PC 80-126RESOLUTION NO. PC80 -126
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2100 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from GILBERT R. REYES, MC DONALD'S SYSTEM
(FRANCHISE REALTY INTERSTATE CORPORATION), 10960 Wilshire Boulevard, Los
Angeles, California, owners of certain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
That portion of Lot 26 of Anaheim Extension, as shown on a Map of
Survey made by Wm. Hamel and filed for record in the office of the
County Recorder of Los Angeles County, California, described as
Parcel 1 as shown on a map filed in book 59 page 28 of Parcel Maps
in the office of the Coutny Recorder of said Orange County,
California.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 11, 1980, at 1:30 p.m., notice of said public
hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; 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:
1. That the proposed use is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Sections 18.44.050.300 and
18.46.050.270 to wit: to permit a drive - through restaurant.
2. That the proposed use is hereby granted subject to a review in one (1)
year to determine whether the use has caused a debris problem for adjacent property
owners. If there is no problem, the use may continue; but if there is a debris
problem, the Planning Commission may require the petitioner to construct a fence to
prevent debris from blowing from his property to that of the adjacent property owner.
3. That the proposed use, as granted, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is
proposed to be located.
4. That the size and shape of the site proposed for the use, as granted,
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.
5. That the granting of the Conditional Use Permit under the conditions
imposed, if any, will not be detrimental to the peace, health, safety and general
welfare of the Citizens of the City of Anaheim.
PC80 -126
6. That the traffic generated by the proposed use, as granted, will not
impose an undue burden upon the streets and highways designed and improved to carry
the traffic in the area.
7. That one person indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to permit a drive-through restaurant on an irregularly - shaped
parcel of land consisting of approximately 0.90 acres, located north and west of the
northwest corner of Ball Road and Anaheim Boulevard, having approximate frontages of
147 feet on the north side of Ball Road and 30 feet on the west side of Anaheim
Boulevard; and does hereby approve the Negative Declaration from the requirement to
prepare an environmental impact report on the basis that there would be no
significant individual or cumulative adverse environmental impact due to the approval
of this Negative Declaration since the Anaheim General Plan designates the subject
property for general commercial land uses commensurate with the proposal; that no
sensitive environmental impacts are involved in the proposal; that the Initial Study
submitted by the petitioner indicates no significant individual or cumulative
adverse environmental impacts; and that the Negative Declaration substantiating the
foregoing findings is on file in the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following
conditions which are hereby found to he a necessary prerequisite to the proposed use
of the subject property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1. That the owner(s) of subject property shall pay to the City of Anaheim
a fee, in an amount as determined by the City Council, for street lighting along
Anaheim Boulevard and Ball Road.
2. That the owner(s) of subject property shall pay to the City of Anaheim
a fee, in an amount as determined by the City Council, for tree planting purposes
along Anaheim Boulevard and Ball Road.
3. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Executive Director of Public Works.
4. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
5. That the owner(s) of suhject property shall pay the traffic signal
assessment fee (Ordinance No. 3896) in an amount as determined by the City Council,
for commercial buildings prior to the issuance of a huilding permit.
6. That the owner(s) of suhject property shall submit a letter requesting
the termination of Variance No. 1149 to the Planning Department.
7. That the proposed drive - through restaurant shall comply with all
signing requirements of the CL (Commercial, Limited) Zone.
-2- PC30 -126
8. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
through 4.
9. That Condition Nos. 1, 2 and 6, above- mentioned, shall be complied with
prior to the commencement of the activity authorized under this resolution, or prior
to the time that the building permit is issued, or within a period of one year from
date hereof, whichever occurs first, or such further time as the Planning Commission
may grant.
10. That Condition Nos. 3, 4, 7 and 8, above - mentioned, shall be complied
with prior to final building and zoning inspections.
11. That after a period of one (1) year from the date herein, this use
shall be reviewed by the Planning Commission to determine whether the use has reduced
the debris problem for adjoining property owners or if the problem has been
increased. If there is no problem, the use may continue; but if a debris problem
exists, the Planning Commission may require that the petitioner construct a fence to
prevent debris from blowing from his property onto adjacent properties.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any such condition, or any part thereof, he declared invalid or unenforceable
by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall he deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 11th day of
August, 1980.
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CfiAIR!1 HT got__
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on August 11, 1980, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
1980.
IN WITNESS WHEREOF, I have hereunto set my hand this 1lth day of August,
5 C EAR
-3-
HE11 I ' . ANNIN0 COMMISSION
PC80 -126