PC 85-136RESOLUTION NO. FC85-1.36
A RESOLUTIOPI OF THE ANAHEIFf CITY PLANNING COMMISSIUi1
THAT PETITIUN FOR CONDITIONAL USE PERMIT N0. 2682 DE GRANTF.D
Wf1EREAS, the Anaheim City Planning Commission did rece'
verified Petition for Conditional Ose Permit from ANAHEIhI CENTER
2716 Oc lve a
ean Park Bouievard, Santa Monica, CaliEornia COMPANY,
h1iCHAEL p, pl~y,REN, c/o CGB-VAL 90405, owners
Oran~e, California 92665 ~ IN~'' 1y40 Nurth Tustin Avenue ' and
the Cit (a9ents) uf certain reyl ~ 5100,
y ot Anaheim, County oE Orange, State of CaliFocnpa,tdeac ih d asin
PAI2CEL A:
PARCEL 6, AS SHOWN GN A FARCEL MAP FILED IN BOOK 146 PAGES 27
TO 29 INCLUSIVE OF PARr_EL MAPS, IN THE OFFICE OF THE COUNTY
RE;C~RDER OF SAID CpJNTY.
F'ARCEL g;
~ MU'1'UAL RECIPROCAL AND l~GN-EXCLUSIVE EASEMENT AS i90RE
PARTICULARLY DESCRIBED Tf1EREIN OVER FARCELS 1~ ~ AND 5, AS
SHOWN ON A PARCEL MAP FILEU IN EOOK 148, PAGES 27 Tn 29
INCLUSIVE OF PARCEL MAYS, IN THE OFfICB OF' THE COUNTY~ AS SET
FUR1'H IN AN INSTRUMENT RECO.DED DECEMRER 31, 1973 IN BOOK
13453, PAGE 82 OFFICIAL RECORDS, AS AMENDED BY AN INSTRUMENT
RL•'CGRDED NOVEMBER 7, 1980 IN BCYJK 13826, PAGE 218 OFFICIAL
i2ECOdDS.
WEIEREAS, the City planning Commission did hoid a public hearing
at the Civi~ Center in the City of Anaheim on May 29, 1985, at 1;30 p,~;,~
notice of said pub'Lic hea;ing having been duly 9iven as required by law
and in accordance with the provisions ef the Anaheim Municipal Code,
Chapter 18,p3, to hear and consider P~~d,,.,,.,_
~~!'Pp5^~ ~onditiuuai use permit and to i.mvestigate~and make ~find ngssand
recommendakions in connection therewith; and
W[iEREAS, said Commission, after due inspection, investigation
and study made by itcelf and in its behalf, and after due consideration
of all evidence and reports offered at said hearing, does find and
determine the following facts:
conditional~ That the proposed use is properly one for which
use permit is authori2ed by Anaheim Municipal Code Sectio^
18.44.05U.p10 to wit: to permit on-sale beer and wine in an existing
drive-through restaurant with waiver of the following:
SECTIONS 18.05,p5p,p?Z _ Minimum number of arkinq~PS.
18.06.050.0221 (678~CeS reyuired; 558~ p~~~s existinr,j
18.06.050.0231
18.06.080 AND
1A.44.-,050
0542r
PC85-136
2. That the proposed use is hereby gcanted on the uasis that the
petitioner stipulated at the public hearing that t~eec and wine will be served
in non-disposable glassware containers and that no beer and wine will tie
served through the drive-Lhrough facility.
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 Eor the use is
adequate to allow the full development of the proposed use in a manner not
detrimental to tiie 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 Ose Perm.it undez the
conditions imposed, if ar.y, will not be detrime~tal to the peace, health,
safety and general we.lfare of the Citizens of the City of Anaheim.
6. That the t~aFfic 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 heacing in
opl~osition; and that no correspondence was received in opposition to the
su~~j?ct petition.
EN6'IRONMENmAL iP'PACT FINDING: That the Anaheim City Planning
Comraission h~.s reviewed the ?roposal to permit on-sale beer and wine in an
existing dri~~e-through resta~~rant with waiver of minimum numbec of packing
spaces on an ircegularly-:>haped parcel of land consistinq of approximately 0.5
acre located at the southeast cocner of Lincoln Avenue and Clementine Street,
and further described as 290 West Lincoln Avenue (California Chicken); and
does hereby approve the Neyative Declaration upon `inding that it nas
considered the Negative Declaration togetFer with any comments received during
Lhe puhlic C~V]nW oror_ec~ and fUYYhnf f9n~3•'n~ n.. rh~ ha~is of th~ ±r.ftfaZ
study and any conments received that there is no substantial evidence that the
project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Aaaheirn c'ity Planning
Commission does he°eby grant subject Petition for Conditional Use Permit, upon
the following conditions which ace hereby found to be a necessary prer?quisite
to the pcoposed use of the subject pcoperty in order to pre~::ve the safety
and yenecal we:fare of the Citizens of the City of Anah~im:
1. That the sale of and dispensing of beer and wine shall not occur via
the cirive-through window, and ::ucl~ sales shall be only in
nun-disposable 9lassware to sit-down customers.
2. That trash storage areas shall be provided and maintained in
accordanc~~ with approved plans on file with the Street Maintenance
and Sanitation Divisa.on.
3. That the proposal shall comply with all signing reguirements of the
CL 2one, unless a variance allowing si.gn waivers is aporoved by the
Planning ~ommission or City Council.
-2- PC85-136
h• That no alcoholic beverages, except. beer and wine shaZl be sold or
consumed on the premises of the subject restaurant.
5• That subject pro~erty shall be developed substantially in accocdance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 through 3.
6• That prioc to the commenc~me~t of the activity authorized under this
cesolution, oc within a period of one year from the date of this
resolution, whict~ever occurs tirst, Condition Nos. 2 and 5,
above-mentioned, sl~all be complied with. Fxtensions for further
time to complete said conditions may be gcanted in accordance with
Section 1H.u3.09U of the Anaheim Municipal Code.
HE I'r FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and dE:termine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinatove set forth. Should any such conditions, or any parc thereof, be
declarec invalid or unenforceable by the final judgment oE any court of
competent jurisdictir~n, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
T[iE FOREGOING RESOLUT;ON is signed and apYtovQd by me this 29th day
of May, 1985. / _
_ ~ /! f~
__._...~ %/ / c,~ ~ ~~1--•l G
CIiAZP.MAN, ANAHE T ITY PLANNING COFIMISSIUN
ATTEST: ~
~' C' ,' L, .; i;~'L L :
SECREI'ARY, ANAHEIM CI1'Y PLANNINC COI,MISSIOPI
STATE OF CALIFORNIA )
CQi;:7m: CF C::„I~c;i I ss.
CZTY OP ANAHEIM )
I, Edith L. Harris, Secretacy of the Anaheim City Planning
Conmission, do hereby cettify that the foregoiny resolution was passed and
adopted at a meeting oY the Anaheim City Planning Commission held on May 29,
1985, by the following vote of the membecs thereof:
AYE;S: COMMISSIONERS: BUUAS, PRY, HERBST, KING~ LA CLAIRE, MC BURNEY
NUES: CUPIMISSIONERS: NUNE
ABSENT: COMFSZSSIONERS: BUSHORE
IN WZTNESS WHEREOF, I have hereunto set my hand this 29th day of
May, 1905.
i / , .~ ~ _.,r ' .
;'- t.C.E .. ~-.LLi1~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3 PC85-136