PC 77-217RESOLUTIO~! NG. PC77-217
A RESOLUTIUII OF TfiE AN,1HE111 CITY PLAlIIIItJG COt1!•1155101J
THAT PET1710'1 fOR CONDITIOIIAL U5E PERHIT N0. 1J42 BE GRANTED, IN PART
IJHEREAS, Che Anaheim City Planning Commission did receive a verified
Petition for Canditional Usc Per~nit from ALbERTSOIJ'S, ItIC., P. 0. I~ox 20, eoise,
Idaho ~3707, owner, and UAVE CARLSOtJ, P. 0. Uox 619, Anahein, California 92305,
ayent, of certain real propcr[y situa[ed in the City of Anaheim, Lounty of Orange,
5tate of California, described as:
THE tlORTH 1t30.~0 FeET OF TIIE WEST 200.00 fEET OF THE NORTNidEST
I~UART[R OF TIiE IJORTi1UEST QUARTEit OF T4iE SOU7~i6lEST QUARTEP. Or
SECTI01~ 1J, T01Jt~StilP ~i SOUTIi, RANGE 10 WEST, Itl TtIE RANGfiO LOS
COYOTES, AS PER t1AP RECORDEU I!! UQOY, yl PAGE 10 OF MISCELLP.:I[QUS
NAPS, IN TIIE OFFICE OF THE GOUIIT'f RECORUER OF SAID COUIi?Y; and
1JHERL'A5, thc Cicy Planning Commission did hold a public heariny a[ [hc City
Hall in ttie City of Anal~eir~i on October 1~, 1977, at 1:3Q p•m•, notice of said public
hearing haviny been July yiven as required by law and in accordance with the
provisiens of tfie Ariahei~a Municipal Code, Chapter 18.03, to hear and consider
evidence for an~ against said proposed conditional use and to investigate and make
findings and recommendations in connection theretirith; and
WHCREAS, sair Commissic~n, after due insp~ction, investigation and study made
by itself and in its behalf, anJ after ilue consideration of all evidence and reports
offereJ at said hearing, dces find and de[ermine Lhe folla~inn facts:
1, Tl~at the pro~e~sed use is properly one for which a conditional use
permit is authorized by Anaheim Municipal Lode Section 13.~~~ti.~~5~•3~~, to wit: to
pcrmit a Jrivc-throu~h restauranc with o-iaivers of the followiny:
(a) 5EC71U11 1'~.05.093.021 - liaximum ~umber of frcc-standing signs.
(b) SECTIO~~ 1i3.Oy.093.023 - Permit[ed location of free-standing signs_.
(c) SEf,T10!1 1~.~5.U231 - Minimurn distance between free-standinc sions.
(d) 5ECT10~1 i~.')6.OG0.0233 - 1linimum number of arf:in spaces.
-- 39 required; 25 proposed
2, That the aforementioned waivers (a) naximwa number of free-standing
siyns permiteed, (b) permitted loca[ion of free-standing signs, and (c) minimum
distance betwecn free-standiny siyns were deleted by modifieo plans submltted by the
pe[itioncr subscyuenC to the advcrtisement.
3, That thc aforer~entioned waiver (d) minim~m number of parkin9 spaces is
hereby yrante~ due to Uie naturc of the usc, consisting of both sit-down and drive-
tfiruuyh food service, and to tlie size of tfie Nroperty whicfi limits providing parking
as required by Code, and that denial of subject waivcr would deny the property owner
a privilege granted to ott~ers having similar drive-through restaurant facilities.
PC77-217
~+, That thc proposed use, as yran[cd, Nill not adversely affect thc
adjoining lanu uses and the gra~th and developmen[ of the area in which it is
proposed to be located.
5, That the size and shape of [!~e site proposed for the usc, as 9ra~ted,
is adequatu to allow th~ full development of the proposed use in a manner not
detrimental to the particular area nor to the pcace, hcalth, safety, and general
wclfare of the Citizens of the; City of Anaheim.
G. That [he Conditional Use Permi[, as grantcd, anJ ~nder the conditions
inposed, will not be detrimentai to thc pcace, health, safety and 9eneral welfare of
thc Citizens of ti~e City of Anahcim.
7. That no one indicated their presence at said public hearing in
opposi[ion; anei that no correspondence was received in opp~sition to the subject
petition.
EIIVIR01111EN7AL 111PACT FIUDIilG: That the Anaheirn City Planninq Commission has
revieweJ the subject project consistin9 of a drive-Clirou9h restaurant in the CL
(Comercial, Limited) Zone, wiCh waiver of ioinir,wm nun~er of parkic..~ spaces, on
approximately J.~ acrc of lan~i located at the southeast corner of Oran~e Avenue and
brookhurst Street, having approximate frontages of ih0 fee: on thc south side of
Oranqe Avenuc and lii~: fect on [he cast side of Grook,hurst Strcet; anu doca hereby
approve the Ileyativc Ueclaration from thr. requirement [o pr~pare an environmen[al
impact repor[ on the basis ihat ttiere would be no siynificant inJividual or
cunulative adverse environmental iropac[ due to the approval of this !~egative
Ueclaration since the Analieim General Plan desiynaces the subject pro,er[y for
general cornmercial land us`s comc~e~surate with th:_ proposal; :hat no sensitive
environmental impacts are involvcd in the proposal; thaC the Initial Study submit[ed
by the petitioner inJica;es nu siynifican[ individual or cumulative adverse
e miironrnental impacts; and that [hc Neyative Ueclaration substantiating the foregoing
finJinys is on filc in thc City of Anahcim Planning Depar[mr.n[.
110U, TiIEREFOR[, BE IT RESOLVEU Chat [he Anahein City Planning Commission
docs ticreby _yrant, in part, sul~ject Petition for ConJitional Use Permit, upon the
followiny conditiuns which are hereby found to be a necessary prerequisite to the
proposed use of the subject property in order to prescrve thc safety and general
wclfare of Che Citi~ens of thc City of Anahein:
l. That tlie owner(s) of subjec[ property shall decd to thc City of Anaheim
a strip of land thirty-tw~ (3'~) fec: in width from [he centerline of [hc s[reet along
Orange Avenuc for street widening purposes.
2, That street liyliting facilities alang Itrookhurst Street shall be
installeci as reyuireJ by the Uirec[or of Public Utilities and in accordance witti
s[andard specifica[ions on file in the Office of che Uirector of Public Utllitles;
and/or that a bond, certificate of Jeposit, letter of credit, or cash, in an amount
and fer.n saXfsfactory to the City of Anaheim, shall be posteJ 4llCfl the City to
guarantee the ins[allation of the above-rnentioned requirements.
j, That the owncr(s) of subject property shall pay to the City of Anaheim
the sum of three and one-haif dollars ($3•5~) Per front fout along Orange Avenue for
stree[ liyhting purpases.
-2- PC77-217
4. That subje:.[ ~roperty shall be Jeveloped substantially in accordance
with plans and specifications on file witfi tlie City of Analieim marF:ed Extiihit ~los. 1
throuyh 5.
5, That Conditiori Nos. i, 2 and 3, above mentioned, shall be compliPd with
prior to the commence~nent of the activity authorized under this resolution, or prior
to tha tirne that the builJing perm~t is issued, or within a period oF one year from
date hereof, wliichever occurs first, or such fur[i~er tiine as the Planning Conmission
may yrant.
TiIE FOREGOIIJG RESOLU710N is signeci and approved by mc this lOth day of
Oct~ber, 1977•
~ ~ ~~~
CtIA RF1Atl, At~Al1[111 CITY PLA1111111G C011HISSIQI~
ATTEST:
/D~~~ ~ ~~~ ~
SECR[TARY, ANAHEIH CITY PLA!7NING C~1INISSIOt1
STATE OF CALIFORf11A )
COUIITY OF ORf~1:GE ) ss.
CITY OF At7AN[Ill )
I, [dith L. tiarris, Secretary of the ~nalieim City Plannin, Comnission, do
hereby certify tfyat tiie foregoing resolution was passed an~! adopted at a^mne;~by the
the Anaheim Ci[y Planniny Commission held an Octobcr 10, 1~77, ~t 1:3~ ~~
following vote of the members thercof:
AYES: GONI115510tIER5: GAVIU, HERBST, JOHI~SOtI, Y.itlG, LIt~N, TOLAR
NO[S: COt1t115SI0t1EP,5: IJOt1E
A(35ENT: COI1M15SIOI~CRS: ISARNLS
It~ 1J17NES5 Wi~EREOF, 1 have hereunto set ny hand this 10[h day of October,
1977
<o c~~ ~ ~r: ~-~-~ .
SECRETARY, AtlAHEIM LITY PLAI~Id117G CONMISSIOI!
-3- PC77-2t7