PC 77-205~
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RESCLUT10~1 N0. PC77-205
A RESOLUTION Of THE ANAHEIM CITY PLANYI~dG CON!tIS510!I
THAT PETITION FOP, COt~DITIOpAL USE PER~11T N0. 1744 BE GRAtITED
WHEREAS, thc Anaheim Ci[y Plan~ing Coaimission did receive a verified
Petition for Conditio~al Use Permii from DELAIJO, LTD., 1~~5 tlorth `lain Street, Sui[e
D, Orange, California 92567, owner, and JAMES R. BREIdSTER, iF72? Halc Avenue, Irvine,
California °2714, agent, of ccrtain real propcrty situated in [hc City of Anahcim,
County of Orange, State of Califcrnia, Jescribed as:
Lo[ jl of Tr3ct t~o. 423p, as shoo,n on a map thereof recorded in
book 2~+3, pages 43 and ~+4, Miscell~neous Maps, recnrcls of saicl
Orangc County; and
NHEREAS, the Lity Planning Cornmission did hold a publit hcaring at the City
Hall in the City of Anahein on September 12, 1Q77, at 1:30 p.m., notice of said
public hearing h~ving bee~ duly given as re~uirecl hy l~r~ and in accordance with the
provisions of thc ~naheim Ilunicipal Codc, Chaptcr i?.~3, to hcar and consider
evidence for and against said proposed condi[ionol use anJ to investigate and m~,~:e
findin9s and recommendations in connection therewi[h; an~i
WHEREAS, said Commission, aftcr duc inspection, investia~tion and study made
by itself and in its behalf, and after due consideration of atl evidence and reports
offered at said hearing, docs find and de[ermine thc follotirinq facts:
i. Tha[ thc pro~osed use is properly one for ~•~hich a conditional use
permit is authorized by Anaheim Municipal Code Section i?.33.~SC.30f1 [o wi[: to
permit expansion of an existing drive-through rest~urant.
2, That [hc proposed usc is hcreby granted suhject to the petitioner's
stipulation [o redesign the three (3) angled parking spaces alon9 Ltncoln Aven~~ to
two (2) par~llel parking spaces; said pl~ns to he reviewed by anci approved by the
Planning Comnission prior to [he issuancc of a building pcrmit.
3. Tha; the proposed use wlll no[ adversely ~ffect the adJoining land uses
and thc gro~~[h and devclopnen[ of the arca in which it is proposeJ t~ bc located.
4, That thc size and shape of the site proposed for the usc is adequatc to
allow the full development o` the proposed use in a manner not detrimental t~ the
particul~r arca nor to the peace, health, Safcty, and general arclfare of the Cttizens
of thc City of Anahcim.
5. That the granting of [he Conditional Usc Permit under the condi*_tons
imposed, if any, wi11 not be dctrimentol tc the pe~ce, heal[h, safety and general
welfarc of the Citizens of the City of Anaheim.
G. Tha[ no one indicated their presencr_ at said public hearing in
opposition and that one letter was received in opposition to the subJect petition;
and that one pecitio~ con[a(rting 27 signatures in favor of the subject petitton was
received,
P~77-205
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Et~VIROtIMENTAL IHPACT FINDING: Th~t the Director of the Planning Department
has ~•.termined that ihe proposed activity falls within the definition of Section
3.T1}, Class 1, o` the City of Anaheim ~uidelines to thc ReGuiremr.nts for an
Ei~v.ronmental Impaci Reporr and is, therefore, cateaorically exempt from the
requirenent to file an EIR.
NOW~ THEREFORE, BE IT RESOLVED that the Anaheim City Planrtino Comnission
does hereby grant subject Petition for Conditional Jse Pcrmit, upon the following
conditions which are hereby four.d to be a necessary prereGuisite to the oroposed use
of the subjec[ property in order to oreservc the safety and qencral welfare of the
Citizens of the City of llnaheim:
1. That subject proprr[y shall be develoFed substantially in accordance
with plans and saecificat~ons on filc riith th- City of Anahcim marked Exhihit tJos. i
thru 1i, provided, however, that the three (3) angled par4;ino spaces along Lincoln
Avenue shall be redesigned to two (2) parallcl par~ing spaces, said redesign to be
~eviewed and approved by the Planning Commission prior to thc issuance of a buitding
permit,
THE FOP,EG6ING RESOLUTIOf~ is signed and approved by me this 12th day of
Septembcr, 1977.
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CfAIRNAN, ANANEIM CITY PLAN~II~~G COMMISSION
ATTEST:
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SECRETAH'(, AP~AHEIM CITY PLANNI~IG COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF AfIAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planninq Commission, do
hereby certify that thc foregoing resolution was ~~ssed and adopted at a meeiing of
thc Anaheim City Planning Commissior, held on September 11, iQ77,at 1:30 p.m., by the
fotlorring vote of ehe members thcreof:
AYES: COMMISSIOilERS: Bl1RNE5, DAVID, N~RBST, JOIiN50N, KING, LIt~N, TOLAR
NOES: COMMISSIONERS: NOt1E
ABSEtJT: LOMI115510NER5: NONE
I11 WITI~ESS 1,4~ERE0F, I have hcreunto set my hand ttiis 12th day of September,
1977.
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SELRETAP,Y, ANAHEIM C;TY PLA~~NING COMMlSSION
-2- ~C77-2o5