Resolution-PC 96-22.:;, ~
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. RESO~Ii i lON N_~~.P_L%9~?
-- r~ r.S,~uJ'FIC~ C*~_THE Atd.AHE':~" Clr ~.r~i~l~litJt'a C'rUAI{I~I.~,wiON
THAT ~.:? ~c~;z ~=JN C'i)'ti#QITIOPv~~~ i1SE F:,P~AIT NO. 381; ~L ui3AM'~D
W'r!E~~A~, .;:~ As~h9ir,~ C~ty ~?<<nniry i.:a~~.'t~TtiS~Fr~ ," Y: r,~Ue a verift~,~~ :,;;;on for
Condftiona{ i.ise Perm:i fo: :,rottair. ~'9a1 Fro~zRy s~ ~~~taa tr•. ti~.y vi e~;~~,. ;~~, County cr' ~:~ :;~h, State
of Catifomia, descrlbed as:
THAT PORTION OF TNE NOR7HWEST :s~ARfER ':::; '' i~iE ~~~'' ~EST
QUARTER OF SECTION 7, TOWNSNIP 4~'~l7TH, RF~ivGE J WEST~ ~rl THE
RANCHO SAN JUAN CAJON DE SANTA ANA, AS PER MAP RECORDED IN
BOOK 51, PAGE 10 OF MISCELLANECUS MAPS, IN THE OFFICE OF THE
COUNTY HECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST UNE OF SAID SECTION
WITH 7HE CENTER LINE OF ANAHEIM-0LIVE ROAD AS DESCRIBED IN TNE
DEED RECORDED MAY 17, 1915 IN BOQK 275, PAGE 85 OF DEEDS; TH~NCE
NORTH 0 DEG. 15' 24' EAST TO A UNE PARALLEL WITH SAID CENTER LJNE
THAT PASSES `fHROUGH A POINT OiJ THE EAST LINE UF THE WEST 45.00
FEET OF SAID SECTION, NORTH 0 DEG. 15' 24' EAST 125.00 FEE'r FROM THE
IMERSECTION OF SAID EAST LItdE WITH A LINE ?ARALLEL WITH AND
NORTHERLY 53.00 FEET FROM SAID CENTER L1NE; THENCE SOUTH 78 DEG.
55' 20' EAST PAFiALLEL WITH SAID CENTER LJNE TO SAID EAST LJNE; 7HENCE
CANTINUING SOUTH 78 ~EG. 55' 20' EAST 125,.00 FEET; THENCE SOUTHERLY
IN A DIRECT LINE TG A POINT ON T'rIE LINE PARALL~L WITH AND
NORTHEASTERLY 53.Q0 FEET FROM SAID ,CENITER L1NE SOUTH 78 DEG. 55'
20" ~AST 135.00 FEET FROM SAID INTERS~_°CT~ON WITH THE EAST LltvE OF
THE WEST 45.00 FEET OF SAID SECTION:'i HENCE CONTINUING SOUTHERLY
ALONG SAID DIREC~ UNE TO SAID CENTER LINE; THENCE NOi'.TH 78 DEG.
55' 20' 1NEST TO THE POINT OF BEGINNING.
WHEREAS, the Ciry Planning Commiss~on did hold a public hearing at the Civic Center
in the Ciry of Anaheim on February 21, 1996 at 1:30 p.m., notice of said public hea~ing having been ~u{y
gNen as rec~uired by law arx! in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear aixi consider evidence for and against said proposed conditlonal e~se PeRnii and to
investigate and make firxiings and recommendations in connection therewith; and
WFicREAS, sakJ Commissfon, after due inspection, investigation and study made by tt~elf
and in fts behalf, and after due conslderatian af all evidence arxi reports offered at said hea~ing, does find
and determine the following facts:
1. That the proposed use is propsriy one for which a condriional use permR is authorized by
Anahefm Municlpaf Code Sectlon 18.44.050.300 to permft a 610 sq.ft. outdoor dining area in conjunct~on
wfth an ex(sting drive-through restaurant with waiver of the fa~owing:
,,~~t(ons 18.OS.050.0233 -
18.06.084
and ~ s 44.OC~i.o5Q
Minimum ns~~r of oarkina spaces•
(~_ soaces requh~.,~d; existing and approved by the Ciry
~raffic and Transportat~~-n Manager)
CR2603DNi -1- PC96-22
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2. That the parki~9 waNer, under the condftians imposed, will not cause fewer off-street
paricing spaces to be provkled for such use than the number af such spacbs necossarY to accommodate
all vehicles att~ibutable to such use under the nomial and r6asonablY foreseeal~e conditions of operetfon
of such use;
3. That the wafver, under the conditions imp~sed, will not increase the demarid and
__ competftion for parking spaces upon the public streets in the immediate viciniry of the proposed use;
4. That the wafver, under 4he conditlons imposed, will ~ot increase the demand and
~';: ompetitlon for parking spaces stpon adjacent prhiate property in the tmmediate vicinitl- of the prc~osed
uss (which propeity Is not expressly providerl as parklR9 for such use under an agreemeM in compliance
with Sectfon 18.06.010.020 of this Code);
5. Thai the waNer, under the cond-iions imposed, will not increase traff(c congestio~, noise,
air pollution, or tra~c circutatfon conflicts, within the off-streot parking areas or lots provided for such use;
6. That the waiver, under the conditions imposed, wiil not i~crease traffic congestion, noise,
air pollution, or impede vehicular ingress to or egress from adjacent properties, upon the public streets
in the immediate vicin'~ty of the proposed use;
'7. That a parking demand study for this specific use, submitted by the petitioner to
substantiate 2he requested waNers, was revtewed and approved by the City Traffic and Transportatior
Manager;
8. That the propased use is properly one for which a condftional use permft !s authorized by
the Zoning Code;
9. That the proposed use ~vilt not adversely affect the adj~ining land uses a.nd the growth and
development of the area in which ft is proposed to be located because ft is compatibie with the adjacent
commercial shopping center and the immediate neighborhood;
10. That the size arxl shape of the site for the proposed use is adequate to allow the full
development of the praposed use in e manner not detr(mental to the particular area na to the pe~ce,
health, sarery, and general welfare;
11. That the traffic generated by the prop~sed use will nat impose an undue burde:~ upon the
streets and highways designed and improved to carry the traffic in the area;
12. 7hat the granting of the conditlona! use permit, under the conditions impased, wpl not be
deMmental to the peace, h~aith, safety and general welfare of the cft(zens of the Ctty of Anaheim; and
13. That no one indfcated their presence at said public hearing in opposition; and that no
canespondence was receNed in opposftfon to the sub~ect petition.
-2- PC96-22
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('AUFORNIA EM/IRONMENTAL QUALITY ACT FINDING: That the Anaheim Ciry Planning
Commission has revtewad the proposal to permft a E10-square foot outdoor dinfng area in conjunction with
an existing dfire-through restauraM wfth waive~ of miRimum number of parking spaces on a rectangulady-
snaped parcel of land consisting of npproximately 0.36 acre located at the northeast comer of Llncdn
Avenue and Rio Vista Street, having approximata frontag~s of 125 feet o~ the north side of Lincdn Avenue
and 1~5 ieet on the east stde of Rfo Vista Streot, and fuKher described as 2801 East Uncdn Avenue (Del
Taco); and does hereby approve the Negative Dedaration upen finding that tt~e dedara~,on reflects the
inde~sendent JudgemeM of the lead agency arxl that ft has considered the NegatNe Dedaratfon together
with any comments receNed during the publfc re~riew process and further flnding on the basis of the initial
study and any commenYS received that there is no substantia~ evidence that the project will have a
significarrt effect on the ernfronment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim ~ity Planning Cnmmfssion
does hereby grant subject Petftion for Conditionai Use Permit, upcm the follo4ving conditions which are
hereby found to be a necessary prerequisfte to the proposed use of the subject property in order to
preserve the safery and general welfare af the CRizens of the Ctty of Anaheim:
i. That the appropr(ate tra~c signai assessment feA 3i.,~; b~i ~?-c t~ the Ciry of Anaheim tn an
amount as establ(shed by ~iry Counc(I resolutior:._
2. That the applicant shall pay a traffic and transporta!Hx~ fsr.;.~!~rfF~,~eM fee to the Ciry of Anaheim,
Traffic Engineering DNision, (n an amount established by ~he f':. y Council resolution. This fee will
be used to fund traffic and transportation improvements with(n this area impacted by this proJect.
Said fee shall be subject to a~djustment by the Ciry Council.
3. That plans shall be submftted to the City Traffic and Transportation Manager for his review and
approval showing conformanae wfth the latest revisions of Engineering Siandard Plan Nos. 436
and 602 pertaining to parking siarxiards and driveway locations. Subject property sha~l thereupon
be developed and maintained in cor~fom~ance with said plans.
4. That all driveways shall be reconstructed to accommodate ten (10) foot radius curb retums ir,
coMormance with Engfneering Department Standards.
5. That the on-site landscaping and iifigation system shall be refurbished to indude at least sbc (b),
m(nimum frfteen (15) gallon sized, 4rees planted adjacent to Llncoln Avenue, and further that said
landscaping shall be maintained in compUance wfth City standards.
6. That a minimum three (3) f~oot wfde landscaped and irrigated ~lanter shall be installed and
maintained adJacent to the southerly edge of the outdoor dining area.
7. That subject property shafl be developed substantially in accordance wfth plans end specffications
submitted to the Ciry of Anaheim by the petitioner and which plans are on file wfth the Planning
department marked Exhibit No. 7.
8. (a) That the petitioner shall meet with the Anaheim Pdice Department to deiermine the need for
a private security ausrd at subject facility. A maximum of one (1) Iicansed securiry guard
shall be providec! ff determined to be necessary by the Pdice Departmerrt; and
(b) That the Planning Commission shall be infonnai of the outcome of Lhe Anaheim Pdice
Depanment's recommendation regarding a security guard.
9. That within a period of ninety t90) days from the date of this resdution or prior to use of the
outdoor dining area, whichever occurs first. Cundition Nas. 1, 2, 3, 4, 5, 6 and S(a), above-
mantia~ed, shall be completed .
~ .z_ PC96-22
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10. That prior to final building and zonfng inspections or prfar to use of the outdoor dtning area,
whichever occurs first, Co~itfon t~lo. 7, above-mentioned, shatl be complied with.
11. That approval of thls ap~iication constftutss approval of tfie proposed request only to :he_exterrt
that R complies with the Anahe[m Mun(cipal Zontng Coda and any other applicable City, State arxi
Federa! regulations. Approval does not indude any action or fiindings as to compliance or
approval of the request regarding any other applicable ordinance, regulation or requiremerrt.
t2. That the grarrting of the parfcing waNer is contingerrt upon operatlon ot the aQproved conditional
use ~n conformance wtth the assumptions relating :o the operation and irrtensfty of the use as
contalned in the parking demand study that foRned the basis for approva! of said wafver, and
4~at exceeding, vidating, intsnsffying ar othervvise deviating from any of said assumpilons as
contained in the parkfng demand study shall be deemed a vidation of 4he express comdftlons
imposed upon said termination or modHicaticn pursuani to the provisions of Secilon 18.03.091
and 18.03.092 of this Code;
BE IT ~URTHER R~SOLVED that the Anaheim Ciry Planning Commission does hereby
find arxi determine that adoption of ihis Resolucion is expressly predicated upon applicanYs comp{fance
~vith each and all of the condRions herefnabove set forth. Should any such condition, or any part
thereof, be dedared invatld or unenforceable by the final JudgmeM of any court of competent
Jurisdiction, then thfs Resolutfon, and any approvals herein conta(ned, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
F9bruary 21, 1996.
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CI-VA WOMAN ANAHEIMI CI LANNING COMM~SSION
ATTEST:
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SECR ARY, NAHEIM CITY PIANNING COMMISSION
STATE OF CAUFORNIA )
COUNTY OF OHl~NGE ) ss.
CITY OF ANAHEIM )
I, Margarita SoEorio, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing rasolution Hras passed and adopted at a meeting of the Anaheim Cfty
Planning Cammission held on February 21, 1996, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, eOYDSTUN, BRISTOL, HENNINGER, MAYE~, MESSE, PERAZA
NOES: CAMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONF
IN WITNESS WHEREOF_ I have hereunto set my hand this CJ~ ~~day of ~~~~,~~
1996. /~ "~
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SECRECAa' ANr1HEIM CITY PLANNING COMMIS510W
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