PC 80-153RESOLUTION NO. PC80 -153
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2107 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from BANK OF AMERICA NATIONAL TRUST e SAVINGS
ASSOCIATION, Santa Ana District Trust Office, 801 North Main Street, Santa Ana,
California, 91701, owner, and BOB HOLDEN, CARL KARCHER ENTERPRISES, 1200 North
Harbor Boulevard, Anaheim, California 92805, agent, of certain real property situated
in the City of Anaheim, County of Orange, State of California, described as:
That portion of the Northwest quarter of the Northeast quarter of
Section 17, Township 4 South, Range 10 West, in the Rancho Los
Coyotes, in the City of Anaheim, County of Orange, State of
California, as said Northeast quarter is shown on a map of Tract
No. 647, recorded in book 29, page 34, Miscellaneous Maps, records
of said Orange County, described as follows: Beginning at the
Northwest corner of said Northwest quarter of the Northeast
quarter; thence South 0° 04' 40" East, 201.01 feet along the West
line of said Northwest quarter of the Northeast quarter; thence
South 89 31' 00" East 213.47 feet parallel with the North line
of said Northwest quarter of the Northeast quarter to a non -
tangent curve concave Easterly and having a radius of 50 feet from
which point a radial line bears North 84° 58' 28" East; thence
Northerly 40.00 feet along said curve through a central angle of
45 50' 12" to a line not tangent; thence North 55 30' 24" West,
31.90 feet along said non tangent line to a point that is South
146.00 feet (measured at right angles) from the North line of said
Northwest quarter of the Northeast quarter; thence North 0° 29'
00" East, 146.00 feet to a point on the North line of said
Northwest quarter of the Northeast quarter, Easterly 200.6,4 feet
thereon from the Northwest corner of said Northwest quarter of the
Northeast quarter; thence North 39 31' 00" West 200.64 feet to
the point of beginning. Excepting therefrom the North 66.00 feet
as described in the deed to the State of California recorded April
22, 1957, in book 3830, page 258, Official Records.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 3, 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:
PC80 -153
1. That the proposed use is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.44.050.300 to wit: to
permit a drive - through restaurant with waiver of the following:
SECTION 18.06.060.0233 - Minimum number of parking spaces.
(37 required;
32 proposed)
2. That the proposed waiver is hereby granted on the basis that the
proposed changes in operation will reduce the need for parking spaces and that the
waiver is minimal amounting to less than 14 %.
3. That the 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.
4. That the size 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 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.
6. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area.
7. That no one 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 with a waiver of minimum
number of parking spaces on an irregularly- shaped parcel of land consisting of
approximately 0.62 acre, having a frontage of approximately 200 feet on the south
side of Lincoln Avenue, having a maximum depth of approximately 135 feet and being
located approximately 330 feet west of the centerline of Broadview Street; and does
hereby approve the Negative Declaration from the requirement to prepare an
environmental impact report on the basis that there would he 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 loo- density residential 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 be 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:
-2- PC80 -153
1. That appropriate water assessment fees as determined by the Office of
Utilities General Manager shall he paid to the City of Anaheim prior to the issuance
of a building permit.
2. That subject property shall he developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
through 3.
3. That Condition No. 2, ahove- mentioned, shall be complied with prior to
final building and zoning inspections.
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, be declared invalid or unenforceable
by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 8th day of
September, 1930.
ATTEST:
*69 1 �
SECRETARY, AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
19 80.
- 3-
CHAIRM N, ANAHEIM CITY PLANNING COMMISSION
1, 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 September 8, 1930, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of September,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
PC80 -153