Loading...
PC 77-125R[SOLUTION N0. PC77-125 A R'ES~LUTION OF TNE ANAHE111 CITY PLAN~~IP~G COMHISSION THqT PE?ITION FOR COIIDITIOI~AL USE PERMIT tJO. 1706 BE GRANTED WHEREAS, tf~e A~aheim City Planning Commission did receive a verified Petition for C:,nditional Use Permit from STEPiIEN HOPKIIJS DEVELOPMENT COMPANY, 13~3 Avocado, Sutte 2Z5, Newport Beach, California 92G60, owner, and SfiaRT STOP DRIVE- THRU, 1444 ~lorth Glassell, Orange, California 92667, agent, of certain real property situated in the City o~f Anaticim, County of Orange, State of Lalifornia, described as: 7hat portion of those certain parcels of land shown as "11ax Oayha &.452 Acres" anJ "'Hermine Fiayha Lowe 7.~06 Acres", as per map filed in fiook 7, page 12 of Records of Survey, in the office of the County Recorder oY said Co w~ty, shown as Lot 3 on Che Parcel 11ap recorde~~ in Boak 7l~, page 17 of Parcel Maps in said off4ce of the County Recarder; and UHEREAS, the City Plannin~ Cornmission did schedule a public hearing at the City 11a11 in the City ~f Anahcim on May 9, 1977, at 1:30 p.m•, notiee of said publie hearing haviny been duly given as required by law and in accordance wi[h the provisions of the Anafieim Municipal Code, Chapter 1~.03, to hear and consider evidence for and against said pr~posed conditional use and to investigate and make findings and recommenJations in connection [herewith; said public hearinq having been continued to the Planniny Commission meeting of June 2u, 1977; and 61HEREAS, saiJ Commission, af[er duc inspection, investigation and study made by itself and in ~ts befialf, and after due consideration of all evidence and reports offered at said hearin9, Joes find and determinc the following facts: 1, That the proposeJ use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Scction iG.44.(150.300, i.o wit, permit a drive-through restauran[ in the CL (COMMERLIAL, LIMITEU) ZONE, with waiver of: SECTIOt! 13.06.OG0.0233 -~tinimum number of parkin s aces. 3 required; 11 proposed 2, That the above-mentioned waiver is granted on the basis that the pa[itioner stipulated that the balance of thc parking requirement is provided in the surrounding shoppiny center and is covered by the Covenants, Conditions and R.estrictions af said shoppiny center on the subject property, said Covenants, Conditions and Restrictions specifying mutual use of the parking spaces, and that such Lovenants, Londitions and Restrictions are on file with the City of Anaheim Planning Department. 3. That the proposed use will not adversely affect the adjoining land uses and the growth and developrnen[ o` :he area in which it is proposed to be located. 4. That the size and shape of thc site propnsed for the use is adequaCe to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the pe~cc, health, safety, and general welfare of the Citizens of the City of Anaheim. 5. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not bc detrinental to the peace, health, safety and general wel4are of the Citizens of the City of Anaheirn. PC77--'25 _ -~ 6, That n~~ une indicated ;;i~••?r ~resence at said pub~ic hearing in opposition; and that ~o carrespondence ~<<;_~> ~eceived in opposition to the subjec[ petition. EI~VIRONt4E~~TAL IMPACT FINDING: That the Anahein City Planning Comm35sion has reviewed the subjec[ proposa! consisting of a drive-through restaurant on approximately 0,3 acre~ of lamd located at 1703 Kellogg Drive, and does hereby recommend to the City Council of the City of Anaheim that a Negative Deciaration from the requirement to prepare an environmental impact report be approved for [he subject property on the basis that [here would be no significarit individual or cumula[ive adverse environmental impac~ due [o the approval of this t~ega[ive Declaration since the Anaheim General Plar designates [he subject property for commercial land uses commensurate with the proposal; that no sensitive environmental elements are involved in the proposal, and tiie Initial Study submitted by the petitioner indicates no significant individual ur cumulative adverse environmental impaEts; and ihat the Negative Declaration substantiating the foregoiny fir.dings is on file in the ofFice of the ~ity of Anaheini Planning Department. PlOW, THEREFORE, QE IT RESOLVED that the Anaheir~i City Plan~ing Commission does hereby grant subject Pe[ition for Conditional Use Permit, upon the foliowing condition which is liereby founJ to be a necessary prerequisite to the proposed use of the subject property in orJer to preservc the safety and general welfare of the Citizens o` the Citv of Anaheim: 1. That subject property snall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4. 1977. TI~E FOREGOl~iG RESOLUT1011 is signed anJ approv~l by me this 20th day of June, ATTEST: ~~:~ ~ ~/{~ti~ SECRETARY, ANAHEIM CITY PLAtlt~ING COt1MISSION STATE OF CALIFORIIIA ) COUIJ7Y OF ORAtdGE ) ss. CITY OF AlIA11EIM ) I, Edith l. Harris, Secretary of the Anaheim City Planning Corrcnissian, do hereby certify that the foregoing resolution was passed and adopted at a meeting of [he Rnaheim City Planniny Commission held on June 20, 1977, at 1:30 p.m., by the follcri~ing vote of the rnernbers thereof: AYES: COMMISSIONERS: DARNES, DAV19, NERBST, KING, LINN, TOLAR, JOHtISON tlOES: COM1115510f~ERS: NOIJ[ A45Et~T: COMMISSIOt1ERS: t~OtJE II~ WITtdESS WH[REOF, I havc hereunto set my hand this 20th day of Ju~e, 1977. `~~~, .r' ~u:a. , -2- PC77-125