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PC 76-154J~ . ~ ~ RESOLIITIQN N0. PC76-15~i A RESOLUTIOF! OF THF AhAHEIM CITY PLA~IPII~J~ COt1MI5510tf THAT PETITI~PI FQR CONDITI~t7AL U~E PERt11T IJq. 1~41 BE f,2ANTED, 4Jf1ERE/15, the Anaheim City Planning Commission d!d receive a verified Petition for Conditional Use Permit from STAFl1C, IPIC., c/o SHS:LL ~IL CQ., RAY P04!FLL, P. 0. P.ox 2q15l3, San Die~o, Catifornia ?212n (Owne:r) of certain real pronertv situated in the City of Anahein, County of Orange, State of California descrihed as: TI1AT PORTIOt! of the P;orthwest quzrter of the Southwest quarter of Section 7, Township 4 South, Range ~ lJest, in the Rancho San J~:an Ca.jon de Santa Ana, as per map recorded in book 51, pane ln, of Niscellaneous Maps, in the OfficP of the County Recorder of said County, described as follows: Ei~~l!l~~l!lG at the intersection of the IJest lin'e of said section ~•~ith the center line of llnaheim-Olive Road as described in the deed recorded May 17, 1~15, in boolc 275, page 35 of 1leeds; thence Plorth !1° 15' 2~P' East to a line parallel with said center line that passes through a point on the East line of the West ~~y.0~ feet of said section, PJorth 0° 15' 2~I" Fast 125.OQ feet from the intersection of said East line with a line parallel with and Northerly i3.~~ feet from said center line; thence South 7fi° 55~ 20" East paral'lel with said center line to said East line; thence continuing South 7?° S5' 20" East 125.~0 feet; thence Southerly in a direct line to a point on the line parallel with and Plortheasterly 53.~~ feet from said center line South 7R~ 55~ 20" East 135.~~ feet from said intersection with ti~e Cast line of the West 45.00 feet of said section; thence continuing Southerly along satd direct line to said center line; the~ce North 7~° 55' 2Q" lJest to the point of beyinning. WHEREAS, the City ?',anning Commission did hold a puhlic hearing at the City Hall in the City of Anaheim on August 16, 1976, at 1:3Q p.m., notice of said puhlic hearing having been duly given as required by taw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 1~.03, to hear and consirler eviJence for and against said proposed conditi~nal use and to investigate an~1 make findings anci recommendations in connection therewith; and IJHEREAS, 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 hearing, does find and determine the fotlowing facts: 1. That the prop~sed use is properly one for which a conditional use permit is authorized by Code Section 1Q.44.05Q.°,OQ, to wit: permit a drive-through restaurant in the CL (CQt1MERCIAL, LIt11TFD) ZOtlE, with waiver of: SECTION i£3.06.Q5Q,Q233 - Minimum number of arl<ing s ac~s. 35 required; 2 proposed 2, That the above-menttoned waiver is herehy granted on the basis that similar waivers have been granted previously in connection ~Ni~li drive-through restaurants having sit-down facilities. 3. That the petitioner conflrmed that the existing driveway closest to the intersection of Lincoln Avenue and Rio Vista Street, l~cated on Rio Vista Street, o-~i 11 be closed. 4. Tliat the proposed use will not adversPly affect the adJoining tand uses and the growth and development of the area in which it is proposed to be located. 5. That the size a~d shape of the site proposed for the use is adeauate to allo~•~ the full development o` the proposed use in a manner nnt detrimental to the particular area nor to the peace, F~ealth, safety, and general welfare of the Citizens of the City of Anaheim. L•. That the granting of the Conditional lise Permit under the conditions imposed, if any, will not 6e detrimental to the peace, health, safsty and general welfare of the Citizens of the City of Anahetm, 7. That no one indicated tliair presence at said public hearin9 in opposition; and no correspondence was received in opposition to suhiect petttion. RFSOLUTIQN N0, PC7F+-154 , ~ , r ',, ~ ~ Et11~IROPlME?lTAL lNPRCT °EPORT FIMDIt!G: That the Anahetm City Planninc~ Commission does hereby recommend to t•tie City Council of the City of Anaheim that the subject proJect be exempt from the requirement to prepare an environmental impact report, p~rsuant to the provisions of the California Environmental Quality .4ct. tJOW, TfIEREFORE, RE IT RESOLVED ihat the Anaheim City Planning Commission does hereby grant subject Petition for Condittonal Use Permt;, upon the folloa~inn conditions which are hereby found to be a nr,~assary prerequis:te to the proposed use of the subject property in order to preserve the safety and generai aielfare of thr. Citizens of the City of Anaheim: 1. That the owner(s) of subJect property shall pay to the City of Anaheim the sum of sixty cents (60G) per front foot along Lincoln Avenue and Rio Vista Street for tree planting purposes. 2. That the owner(s) of subJect property sha1) pay to Chc City of Anaheim the sum of to~o dollars ($2.00) per front foot along Lincoln Avenue and Rio Vista Street for street ligfiting purposes. 3. That trash storage areis shall be provided in accordance with approv~d plans on file with the office of the Dirr.ctor of Public 4lorks. 4, That subject property shall be served by underground utilities. 5, That drainage of sub)ect property shall be disposed of in a manner satisfactory to *_he City Engineer. 6. That the owner(s) of subJect property shalt either remove the underground gasoline tanks or fitl them with sand ar slurry, as anproved by the City of Anaheim Fire Department. 7. That subJect property shall be developed substantlally in accordance with plans and specifications on file with the City of Anahelm marked Exhibit ~~os. 1, 2 and 3, 8, That Condition Nos. 1 and 2, ahove-mentioned, shall be c~mplied •,~ith prior to the commencem~nt of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereofi~ whichever occurs first, or such further ttme as the Planning Commisston may grant. 9. That Condttion Ilos. 3, 4, 5, 6 and 7, ahove-mentloned, shall be complied with prior to final building and zoning inspactions. TI1E FOREGOING RESOLUTION is signed August, 197G, AT'fE T; G2~e~Gl~f~ ECRETARY, ANAtiEl~f C17Y PLANNING Ot111 SSIOtJ ~TATE OF CALIFORNIA ) COUDITY OF ORANGE )ss. CITY OF ANAHEIM ) I, Patricia B. Scanlan, Secretary of the AnahPim City Planning Commission, do hereby certify that the foregoing resolutlon Mias passed and adopted at a meeting of the Anaheim City Planning Commission, held on Flugust 16, 1g76, at 1:3~ P.m•, bY the following vote of tha members thereof: P.YES: COMt115510tdERS: BARPIES~ FARANO, HERBST, Kltrf,, MORLEY, TOLAR, JOHNSON NO[5: COHMISSIONERS: NONE ABSENT: CO14MISSIOtJERS: HONE IP! 4117NESS WHEREOF, I have hereunto set my hand this iFith day of August 1?76. ~C/!7.%~%~~5~1~~~~=C~iLt~ SECRETARY, APIAHEIM LITY PLANNIP1f, COMMISSION ~2- RESOLUTION N0. PC76-154