PC 80-201R[SOLUTIOtJ N0. PC80-201
A RESOLUTIO~I OF THE ANAHEIM CITY PLAWNINr, C0~1!11SSION
THAT PETITION FOR CONDITIOPlAL USE PERMIT FJO. 2135 BE GRANTED
WHEREAS, the Anaheim City P)anning Commission did receive a verified
Petition for Conditional Use Permit from TERRA FIRMA PROPERTIES, INC.~ 438 East
Kat~11a Avenue~ Suite 438, Orange~ California, 92667~ owner, and ~YLE GUSTAVESON,
9040 Telstar~ ~uite 121, EI Monte, Californla 91731, agent, of certain real property
situated in the City of Anaheim, County of Orange, State of California, described as:
PARCEL 1 AS SHOWN ON PARCEL kAP N0. 80-238 RECORDED IIJ BOOY. 145, PAGES 37-3$
OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE
OF CALIFORNIA.
WHEREAS, the City Planning Commission did hoid a public hearing at the Civtc
C~_nter in the City of Anahelm on November 17~ 1980, at 1:30 p.m., notice of said
public hearTng 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 agatnst said proposed conditianal use p2rmit 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 tn its behalf, and after due consideration of all evidence and reports
offered at said hearing, does ftnd and determine the folloY~ing facts:
~, That the proposed use is properly one for which a conditional use
permtt is authortzed by Anaheim Muntclpai Code Section 13.45,050.290 and
13,45.OS0.270 to wit: to construct a drive-throuqh restaurant in the CG (commercial,
General) and CH (Commercial, Heavy) Zones.
2, 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,
3, That the size and shape of the site proposed for the use is adequate to
ailow ti~• fuil development of the proposed use tn a manner not detrimental to the
particular a:Pa nor to the peace~ health~ safety, and general welfare of the Citizens
of the City of Anaheim.
4, That the granting of the Conditional Use Permit under the conditions
imposed, if any, wiil not be detrimental to the peace, heaith, safiety and general
welfare of the Citizens of the City of Anaheim.
5, That the traffic generated by the proposed use will not impase an undue
burden upon the streets and highways designed and improved to carry the trafflc in
the area.
(, That no one indicated their presence at said publtc hearing in
opposition; and that no correspondence was received in opposttton to the subfect
petitiun.
PC80-201
ENVIROPlMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to construct a drive-through restauran` in the CG (Commercial~
General) and CH (Corrrnercial, Heavy) Zones cn a rectangularly-shaped parcel of land
consisting of approximately 0.7 acre~ having a frontage of approximately 100 feet on
the east side of Harbor Boulevard, having a maximum depth of approximately 290 feet
being located approximately 165 feet south of the centerltne of Wilken Way; and does '~
hereby approve the Negative Declaration from the requirement to prepare an
environmenta) impact report on the basis that there o-iould be no significant
ind•,vldual or cumulatfve adverse envtronmental impact due to the approval ~-his
Negative Declaration since the Anaheim General Plan deslgnates the subject property
for general commercial land uses commensurate with the proposal; that no sensitive
environmental impacts are fnvolved in the proposal; that the Initlal Study submitted
by the petitioner indicates no significant tndividual or cumulative adverse
environmental impacts; and that the Negative Declaratton substantiating the `oreg~ing
findings is on ftle in the C(ty of Anaheim P)anning Department.
NOW, THEREFORE~ BE IT RESOLVED that the Anahetm City Planning Commisstcn
does hereby grant subject Petition for Condltional Use Permit, upon the following
conditions which are hereby found to be a necessary prerequistte to the proposed use
of the subJect property in order to preserve the safety and general welfare ~f the
Citizens or the City of Anaheim:
1. That the existing northerly driveway on Flarbor Boulevard shall be
closed and replaced r~ith standard curb, side~~alk and gutter, as required by the
Traffic Engineer.
2. That perpetual easement agreements wlththe owners of the properties to
the north and south, prov;ding for circulation of trash trucks and vehtcles from one
parcel to the other~ shall be submitted to the City Attorney's Office for review and
app~oval. Said easement agreements shall then be filed and recorded in the Office of
the Orange County Recorder,
3. Tliat a perpetual parking easement agreement with the owner of the
property to the south, providing for a total of i~ parking spaces~ shall be submitted
to the City Attorney's Offlce for review and approval. Said parking agreement shall
then be filed and recorded in the Office of the Orange County Recorder.
4. That subJect property shail be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhtbit PJos. 1
through 3.
5. That Condition Nos. 2 and 3, above-mentioned, shall be complied with
prior to the commencement of the activity authorized under thts resolution, or prior
to the ttme that the buitding permit is issued, or withtn a period of one year fran
date hereof, whichever occurs first, or such further time as the Planning Commission
may grant.
6. That Condition Nos. t and 4, above-mentioned, shall be complied with
prior to final building and zoning inspections.
BE IT FURTtiER RESOLVED that the Anaheim City Planning CommissTon does hereby
find and determine that adoation of this Resolut~on is expressly predicated upon
a~piicant~s compliance with each and all of tlie conditions hereinabove set forth.
-~- PC80-201
Should any such condition, or any part thereof, be declared invalid or unenforceable
oad any approvalsdherein~contained,isha)1 beedeemedUnulliand~vo(dhen thts Resolution,
THE FOREGOING RESOLUTION ts signed and approved by me this 17th day of
November~ 1980.
ATTEST•
~.z. L ~ n
~' ~ - 1~- ~-~~,.~-.~
CHAIRPIAP~ R.O`TEMPORE,
ANAHEIM CITY PLANPlING COMMiSStON
, ~~ ~ .~.r/Q~~.:..~
SECRETARY, ANAHEIM CITY PLANNING COMMISSIOtJ
STqTE OF CALIFORNIA )
COUNTY OF ORAtJGE ) ss.
CITY OF ANAHEIM )
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 November 17, 198Q, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE~ KING
NOES: COMMISSIONERS: NpNE
ABSENT: COMMISSIOMERS: PRY, HERBST, TOLAR
IN WITNESS WHEREOF, I have hereunto set my hand thts 17th day of November,
1980,
SECRETARY, NAHE~~ P~qpNING COMMISSION
-3- PC80-201