PC 76-77~ RESOLUTION ~JO. PL7h-77 ~
A RESOLUTION OF THE CITY PLAtJWING COMMISSION OF THE CITY OF AoJAHEIH
THAT PETITION FOR COMDITlOt~AL USE PERt11T N0. 1G1'~ E3E GRAtITED.
WHEREAS, the City Planning Commission of the City of Anaheim did receive a
verified Petition for Conditionat Use Permit from IRENE At•ID CHARLES UfRMUELEtI, 11591
C:elo Place, Santa Ana~ California 92705 (Qwners); Carl Karcher Enter., Attn: David
Garrison 12tl0 N. Harbor Boulevard, Anaheim, California Q2303 (Agent) of certain real
property situated in the City of Anahe~m, County of Orange, State of California
described as:
That portion of the Southwest quarter of the Southwest quarter of Section 23.
Township 4 South, Ranye 1(1 West, in the Rancho San Juan Cajon de Santa Ana, City
of Anaheim, County of Orange, State of Calif~rnia, as shrn•m on a map recor~ied in
book 51, Page. i0 af Miscellaneous Maps, in the nffice of the county recor~ir.r of
said county, descrihed as foltows:
Beginning at the Easterly terminus of tha r~urse shown as South `i1° 11' 3~" West,
35(3.12 feet within Parcel 1 of the State Highway Relinquishment P~o. 5?.? recorded
Oecember 27, 1966 in book $136, page 3~{5 of Official Fecords; thence along the
boundary of said relinquishment the failowing courses: South fll° 11' 3~" West
35R•12 feet to the beginnin9 of a curtie c~ncave Easterjy having a radius ~f 55.~~
feet, Westerly, Southwesterly and Southerly 77.A7 feet along said curve through a
central angle of 31° 13' 45", South Q° n~' 15" East 11+.3~ feet to a point on a
non-tangent curve concave ~~ortherly having a radius of 1!?0.f1(1 feet, a ra~lial to
said p~int bears South 2~° 57' 45" West, Easterly 52.37 feet along said curve
through a central angle of 30° 00' 30", North 39° 57' 45" East ~+07.(2 feet, ~~~rth
0° 02' 15" feet to a point or. a non-tangent curve concave Southwesterly having a
radius of 97~.OQ feet a radial to said point hears North 55° 50' 2?." East,
Northwesterly 95.13 feet through a central angle of 5° 37' ~8" to the point nf
beg i nr~ i ng.
That portion of the South4~est quarter of the Sauthwest quarter ~f Section 7.3,
Township 4 South, Range 1~ West, in the Rancho San Juan CaJon de Santa Ana, City
of Anaheim, County of Orange, State of California, as per map recorded in book
51, page 10 of Miscellaneous F1aps, in the office of the County Recorder of said
County~ described as follows:
eeginning at the Easterly terminus of the Northerly line of that certain parcel
of land bounded completely ~n all sides hy Parcel 1 of State Highway
Relinquishment No. 525, as shown on the m~p filed in book 4~ pages 3~nd 4 of
High~~ay Maps in the office of the Recorder of said county, said Northerly linP
shown as havin9 .a bearing and distance of South P1° 11' 30" Wesi 35$•~2 feet;
thence along said Northerly fine and the various courses in the boundary of said
~and, South 81° 11' 3~" West 35~•~Z feet to the heginninq nf a tanqent curvr,
concave :o the Southeast having a radius of 55 feet; thence along said curve
through a central argle of $1° 13' 45" an arc distance of 77.97 feet; thence
tangent to said curve, South Q° Q2' 15~~ East 1~1.3~ feet to the heginnin~ of a
nonCangent curve concave to the Northeast having a radius of 10Q feet a radial
line through said beginning of curve bears IJorth 7_~p 57' ~t5" East; thence al~ng
said curve through a central angle of 3~° On~ 3~" an arc distance of 57..'i7 feet
to the lJesterly termi.nus of ehe Southerly line of said parcel of land having a
bearing and distance of t~orth 89° 57' 45" East h~7.FR .`eet; thence leaving the
bo4ndary of said Parcel of land, along a curve tangent to saiA Southerly line and
concave to the Northeast having a radius of 1~5 feet through a centril angie of
18° 30' 00" an arc distance of 53.2$ feet tn a point of compound curve, a radial
line through said point bears South i3° 27' 15" West; thence along said com~ound
curve having a radius of 3~ feet through a.entral angle of t3~° 02' 45" an arc
distance of 81.71 feet, a radial line through the end of said curve hears North
31° 3~' 00" West; thence tangent to said curve North 53° 3`1' ~~" East 57.~'1 feet;
thence North $1° 58' 2~" East 2R7.03 feet to the beginning of a tangent curve
concave to the Northwest hav~ng a radius of 41 feet; thence along sai~i curve
through a central an91e of 87~ 33' 15" an arc distance of 62.71 feet, a radial
line through the end of said curve bears North ti~~O 2Q' ~5" C•ast; thence al~ng a
nontangent line South 39° 4Fi' 4F" East F~~.19 feet to the point of beginning.
WHEREAS, the City Planning Commission did schedule a puhlic hearinq at the
City Hall in the City of Anaheim on April 12, 197~, at 1:3n p,m., notice of said
public hParing havin9 been duly given as required hy law and in accordance with the
RESOIIIT;tiri N0, PC7h-77
provistons of the Anahe~ Municipal Code, Chapter i~T.;, t~ hea~ and consider
evidence for and against said proposed conditional use and to investigate and make
fTndings and recommendations in connection therewtth; said puhlic hearing Aaving bern
continued to the Planning Cammission meettng of April 26, 1~7(:; a~d
NHEREAS, said Commission, after due inspectinn, investigation and study made
by itself and in its behalf, and after due consideration of al! evidence and reports
offered at said hearing, does find and deterroine the following facts:
1. That the proposed use is properly one for which a conditional use
permit is authorized by Code Section 13,44.Q50.3nn, to wit: permit a drive-[hrough
restaurant with waiver of:
SECTfON 13,0(~.~60.~233 - Minimum numher of parking spaces.
~93 required; 73 Proposed)
2. That the above-mentioned waiver is hereby granted on the hasis that
similar waivers have been granted prevtously in connection with drive-thr~ugh
restaurants having sit-doam facilities.
3. That the petitioner stipulated t~ restrictin9 the use of the existing
driveway on Katella Avenue to "entrance only" for east-bound traffic along sai~
arterial highway and, further, to redesigning and reconstructing said driveway in a
suitable manner subject to the approval of the Traffic Engineer.
4. That the proposed use will not adversely affect the adjoining land uses
and the growth and development of the area in which it is prorosed to he l~cated.
5. That the size and shape of tlie site proposed for the use is a~er~uate to
allow the full development of the nroposed use in a manner not detrimental t~ the
particular area nor to the peace, health, safety, and general ~aelfare ~f the Citizens
of the City of Anaheim.
6. That the grantinq of the Conditional Use Permit under the conditions
tmposed, if any. will not be detrimental to the peace, health, safety and general
welfare of the Cttizens of the Cit~~ ~f Anaheim,
J, That no one indi=:ated their presence at said public hearing in
op~~sition; and no corresponAence was received in opposi[ion to subJer,t petition.
ENVIRQNHENTAL IMPACT REPORT FINDItIG:
That the Anaheim City Planning Commission does hereby recommend to the City
Council that the subJect project be exempt from the requirement to prepare an
environmental impact report, pursuant to the provisions of the California
Environmental Quality Ac•t. ~
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subJect Petition for Conditional Use Permit, upon the follo~•iing
condition which are hereby found to be a ~ecessary prerequisite to the proposed use
of the subJect property in order t~ preserve the safety and gener~l welfare nf the
Citizens of the City of Anahei~:
1. That subJect property shall be developed suhstantially in accordance
with plans and specifications on file with the City of Anaheim narked Exhihit Nos. 1,
2, and 3; provided, however, that the drive~vay on Katella Avenue shall be redesigned
and reconstrucCed for "entrance only", subJect to the approval of the Trafftc
Engineer.
THE FOREGOING RESOLUTION is signed and ap oved by me this 2hth day of
Aprit, 197h.
. ~
CH ~R„~~:, .°.tiAN_ ~H CI Y LANNIWG CO"1MISSION
ATTEST:
~~ ~~
A, NAH H~ITY PLANN N COMMISS ON
-2- RESOLlITION tJO. PC]F-77
. . ~ ~
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss.
CITY OF ANAHEIM )
I~ Patricia B, Scanlan~ Secretary of the City Planning Commissi~n of the
City of Anaheim~ do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the City Planning Commission of the Lity of Anaheim, helrt nn
April 26, 1970. at 1:3~ P.m., by the following vote of the members thereof:
AYES: CQMHISSIONERS: BARNES~ HERBST, KING~ MbRLEY~ FARAt10
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: JOHNSOtI, TOLAR
IN WITNESS WHEREOF, I have hereunto set my hand this 25cfi day of April~ 1~7~•
~~~~,~~~~
SECRETARY, ANAHEIM CITY PLA~1NIqf, C~MMISSION
.3- RESOLUTION N0. PC7~~-77
. . ~ ~
54ATE OF CALIFORNIA )
COUNTY OF ORANGE )ss.
CITY OF ANAHEIM )
1~ Patrieia B. Scanlan, Secretary of the City Planning Commissi~n of the
City of Anaheim, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the City Planning Commission of the City ~f Anaheim, helrl nn
April 26~ ~976. at 1:30 p.m., by the followtng vote of the members thereof:
AYES: COMMISSIODJER5: BARNES, HERBST~ KIIJG~ MORlEY~ FARAtlO
NOES; COHHISSIONERS: NOtIE
ABSENT: COMMISSIONERS: JOHNSON~ TOLAR
IN WITNESS NHEREtlF, I have hereunto set my hand this 25th day of April, 1~7F
~~.~,~,~~.,~
SECRETARY, ANAHEIM CITY PLANtdl~af, C0~1MISS!01~
_3_ RESOLUTION N0. PC7(~-77