PC 80-196RESCLUTIOH M0, PCBo-~g6
A RESOLUTION OF 'fHE ANAHEIM CITY PLANNING C011111SSION
TNAT PETITI0~1 FOR CONDITIOPlAL USE PERMIT N0. 2126 BE GRAPITED
WHEREAS, the Ananeim City Planning Commission did receive a verlfied
Petition for Conditional Use Permit from FRANCHISE REALTY INTERSTATE CORPORATION,
McDonald's Plaza, Oal<brook, Illinois 60521 and JAMES H. FRISBIE~ TRUSTEE FOR JAMES H.
FRISBIE AND MARLENE J. FRISBIE, 7g Montecito DrJve, Corona Oel Mar, California,
92660~ oo-mers, and JAMES fi. FRISIIIE, 181 West Orangethorpe Avenue, Suite A,
Placentia, California g2G25, agent, of certain real property situated in the City of
Anaheim~ County of Orange~ State of California, described as:
THE SOUTH 132.50 FEET OF THE IJEST 215.50 FEET OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
FRACTIONAL SECTION 1, TOWNSHIP 4 SOUTH~ RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, AS SAID SECTION IS SHOblP! ON A
MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS~ IN TFIE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; ArID
LOT 28 OF TRACT N0. 3370, AS SNO!,~J 0~1 A MAP THERFOF RFf,ORDED IPl
BOOY. 144, PA~ES B AtJD 9~ MISCELLANEOUS MAPS, RECORDS OF SAID
ORAPJGE COUNTY.
WHEREAS, the City Planning Cortxrission did hold a public hearing at the Civic
Center in the City of Anaheim on Plovember 17~ 1g80, at 1:30 p.m., notice of satd
public hearing havtng 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 egainst said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspectlon, investigatton and study made
by ltself and in its behalf, and after due considerat?on of all evtdence 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 Section 18.lE4.050.300 to wit: to
permit a drive-through restaurant.
2. That the proposed use is hereby granted subject to the petitioner's
stipulation that e x(6) foot htgh masonry block wall shall be constructed along
the north property line adjacent to the residential area.
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 tiie site proposed for the use ts adequate to
allow the full development of the proposed use in a manner not detrtmental to the
particular area nor to the peace, health, safety, and general o~elfare of the Citizens
of the City of Anaheim.
PC80-i46
Jmposed~ ip a~That the granting of the Conditfonal Use Permit under the conditions
welfare of theYCfttzens~afbtheeCity~ofaAnaheime peace, health, safety and general
6• That the traffic gen<rated by the proposed use will not impose an undue
burden upon the streets and highv~ays des)gned and improved to carry the traffic in
the area.
7. That one person indicated their presence at said public hearing in
~PPositlon; and that no correspondence o~as received in oppostfiion to the subject
petition.
ENVIRONMENTAL IMPACT FIPJDING: That the Anaheim City Plannirg Commission has
reviewed the proposal to rec)assi
Multiple-Family) Zone to the CL (Comner~~alPr~Pmited)rZoneht~ RM-1200
restaurant on a rectangularl , ~Residenttai,
acre~ havin Y-shaped parce~ of land consisttn ofrmit a drive-through
g a f rontage of approximately 208 feet on the east stdepof~StateeCoilege
Boulevard, havtng a maximum de th of a
approximately 660 feet north of Pproxtmately 1~2 feet
described as 1100 North State Collegetgoulevard;~and doesLherebmaaAvenuerRand further
basis that Y PProve the Negative
Declaration from the requirement to prepare an environmental impact report on the
there vro uld be no signifFcant individual or cumulatlve adverse
env(ronmental impact due to the a
Anaheim General Plan designates the subPecta~ of this Negative Declaratlon since the
commensurate with the proposal; that no sensitpvetenvironmental impactsiare,involved
in the proposal; that the (nitial Stud submitted b
significant individual or cumulative adverse environmentaltimpacts;Tandcthat the
Negative Declaration substantiating the faregoing findings is on file in the City of
Anaheim Planning Department.
NOW, THEREFORE, BE IT FESOLVED that the Anaheim City Planning CommissioR
does hereby grant su5ject Petition for Condittonal ~SE Permit
condltions which are hereby found to be a necessar ~ ~Pon
of the subject y prerequtsite to thehe following
Citizens of thePC~tyrof Anaheamr to preserve the safety and general welfarep~ofd use
the
~. That this Conditional Use Permit is granted s46ject to the completion
of Reclassification No, 80-81-15, now pending,
2. That subject
property sha)1 be developed substantially in accordance
wtth plans ar,d specificattons on file with the City af Anaheirn marked Exhibit No.
provided, however, that a six (6) fo~t high masonry block wall shall be constructed
along the north ~:
property line adJacent to the residential area.
final buildingTand zonfngtinspecttonsabove-mentioned, shall be complied with
prior to
BE IT FURTHER RESOLVED that the Anaheim City Planning Commisston does hereby
find and determine that the adoption of this Resolution is express)
aPPlicant's compliance with each and all of the condittuns here~nabovecsetdforthn
Should any condition or any part thereof, be declared invalld or unenforceable by the
final judgment of any court of competent jurisdiction, then this Resolution, and any
approvals herefn contained, shall be deemed null and void,
-z- F~ao-i96
THE FOREGOIPJG RESOLUTIOFJ is signed and approved by me this 17th day of
November, 1980,
i
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°~~.~`' `""` u~~ j U- ~1;...rr~.~
CHAIRNAPI RO EM RE
ANAHEIM CITY PLANNINC, COMMISSION
A'rTEST:
~,~1_~ ~ ~.~.:~
SECRETARY, ANAtiEIM ClTY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
C17Y OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City PlannTng Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim Ctty P)anning Commission held on PJovember 17~ 1980~ at 1:30 p.m.,by the
following vote of the members thereof:
AYES: COMMISSIOFlERS: BARNES, BOUAS, BUSHORE~ KING
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FRY, FIERBST, TOLAR
IN WITNESS WHEREOF~ I have hereunto set my hand this 17th day of t~ovember~ 1980.
~~1_.
~ECRETAR~..~TM -CITY P ANNING COMMISSION
-3-- PC8o-196