PC 79-62RESOL~JTION N~. PL7°'F2
A RESOLUTION Of THE ANAHEIM CITY PLAN!11N4 CO'P~ISSI~tt
THAT PETITION FOR COtIDIT10~lA1 USE PERyIT H0, 1Q57 gE RP,A1(TED
1111EREA5, thc Anahcim City Planning Con~r,(ssion dld reccive a verifted
Petitlon for Conditlonal Use Pernit fror+ FO~D`+AKEp. INC., Post Office Box 7E;, San
Diego, California. ^2112. ormcr. and LYLE Gt!STAVE5011 OR plLl t;tL50'I. 5400 South
Easter~ Avcnue, Suttc 156. CItY of Camerce. Cafi`ornia 4nn4~~ agent, of certaln real
property sttuated in the City of Anaheln. County of Oranae. State of Californfa,
describcd as:
Tl+f MEST 135.~0 FEET OF THE SOUTH 35;.~~ FEET OF THE MEST HALF Of TME
SOUTHVEST QUARTER OF THE SOUTMEAST QUAaTfR Oi SECTION 13. TON115HIP 4 SOUTH, RANGE 11
WEST~ IN THE RA~~CHQ LOS COYOTES, IN THE CITY OF AliANfl't, C0~1!1?Y OF ORAN~E, STATE OF
CALIFORNIA. AS PER !1AP RECORDE~ 11~ BOOK 51 PA~E I1 OF HISCELLAHEOUS NAPS. iN THE
OFFICE OF TNE COUNTY R£CORDER OF SAID CCU'ITY. ERCEPT THE NORTH 175.0~ FEET THEREOF.
1~IFIEREAS. the City Planning Cor+mission did hold a public heartnq at the Ci[y
Hall In the City of Anaheim on March 2b. 197°, at 1:3Q p.n.~ notice of saTd publie
hearing havin9 been duly given as required by lau and in accordance with the
provisions of the Anaheim Municipal Lode. Chapter 13,^3~ to hear and consider
evtdence ~ar snd agalrtst saic! ~re~sed tonditie~a! use a~A t~ investtaat~ and make
findinqs and recommendations In connectfon therewith; and
NHEREAS. said Cam(ssion. after duc tr.soectfon~ investlgation and study made
by i[self and fn Its behalf, and after du~ consideratlon of ~11 evidenc~ anA reports
offered at satd hearing~ docs find and deter~inc th~ folla+ing facts:
1, That the proposed use Ts properly one for which a conditional use
permi[ is authortzed by Anaheim Municipal Cai~ SectiOn 1?.GG.QS~•3~0 to wit: to
expand an existinq drive-through restaurant with waivers of:
(a) SECTION 18.06.050.0233 - Minimun nu*+ber of par4lne spaces.
reou red;
IT+ proposed)
(b) SECTION 18,05.Op~ - Mlnim~~m drive-[hrou h lane len th.
0 and 100 eet reouTred betr+een start
o ane. ordering service. and servTce winda+;
8 and 38 feet exlsting)
2, That the proposed wiavers (a) and (b) are hereby granted on the basis
that the existing drtve-through restaurant Is legally nonconformtng. havtng been
constructed prtor to adoptlon of the cu~rent Code requirements.
3, That the proDOSed use Is hereby granted subJect to the petittoner's
stipulatio~ to rescrict the drtveNay on Ball Road located closest to the intersectlon
of Bal) itosd and Da1e Street to right tu~ns ooly.
PC74-f2
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4. That [he 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 tlie sizc and shape of Lhe sftc proposed for the use (s adequate to
allow the full development of the proposed use in a manner no[ detrimenta) to the
partfcular area nor to the peace, health, safety, and general rrelfare of the Citize~s
of the Cfty of Anaheim.
6. That the granting of [he Conditlonal Use Permtt under the conditions
imposed, if any, will no~ be detrimental to [ha peace, health, safety and 9eneral
welfare of the Citizens of the Clty of Anaheim.
7. That no one Indicated thefr presence at said publ(c hearing tn
opposition; and that no correspondence wa~ received in opposition to the subject
petltion.
E~~I~IRONMEt~TAL IMPACT FINDIN~: That the A~aheim City Planning Commisslon has
reviewed the proposal [o expand an existing drive-tnrough restaurant wfth waivers of
minimum number of parking spaces and minimum drive-throuah lane lenath cn a
rectangularly-shaped parcel of land consis[l~g of approximately Q.; acre locate6 at
the northeast corner of Ball Road and Dale Avenue~ having aoproximate frontages of 90
fee[ on the north side of Ball Road and 1)5 feet on the east side of Dale Avenue;
and does hereby approvc the Neoative Declaration from the requirement to prepare an
environmental impact report on [he basis that [hcre r~uld be no signiffcani
individual or cumulative adverse envfronmental impact due to the approval of thts
Negative Declaration since the Anaheim General Plan designates the subject property
for generai commercial la~d uses commensurate with the proposal; that no sensitive
e~vironmental impacts are involvad In the proposal; that the Initial Study sutxnltted
by the petitioner indicates no significant individual or cumulative adverse
environmental tnpacts; and that the Negative Declaration substantiating the foreaoln9
flndings is on file in the City of Anaheim Pl~nning Deoartment.
NOW, TNEREFORE, BE IT RESOLVED that the Anaheim Ciiy Planning Commis~i~n
does hereby grant subject Peti[ion for Londitional Use Permit, upon the following
conditions whfch are hcreby found to he a necessary prereaulsite [o the proposed use
of the subject property in order to preserve the safety and general welfare of the
Citizens of the Cfty of Anaheim:
1. That trash storage areas shail be provided ln accordance wiLh approved
plans on file wtth the Office of the Director of Publfc WorM.s.
2. That the owner(s) of subject property shall pay the traff(c signal
assessment fee (Ordinance No. 38°6) in an amount as determined by the Ctty Council.
fior commercial buildings prior to the issua~ce of a building permtt.
3. Tha: the proposed restaurant shall comply with all signing requirements
of the CL zoning.
4. That subject property shall 6e developed substanttally in accordance
r~ith plans and specifica[lons on file with the City of Anahe!m marked Exhibi[ Nos, i
thraugh 3; provided, howevcr, that some means acceptable to the City Traffic
Englneer, shall be provided to re~ rict exiting vehicles to ~tqhi turns only at the
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driveway on Ball Road lacated closest to the In[ersectton of Bal) Road and Dale
Avenue.
5. That the owner(s) of subject prcpcrty shail subnft a letter requesting
termination of Conditinnal Use Permit No. 164b.
6. That Condition Nos. 1 and 4, above-mentioned, shall be ccxnplied with
prior to final bullding and zoning inspections.
BE IT FURTHER RESOLVED [hat the Anahe}m Lity Planntng Commisslon does hereby
ftnd and determfne that adoption of this Resolution is expressly predicated upon
appllcanY's compliance with each and all of tfie condttions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the ftnal Judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and vo1d.
THE FOREGOI~tG RESOLUTION Is signed and approved by me this 26th day of
March, 197°•
~
H A, N Y PLRN~1 I NG COM;1 I$5 ION
ATTEST:
`~ ~ .~.° -~,~,,,..~
SECRETARY, ANAHEIM CITY PI.ANNINf, COM`1155101J
STATE OF CALIFORNIA )
LQUtITY OF ORANGE ) ss.
CITY OF ANAHEIH )
I, Edith L. Harris, Secretary of the Anahetm tlty Planning Commission, do
hereby certffy that the foregoing resolutton was passed and adopted at a meeting of
the Anaheim City Pianning Commisston held on Marci; ~6, 1974. by the following vote of
the members thereof:
AfES: COMHISSIONERS: BARNES, DAVID, JONNSON, KINr,
NOES: COMMISSIONERS: BUSHORE, HERBST. TOALR
ABSENT: COMMISSIONERS: NOIQE
IN WlTNESS bM EREOF, 1 have hereunto sei my hand this 26th day of March~
1979•
SECREIA~ ANAHEIM~ L~~ANN~NG COMMISSION
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