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RESOLUTION N0. PC76-78
A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM
TNAT PETITION FOR CONDITIONAL USE PERMIT N0. 1613 BE f,RANTED.
WHEREAS, the City Planni~g Commission of the City of Anaheim did receive a
verified Petition for Conditional Use Permit from MRS. ADELINE THOMPSON FECHTER, 5155
Cribari Knolls. San Jose, Californla 95135 (Owner); COLWELL RAY HORNACEK OKINAKA.
INC., P.O. Box to65, Tustin, California 92680 (Agent) of certain real property
situated in the City of Anaheim, County of Orange, State of Caltfornta, described as:
The tJorth 200 feet of the West 200 feet of that portion of the Northwest quarter
of Section 7, Township 4 South, Range 10 West in the Rancho Los Loyotes, as shnwn
on a Map recorded in book 51, page 10 of Miscellaneous Maps, recorcls ~f Orange
County, California, described as follows:
Beginning at the Northwest corner of said Section 7; the~ce Easterly along the
North line of the Northwest quarter of said Section 7, 66E~.00 feet to a point;
thence Southerly 366.00 feet on a line parallel to the Westerly line of the
Northwest quarter of said Section 7; thence Westerly on a direct line to a pcint
in •the West iine of said Northwest quarter of Section 7, said point being 3F6.f10
feet Southerly from the Northwest corner of said Sectlon 7, measured along the
said Westerly line thereof; thence North 3~6.00 feet to the point of begtnntng.
WHEREAS, the City Planning Commission dic~ hold a puhlic hearing at tlie City
Hall in the City of Anaheim on April 26, 1?76, at 1:30 P•m., notice of sald puhlic
hearing having been duly given as required by law and in ~ccordance v~ith the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed conditional use and to investigate and n;ak.e
findtngs and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation an~ study made
by Itself and in its behalf, and after due consideration of all evldence and reoorts
offered at said hearing. does find and determine the following fects:
1. That the proposed use is property one for which a conditional use
permit ts authorized by Code Section 18.44.05~.300, to wit: permit a drive-through
restaurant, with waiver of:
SECTION 18.06.06~.0233 - Minimum Rumber af parking spaces.
~31 required; 26 pro~osed)
2. That the above-menttoned waiver is hereby granted on the basis that
simllar waivers have been granted previously in connection with drive-through
restaurants having sit-down facilities.
3. That the petitioner stlpulated to termtnation of Variance No. ?93 which
established a service station use on the subjezt property, since said variance would
~o lon9er be applicable.
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 praposed to hr. located,
5, ihat the size and shape of the site proposed for the use is ~deauate to
allow the full development of the proposed use in a manner not detrimental to the
particular area ~or to the peace, health, safety, and gene~al tiaelfare of the Citizens
of the City of Anaheim.
6. That the granttng of the Conditionai Use Permit under the conditions
imposed, if any, wil) not be detrtmentat to the peace~ health, safety and gencral
welfare of the Citizens of the City of Anaheim.
7. That no one indicated their presence at said puhlic hearing in
opposition; and r,o sor~espondence was recelved in opposition to subject p~tition.
ENVIRONMENTAL IMPACT REPORT FINDING;
That the Anaheim City Planning Commtssion does herehy recommend to the City
Council that the suhJect proJect be exempt from the requirement to prepare an
RESOLUTIOrI I~O. Pt7~-7A
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RESOLUTION~~O. PC76-78
A RESOLlfTION 01' THE CITY PLANNlNG COMM15510N OF TNE C9TY OF ANAFtr1M
THAT PET~TION FOR CO~DITIONAL USE FERMIT N0. 16t3 BE PPni~T.CD.
WHEREAS, the City Planning Cummission of tF~e CSty of Artahe1n ~id receive a
verified Petttion for Conditional Use Fermlt from MRS. AOfL~13E TNOMPSON FECHTER, 5155
Cribari Knolls, San Jose. Californla ~5135 L~~+:+>`-r); COLWEL. RAY HQRNACEK pKINAKA,
INC., P.O. Box 1066, Te~stin, Califernla 92680 (A9ent1 of certc~ln real property
situated in che City of Anaheim, County of Orange, SxaCe of Califcr~nia, descrihed as:
The North 200 fce~c of the West 200 feet of that partion of the Northwest quarter
of Sectlon 7~ Townsh9p 4 Si;:ith~ Range 10 West in the Rancho Los Coyotes, as shown
on a Map recorded in bouic 5'1, page 10 of Miscellaneous Maps, recor~ls nf Orange
County, California, described as foilor~s:
Beginning at the Northwest corner oi ~a~d Seetion 7; thence EastePlY along the
North 1 ine of the Northwest quarter o~' ,raid SECtlon 7, ~~6ti.~0 f~.et t.r,~ a point;
thence Southerly 366.00 feet an e lirt~ parallel ~,o 'the Wese:cly 1?ne of the
Northwest quarter of said S~ecCion i; thenei. WestePaY d'1~ a dir,.:" lii~e to a potnt
in the West ilne uf said North>~+es4 qtr,.~rter Gi :act?an ;'. c.:,id ~a~.~t bein9 iF~.~~
feet Southerly from the Northw~st curnar of satd Sect(on 7~ measur~ii alur~ Lhe
said Westerly ltne thereof; aS~ef'~~e Nort•~ 3ha.b0 feet tc Fn0 oo3^y ~~ ~5ginning.
WHEREAS, the City Plannin; •^ammtwsion did hold a puhlir, ~~,r~~g tiL the City
Hall in the City of Anaheim on Aprld :f"~ 1?76, at 1:3~ P•m•, ~'~~~'~P or ~aid Puhlic
heartn9 having been duly given as reouired by latir .:~^,;•I ir, accordar._~ v~ith the
provlsions of the Anaheim Municipal f.~de, Chapter 78.'13,: !",• he~r and consider
evidence for and against said proposed conditional u~~ an~i tn 9nvesti9ate ~nd mak.e
findings and recortmendations in connection therer;~ith; and
WHER~AS~ said Comm~ssfon, after Jue inspactio~?, inv~stigation and study made
by itself and in tts behalf, and after due considerat'v~+rt ot• all evidence and reports
offered at said hearing~ does find and determine the fo11~T~d1ng facts:
1. That the proposed use ts pro~tprly o~e for which a conditi~nal use
permtt is authortzed by Code Sectlon 18.44.050.300, to wit: permft a drive-through
restaurant, with walver of:
SECTION 18.06.060.0233 ~ Minimum numher of parking spaces.
(31 required; 26 proposed)
2. That the above-mentioned waiver ls hereby granted on the basis that
similar waivers have besn granted previously in connection with drive-through
restaurants having sit-down facilities.
3. That the petitioner stipulated to termination of Variance No. ?93 Which
established a service statian use on the subJect property, since said variance would
no longer be applicable.
4. That the proposed use will not adversely affect the adjoining land uses
and the growth and development of the area fn which it is proposed to be located,
5, That the size and shape of the ".ite propo~ee:d for the use is adeauate to
allow the full development of the proposed use in a mannnc not detrimental to the
parttcular area nor to the peace, health, safety, and ~~?+~eral ~aelfare of the Citizens
of the City of Anahetm.
6. That the granting of the Condittonal Use Permit under the conditions
imposed, if any, wili not be detrimental to the peace, health~ safety and general
wetfare of Yhe Citizens of the City of Anaheim,
7, That no one indicated their p'resence at said puhlic hearing in
oppositton; and no correspondence was recelved ir~ opposition to suhject pPtition.
ENVIRONMENTAL IMPACT RIPORT FINDING:
That the Anaheim C(ty Pta~ning Commission does herehy recommend to the City
Council that the subJect proJect be exempt from the requirement to prepare an
RESOLUTIOPJ N0. PC7~-7A
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e;rvironmental impact repurt~ pursuant to the pravislons ef the Lalifornia
Environmental Quality Act.
NOhJ, THEREFORE, BE IT RESOLVED thrt t„he Anahelm Llty Pla^ning Commission
does hereby grant subJect Petition for Condtiione~ liso Pormit. unan 1'le folloti•inc~
conditlons which are hereby found to be a n~ecessa7~ prerec~uis(t~z to kh~ propased use
of the subject property in order to preserve thn safeLy and gene~~al wErKare nf the
Citizens of the City of Anaheim:
1. That strcet lighting facilitles a~artg La Pa9ma 4.vr.nue and Magnc]is
Avenue shall be instalted as required !~y the Dlrector of Fuciir ~3tiliti~~~ 5•nd in
accordance with standard plans and specifications on `ile in the nfRTGP. ~€ t':e
Director of Public Utiltties; or that a bond in an amount and form sai,isfac~ory tn
the City of Anaheim shall be posted with the City to guarantee tH¢ iristallatlon c~f
the above-mentioned requtrements.
2, That, as stipulated to hy the petitioner, ihe property awner(s) shall
request termination of Variance No. 293. Which establlshed a service station us~e on
the property, said variance being no longer applicahle.
3, That subJect property shall be developed substantiall, ~n accora~nce
with plans and speciftcations on file with the Ctty of Anaheim marke.~i Exhtbit tVo~±, 1,
2, and 3.
~, That Conditlon Nos. 1 and 2~ above-mentioned, shall be coR.Ai?c~tl with
prior to commencement of the activity authorized under this resotution, or vrior to
the time that the building permit is issued, or within a period of one year frnm d~tP
hereof, whichever occurs first, or such further tim:• as the Planning Conmission
and/or City Louncil may grant.
THE FOREGOING RESOLUTION is signed and approved by me this ?.bth riay of
Auril, 1976.
CHAIRMAN, ANAHEIM CITY PLANNING C0~IMISSIOPI
ATTEST:
~G:~~~'• ~L~Cl:~~
SECRETARY, ANANEIM CITY PLANIJING COt1MI5510N
STATE OF CALIFORNIA )
COUNTY OF ORANfE )ss.
CITY OF AtJAHEIM )
~, Patrlcia B. Scanlan, 5ecretary of tMe City Planning Commission of the
City of Anaheim, do here~y certify t:iat thc foregoing resalutton was passed and
adopted at a meeting of the City Planniny Gommission of the City of Anaheim, held cm
April 26~ 1976, at 1:30 p.m., by the following vote of the rnembers thereof:
qYES: COMMISSIONERS: BARNES, HERBST~ KING, MORLEY~ FARANO
NOES: COMMISSIONERS: NONE
ABSENT: COM111SSIONERS: JGHNSON~ TOLAR
IN WIT~JE55 WHEREOF, I have hereunto set my hanC~,~this 7.Fth day of Aprit, 1~7~
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SFCRE ARY, '4 AHEIM CITY PLANNINf COMMISSION
-2- RESOLUTION N0. PC7G-7a