PC 76-172~ ~
RESOLUTION N0. iC76-172
A RESOLUTIOM OF THE ANAHEfM CITY PLRNNING COIiHiSSION
THtiT PET1710N FOR COhlDITIONAL USE PERMIT N0. 7642 BE GRANTED.
WMEREAS, the Anaheim City Planning Commisslon dfd recelve a verified
Petitlon for Condltlonal Use PermTt from DUNN PROPERTIES, INC., P.O. Box 1439, Santa
Ana, Callfornla 92702 (Owncr); AMEP,ICAN NATi~~NAL PROPERTIES, tNC.~ P.O. Box 17027,
Irv(ne, Callfornla 92713 ~Agent) of cnrteln real property situated Tn the City of
Anah~im, County of Orange, 5tate of Californie descrlbed ns:
THOSE PORTIONS QF PARCELS i AND 2, IN THE CITY OF ANAHEIN, COUNTY OF ~RANGE,
STATE OF CALIFORNIA, AS SNONN ON A PARCEL MAP FILED tN BOOK 79 °AGES !F3 AND 44 OP
PARCEL MAPS~ IN TNE OFfICE OF THE COUN7Y RECORDER UF SAID COUtITY~ DESCRIBED AS
FOLLOWS:
BEGINNING AT THE $OUTNEASTERLY CO°NER OF $AiD PARCEI 2; THENCE ALONG THE EASTERLY
BO~NDARIES OF SAID PARCELS 2 AND 1 NORaN 0° 14' 36" NES7 88,84 FEET, NORTH
18 17' 08" EAS? 49•39 FEET ANO NORT4 0 14' 3b" V1EST 41.60; THENCE SOUTH A9° 45'
28" WEST 170.(;0 FEET; TNENCE SOUTH 0° 14' 3z" cnsT ~5~.35 FEET TO THE SOU7kERLY
LINE OF SAIb PARCEL 2; TH~NCE ALONG SAtD SOU7HE.il.Y LINE NORTH Sg° 45' 28" EAST
159.~9 FE~T TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commlsslon did schedulc a public hearing at ~he
Clty Hal) in tha City of Anahelm on August 16~ 1976~ at 1s30 p.m., natice of said
public henring having been duly given as requlred by law and in accoruanee Hith the
provislons of the Anahetm Mun~clpal Cnde, Chapter 18.03, to hear ano consider
evldence for and agatnst said proposed condltlonal use and to investigate a~d make
tlndings and recommen~etions in connectlon tlierewith; sald public hearing havtng :+een
continued to the Planning Commisslon meeting of September 13~ 1976; and
WHEREAS, sald Commisslon, after due I~spection~ investlgatlon and study mede
by itself and In its behalf, and after due conslderatlon of ail evidence and reports
offered at sald hearing~ doas find and determine the following factss
S, That the proposed use is properly one for whicfi a conditional use
permit is authorized by Code Secelon 18.44,050.300~ to wits permit a drive-through
restaurant In the ML (INDUSTRIl1L~ LIMI7ED) Zone.
2, That the propoaed usc will not adversely affect the adJoining land uses
and the grawth and development o4 the area ln whish it is proposed to be located.
3, That the size and shape of the slte propose~d 4or the use Is adequatc to
allow the futl development of tha propa~ed use in a manner not detrimental to the
particular area nur to the peace, health, safety~ end general wel4ere of tha Citizens
of the City of Anahelm.
1~, That the granting of the Conditlonal Use Permit under the condTttons
Imposed, if Any~ wlll not bc detrimentai to the peace, health~ safety and genersl
wslfsre of the Citizens of the City of Anahsim.
5, That no one indicated Lheir presr,nce at sal~ public heartng in
oppo3ltlon; end no correspondence was reeelved in oppoeltion to subJect petitlon.
ENVIP.ONMENTAL IMPACT REF'ORT FINOING: That the Anaheim Clty Planning
Cortmisslon does hereby rECOmmend to the City Council of the City of Anahelm that the
subJect proJect be axempt from the requlrement to orepare an environmental impact
teport~ pureuent to the provisions of thn ~allfornia Environmental Quallty Act.
NON, THEREFORE. OE IT RESOLVED that the Anaheim Clty Planning Ccsmrnission
does hereby grent subJect Petitton for Condittonat ilse Permit~ upon the folla+ing
condltl4ns whlch ero hereby found to be e necessary prerequlsite to the proposed use
of the subJect property ln ordor to prr.serve the eefety and general wel~are of the
Citizene of the City of Anahelms
RESOLUTION N0. PC76-172
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i, That this varlance is ~ranted subJect to the completion of ReclassT-
fication No, 73~74'S5. now per,ding.
2. That sldewalks shsil be Installed along Magnolla Avenue as requtred by
the City Engineer and in accordance with standard plans a~sd specificaiions on file in
the offlce o/ the City Engineer.
3. That the o++~ner(s) of subJect property shall pay to the City of AnaheTm
the sum of sixty cents (50e) per front foot alor~g Haanolla Avenue for tree planting
purposes.
4. Thtt the ormer(s) of sub)ect oroperty shall pay to the City of Anahetm
the ~um o~ two dullers (52.00) per }ront foot along Magnotla Avenue for street
Ilghting purposes.
5. Thet tresh storage areas shall be provtded tn aecordance with approved
plans on file with the office of the Director of Public Norks.
6. That fira hydrants shall be installed and charged as r~equlred and
determined to be necessary by the Chief of *_he FTre Department prlor to commencement
of structural framing.
7, That sub)ect ~roperty shal) be served by underground utllltles.
8. That dralnage of subJec2 property shali lse dl.posed of ln a manner
setisfactary to the City Engineer.
9. !n the event that subJecC property ls to be divlded for the purpose of
sale~ lease or finaneing, a pnrcel mep to record the approved dtvision of subJect
property shail be submitt~d to end approved by the Ct;y o! Anehetm and then be
rdcorded In the office of tha Orenge County Recorder.
1~. Thot appr~prlete weter aseessment feey, as dc~termined by rhe Jirectur
of Public Utllitles, shoil be paid to the City of Anaheim prlor to the tssuanee of a
buildlrrg pcrm)t.
11. Thet subJcct property shall be developed precisely 1n accordance with
plans arsd specificetfons on file with the City of Anahelm marked Exhibit No. 1
(Revlelon No. 1)~ snd Exhibit Nos. 2 and 3.
12. Thet Conditlon Nos. 3, 4, and 9~ above-men2loned, shall be complled
with prlor to the commencanent of the ecttv~ty authorized under this resolution, or
prior to the ttme thet the bullding permlt Is iseued~ or wlthtn a perlod of one (i)
year from detn hereof', whichever occurs firet, or such further time as the PlannTng
Cdrmission and/or Clty Councli may grant.
13. Thet Conditlon Nos. 1, 2, 7, 8 end 11, a~ve-ment~oned, sha11 be
comptled ~vith prior to final bullding and zoning inspeetlons.
THE FORE~OING RESOLUTION fs elgned and approved mn thla 1;th day o}
September 1976.
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1. ~ M N QMM ON
ATTEST:
LLL~~~~G~~c.~r/
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-2- RESOLUTION N0. PC76-172
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STATE OF CALIFORN~A )
C~JUNTY OF ORAP1f E ) ss.
C~TY OF ANAHEIN )
1~ Fatricla B, Scanlan, Secretary of the AnaheTm CTty PlannTng ~ommlssTon~
do hereby certify that the fos•egoing resolutlon ~a~ passed and adopted at a meeting
of the AneheTm City Pianning Commisslon, held on September 13, 1976~ at 1 30 p.m.~ by
the following vote of the mtsmbers thereof:
AYES: COMMI55lONERS: BARNES~ HER95T, MORLEY, TOLAR~ JbHNSOH
NOES: COMH'SSION@RS! NONE
ABSENT: COMMISSIONERS: fARANO, KiNG
IN N~TNESS WHEREOF,, I have hereunto set my hand thia 13th day ct September,
1976.
S t~ 1 E M l~', i~ MM I S I ON
n
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-3- RESOLUTION N0. PC76-172