Resolution-PC 94-152HES LUTI N N0. PC94-152
A RFSOLUTION OF TI-IE ANAHCIM CITY PLANNING COMMISSION
'fHAT PETITION FOR CONDITIONAL USE PENMIT NO. 372t3 8E GRAN'TED
WHEREAS, the Anaheim City Planning Commission did roceive a verified Petitlon fnr
Conditional Use Permft tor certain real property situated in tho City of Anahelrn, County of OrangA, State
of California, described as:
PARCEL 1, AS SI-IOWN ON A MAP FILED IN 60QK 141, PAGES 4S AND 49 AF
PARCEL PAAFS, IN THE OFFICL" OF THE COUNTY REGORDER OF ORANGE
COUNTY, CALIFnRNIA.
WHEREAS, tne City Planning Commission did hold a publlc iiearing at the Glvic Center
in the City of Anahoim on November 14, 1994 at 1:30 p.m., notice of said public hearin~ having beon duly
c~iven as required by law and in accordance with the provisluns of the Anahefm Munlcipol CodQ, Chapter
18.03, to hear and corsider evfdence for and against ssid propo~od c~nditlonal use perrnit and to
investic~ate and make findin~s and recommendations in connection therewith; and
WH~REAS, sald Commission, after due inspection, investigation ard stu~iy made by itself
and In its bohalf, and atter due consideration c,i all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed uso is properly ona for whir,h a conditlonal use permit is autfiorized by
Anaheirn Municlpal Code Sectiun 18.4a.050.300 to permit tfie additlon of aii enclosed play/dininc~ area to
an e;:isting drive through restaurant, with waiver nt th~ fallowing:
Sections 1~~6 050 020 0233 - Minimum number of ~arkina s~aces.
1~,06.030 82 aces requirod; 58 sna~ proE~osed,
anr~18 44.060.050 as recommended by the parl<Ing domand
stu~y and concurred with by the City Traffic
and Transportation Manager)
2. That the parking waiver is necessitated by the restriping of parking lot;
3. Tl~at tP~e parkfng variance will not cause an increase in traffic congestion in t.".;.~ ImmEicfiate
vicinity nor adversely affect any adJoining land uses;
1. That the granting of the parking variance under tha conditions imposed will not be
dotrirnontal to the peace, hQalth, safety or general welfare of tho citizens of the City of Anatefm;
5. That tha proposed use is prop~rly one for which a conditional use permit ~s authorized by
the Zoninc~ Code;
d. That the proposed use will not adversely affect tha adJoining land uses a~id the growth and
development of the area in which it is proposed to be located because 4he addit(on is compatlble with the
oxistinc~ building des~gn and surrounding neic~hborhood;
7. That thQ size and shapE of the site for the proposed use i~ adequate to allow the full
developrnent ot the proposed us~ in a manner not detrimental to the particular area r;or to the peace,
health, safety, and c~enerai welfare;
CR2241 MS.W° -1- PC94-152
8. Triat the traffic c~enorat~d by the proposed use wfll nut impose an undue burden upon tha
streots and higliways designed and improved to carry the traffic in the area;
9. That the granting of t{ie conditioi~al use permft undor tho conditions impased wlll nut be
detrimontal to tho peaco, health, satoty and general wolfare of lho citizens of tlie Cfty of Anatieim hecaus9
the proposed play area is fully screenod in an enclosed building and will not be ciirectly exposed to Euclid
Stroct; and
10. That no one indicated their presence at said public hearing in ~ppositfon; end that no
corresporder~ce was received in opposition to the sub;ect petit(on.
~CALIFORNIA ENVIR()NMENTAL QUAI ITY ACT FINDING: That the Anaheim Clty f'lannfng
ComiYiissiun has reviewed the proposal to permit tho additlon of an onclosed play/dininfl area to an
~xistinc~ drive through restaurant with waiver of minimum number of parking spaces on a regularlyshaped
parcel of ;snd consistfng of approximately 0.78 acre, having a frontac~e ot r pprox(mately 125 feet on tho
east side ol Euclid Street, havinc~ a maximum depth ~t appraxlm~atoly 272 feet, being located appraximately
450 feet soiatli of the canteriino oi Catalpa Drive, and furthe~ described as '740 Nnrth Euclid Streot; and
daes hereby approve thz Negative Declaration upon (Inding that the declaration reflects tha Independent
judgement c~f tha lead agency and that it has considered tl~e Negative Doclaration together with any
cornments rl3ceived during the pubiic reviow proces~ and further finding on the basis of the initial study
and any comrnents received that thero fs no substantial evidence that the project wfll havo a significant
eNect on the environment.
NOW, THEREFOpE, f1E IT RESOLVED that the Anaheim City Planning Commisslon does
hereby clrant subjoct Petition for Conditional Use Permit, upon the foliowinc~ conditions which are hereby
found tn be a necossary prerequisite to the proposod use of ttie subJer,t property !n order to presorve tha
safoly and general welfare of the Citizens of the City of Anaheim:
1. That a plan sheet for sol(d waste storago and collection and a plan for recycling shall be subrriitted
to the Department of Maintenence for review and a~,proval.
2. That plans sha~1 be subrriltted to the Cfty Tr~ffic and Transportation Manager for his reviov~ and
approval showinc~ conformanco v:~ith :he latest revislons of Enc~(neering Standard Plan Nos, 436 and
E02 pertaining to parking standards and driveway lo~ations. 5ubject property shall thereupon be
developed ancl maintainad In conformance witli said plans,
3. 'rhat sub~ect property shall be develuped substantially in accordance with plans and specifications
submittod to che City of Anaheim by the petitioner and whlch plans are on filA with the Planning
Denartment marked Fxhibit N~s. 1 through 5.
4. That prior to (ssuance of a bulidinc~ permit or withln a per(od of one (1) year from the date of this
resolution, whichQVer or,curs first, Conditlon Nos. 1 and 2, above-mentioned, shall be complfed with.
Extensions for further timo to com~ilete safd conditions rr~y be grantod in accordance with Soctlon
18,03.090 of the Anaheim Municipal Code.
5. That prior to final buiiding and zoning inspectfons, Condition No. 3, aoovo-mentioned, shall be
complied with.
6. That approval of this application constitutes approval of tlie proposed request only to thQ extont that
it complies with the Arsaheim Municipal Zoning Cucle and any ather ap{~Iicable City, State an~ Fed 3ral
regulations. Approval does not Include any action or findings as to complianc~ or approvai of the
requ~st regarding any other applfcable ordinanca, regulati~n or requiremen~.
_2_ Prg4-1 ~?_
BE IT FURTHER RESOWED that the Maheim City Plannin~ Gommisslun doos heioby f~~d
and detc+,mine that aduptlon of this Resolution is expres~ly predicated upon applicant's comptienc~ with
oach and all oi tho conditions hereinabcvo sot forth. Shouid any such cendition, or any part thureof, be
decl~ired invalid or unentorceable by tha tinal ~udgment oi any court o( competant Jurisdictlun, thAn thfs
Resolution, and ariy epprovals herein contalnQd, shall bo doomad null and void.
THE FOREGOING RESOLUTION wa ,~opt~d at the Planning Commisslon mec~ting o(
November 14, 1994. ,~ i
%. ~' .e~w - ,i~> ~-cd ~
OHAIRWO AN ANAHEIM CITY PTIANNING COMMISSION
ATTEST:
~ 11 C.~9c +1~~'.~"~ -u _L
SECFIE RY, NANEIM CITY PLANNING COMMI ~SION
STATE OF CAIIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ANAHEIM ~
I, Margarita So!orio, Secrutary of the Anaheim City Pianning C~mmissi~n, do heroby certlfy
Iliat the loregoing iesoiution was passecl and edopted at a meeting ot the Anaheim C~ty Planning
Commiss{on held on November 14, 1994, by the following vote of ihe members thereot:
AYF.S: COMMISSIONERS: BOYDSTUN HFNNINGER, MAYER. MESSE, PEFlAZA. TAIT
NOES. COMMISSIONERS: NONE
ABSENT~ COMh11SSIONERS: CALDWELL
IN WITNE~S WHEREOF. I have hereunto set my iiard Ihis ~~~ day of
~~~L~_~ • 199A. ~ (
;~L;~jt,n~4 t_ ~ b~ UR,c~
sECRRAaY; ~1NAHEIM CITY PUINMMG COh1MISS10N
3 PC;94-1.52