REOF, I havc hereunto set my hand this 20th day of Ju~e, 1977.
`~~~, .r' ~u:a.
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-2- PC77-125