PC 79-28RESOLUTION N0. PC79-28
A RESOLUTION OF THE ANAHEIH CITY PLANNING COMMISSION
THAT PETITION FOR GONDITIOIaAL USE PERMIT N0. 1920 BE GRANTED
WHEREAS, the Anaheim City ?lanning Commission did receive a verifTed
Petttion for Condltlonal Use Permit from PLOTKIN-ROSEN DEVELOPMENT CO., 13352
Vashington Boulevard~ Los Angeles, California, 90066~ owner, and FRANCHISE REALTY
INTERSTATE CORP., 10960 N1lshtre Boulevard~ Los Angeles~ Caltfornta 90024, agent, of
certain real property si[uated in the City af Anaheim, County of Orange, State of
California, described as:
That portlon of the North half of the Northwest quarter of [he
Southwest quarter of the Northwest quarter of Sec[lon 9~ Township
4 South, Range 10 West~ in the Rancho San Juan CaJon de Santa Ana,
in the City of Anaheim, County of Orange, State of Celifornla as
per map recorded in book 51 page 10 of Mlscellaneous Naps, in the
office of Che Lounty Recorder of said County, descrlbed as
follows: Beginning at a polnt on [he Mest line of said land
disiani 332.61 feet Southerly from the Northwest corner thereof;
thence South 89~ 45' 09" East 325.0~ feet; ther~ce North 0~ 15'
52" West, parallel with the West Iine of said Sectlon 9~ a
dlstance of 125,00 feet; thence South 89° 45' 09" Nest 325.00 feet
tu the West line of said Section 9; [hence South 0° 15' S2" East
along said West line 125,00 feet to the point of beginning.
I~HEREAS, the Clty Planning Carmisslon did schedule a public hearing at the
Clty Hall ln the CiLy of Anaheim on February 12~ 1479, at 1:30 p.m., notice of said
public hearing having been duly given as requtred by law and in accordance Nith the
provtsions of the Anahetm Munictpal Code, Chapter 18,03, to hear and constder
evldence for and agatnst satd proposed conditlonal use and to Investlgate and make
findings and recommendations in connectton therewith; said public hearing having been
continued to the Planntng Comr.tlsslort neettng of December ~~ fy78; end
WHEREAS, sald Comm(sslon. after due Inspectlon, investigation and study made
by itself and in Its behalf, and afcer due conslderatton of all evidence and reports
offered at said hearing~ does find and determine the following facts:
1, That the proposed use is properly one for Khich a condTtlonal use
permit Is authorized by AnaheTm Munictpal Code Sectlon 18,44,050.300 to wlt: to
permit a drive~[hrough restaurant.
2. That the proposed use Nill not adversely affect the adJolntng land uses
and the grow[h and development of the area In Nhlch lt is proposed to be located,
PC79-28
3. That the stze 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 aelfare of the CTtfze~s
of the CTty of Anahe(m.
4. That the granting of the Conditional Use Permlt under the condi[lons
tmposed~ if a~y, Hlll not be detrimental to the peace, health, safety and generaT
welfare of the Citizens of the CI[y of Anaheim.
5. That no one indicated chetr presence at said publlc hearing in
opposltlon; and that no correspondence was received in oppositton to the subJect
petition.
ENVIRONMENTAL I!1PALT FINDING: That the Anahetm City Planning Commission has
reviewed the proposal to permit a drive-through restaurant on a rectangularly-shaped
parcel of land consisting of approximately 0.6 acre, having a frontage of
approximately 125 on the east side of Euclid Street. havtng a maximum depth of
approximately 272 fect. and being loc.~ted approximately 995 feet north of the
centerline of Crescent Avenue; and does hereby approve the Negative Declaration from
the requlrement to prepare an environmental fmpact report on the basis that there
would be no signlficanf individual or cumulative adverse envirorsmental inpact due [o
the approval of this Ne9ative Declaratlon since the Anaheim General Plan deslgnates
the subject property for gene~al commercial land uses commensurate with the proposal;
that no senslttve cnvironmental Impacts are Involved In the proposal; that the
Initial Study submitted by the petltloner indicates no significant Individual or
cumulatlve bdverse environmental tmpacts; and that the NegAtive Declaratfon
substantiating the foregoing findings Is on flle in the Cicy of Anaheim Planning
Departmeni.
NOW. THEREFOftE, BE IT RE50LVED that the Anaheim CTty Pianning Commission
does herety grartL su6ject °etltian `or Cor+dfilonal Usc Perr+It. upon the followTng
conditions which are hereby found to be a necessary prerevuisite to the proposed use
of the subJect property Tn order to preserve the safety and generrl wetfare of the
Citizens of the Clty of Anaheim:
1. That subJect property shall be served by underground utllfties.
2. 1~ the event that subJect property is [o be dtvided for the purpose of
saie~ lease, or financing, a parcel map. to reco~d the approved divislon of subJect
property shall be submitted to and approved by the City of Anaheim artd then be
recorded tn the offiice of the Orange County Recorder,
3. That the owner(Y) of subJect property sha11 pay the traffic signal
assessment fee (Ordinance No, ;896) amounting to $180.00 per 1000 square feet of
commercial bul)ding nr fractlon thereof prior to che issuance of a building permit.
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4, That subJect property shall be developed substantTally In accordance
with plans and specificatlons on file Nith the City of Anaheim marked Exhibit Nos. 1
through 4.
5, That Condicio~ No. 2~ above-mentToned~ shall be complled with prtor to
the camnencement of the activTty authorized under thls resotutlon~ or p~lor to the
time that the building permit is issued. or withi~ a perfod of one year from date
hereof, whichever occurs first, or such further time as the Planning Commtsslon may
grant.
6. That Condition Nos. 1 and 4~ above-me~tToned. shall be complied with
prlor to ffnal building and zoning inspections.
BE 17 FURTHER RESOLVED that the Anaheim City Planning Cammisston does hereby
find and de[ermine that adoption of this Resolut(on is expressly predicated upon
applicant's compliance alth each and all of the conditions herelnabove set forth.
Should any such conditTon~ o~ any part thereof~ be declared tnvalTd or unenforceable
by the final Judgment of any cour[ of competent Jurisdictlon, then this Resolutlon.
and any approvals herein contained, shall be deemed null and void.
THE FOREGOtNG RESOlUTiON is signed and approved by me thls t2th day of
february, 1979.
I. • H ~ ApqINS C '1'~ISSfO!1
ATTEST:
SECRETARY~ AHAHEIM CITY LAt~NING LOMHI SION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY Oi FNAHEIH )
I, EdTth L. Harris, Secretary of the Anaheim City Planning CammTssto~. do
hereby cert(fy that the foregoTng resolutTon was passed and adopted at a meeting of
the Anahelm CTty Planning Commisslon held on February 12. 1979. ac 1:30 p.m., by the
following vote of the members thereof:
AYES: COMMISSIONERS: BARNES~ BUSHORE, DAYID. HERBST. JOHNSON. KItIC. TOLAR
NOES: CONMISSIONERS: NONE
ABSENT: CONMISSIONERS: NONE
1979.
IN WITNE55 WHEREOF~ 1 have hereunto set my hand thls 12th day of February,
'~ECIFETA~€i~+ ~iT~~~~~C~ ~Fi
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