PC 80-240Fwey F"~'1
RESOLUTIOt! tJO. PC80-240
A RESOLUTI OIJ OF THE ANAHE I M C ITY PL/1t111I NG C011M I SS 1011
i'}1AT PETITIO~! FOR COIdDITIOtJ~L USE PER~11T tJO. 2153 BE GRAPlTED
WHLREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from NORTf141EST Y.EiJDALL PROPERTIES, 736U Horth
f:endall Drive, Miami, Flo~ida, 3315G, o~oner, and F T C, IP1C., Attention Greg [iotich,
1426 East f:atella Avenue, Anaheim, California 928D5, agen*_, of certain real p*operty
situated in the City of Analieim, County of Orange, State of California, described as:
That portion of tlie South half of Lot 13 of tlelen and Lynch's
Subdivision oT the blest half of Section 1G, Township lE South,
Range 10 'dest, San Dernardino [3ase and Meridian, in the City of
Anaheim, as shown on a map recorded in book 1~1~2, page 15~i of
Ueeds, Records of said Orange County, stiawn as Parcel 1 of Parcel
Map recorded in book 30, page 2G of Parcel ~1ap records of said
Orange County.
WHEREAS, the City Pianning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on December 1~, 1q80, at 1:3n p.m., notice of said
public hearin~ having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, ChapCer 18.03, to hcar and consider
evidence for and against said proposed conditior.al use permit and to investigate and
make fincJings and recommendations in connection tliere~vitfi; and
WFi[REAS, 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 liearing, does find and determine the follaving facts:
1. That the proposed use is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 1G./~l+,n5~.3~~ to wit: to
permit a drive-through restaurant.
2. That the proposed use arill 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
allow the full development of the proposed use in a manner not detrimental to the
particular uo-ea nor to tl~e peace, I~ealth, safety, and general welfare of the Citizens
of the Lity of Anaheim.
4. That the granting of the Conditional Use Permit under the conditions
imposed, if any, wi11 not be detrimental to the peace, health~ safety and general
welfare of ttie Citizens of tl~e City of Analieim.
5. That the traffic generated by thc proposed use Urill not impase an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area.
PC80-240
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6. That no one indicated their presence at said public hearing in
opposition; and that no correspondence ~•ias received in opposition to the subject
petition.
EilVIROt111EtdTAL IMPqCT FIIJDI~~G: That thc Anaheim City Planning Commission has
reviewed thc proposal to permit a drive-ttirough restaurant in the CL (Commercial,
Limited) Zone on an irregularly-shaped parcel of land consisting of approximately
O.G9 acre, having a frontage of approximately 15~ feet on the east side of Euclid
Street and having a maxinwm depth of approximately 220 feet and being located
approximately 340 feet south of the centerline of Tedmar Avenue (570 South Euclid
Street); 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 tJegative Declaration since the Anatieim General Plan clesignates the su5ject
property for general commercial land uses commensurate a~ith 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 PJegative Declaration substantiating the
foregoing findings is on file in the City of Anaheim Planning Department.
tJO:J, TtIEREFORE, BE IT RrSOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, uron the following
conditions which are hereby found to be a necessary prerequisite to the proposed use
of the subject propcrty in order to rreservc the safety and generai welPare of the
Citizens of the City of Anaheim:
1. That subject pronerty shall be developed substantially in accordance
with plans and specifications oi file with thc City of Anaheim marked Exhibit No. 1.
BE IT FURTHER RESOLVED tfiat the Anaheim City Planniny Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's coirpliance +viYh each and all of tl~e conditions hereinabove set forth.
ShoulJ any such canditian. or ar.;~ patt Lhereof, be d~clar~d invalid or unenforceable
by the final judgment oT any court of competent jurisdiction, then this Resolution,
ancl any approvals herein contained, shall be deemeJ null and void.
THE FOREGOING RESOLUTIOt! is siyned and approved by me this 15th day of
Decertber, 1950. C/~
CHAI MAN, ANAtI[IM CITY PLAtJ1JIIIG COMMISSION
ATTEST: ~ .
SECRETARY. AWAHE111 CITY P ANNING COMNIS51011
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PC8o-240
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STATE OF CALIFORNIA )
COUt~TY OF ORA~JGE ) ss .
CITY OF ANAHEIM )
I~ Edith L. flarris, Secretary of the Anaheim City Planning Commission, do
hereby certify tha[ the foregoing resolution was passed and adopted at a meeting of
the F~naheim City Planning Commission held on December 15, 19f3'), by the foliowing vote
of the merrbers thereof:
AYES: COM111SSIOHERS: BARtJES, E30UAS, BUSfIOR[, FRY, Y.ItJG, TOLAR
NOES: COt1P11 SS I OtJERS : PIONE
AQSEhIT: COMMISSIONERS: HERBST
IPJ WI71JES5 IJf~EREOF, I have hereunto set my hand th?s 15th day of December,
1980.
`~ ~~J ~ ~~ ~
SECRETARY, ANAHEIM CITY PLl1NNINf, C,OMMISSlOt!
-3' PC80-?40 `