PC 77-259RESOLU710t7 h0. PG77-Z59
A RE~9i.~~71U~~ QF TfIE A11AIiEIM CITY PLANIIIIJG COMMISSIOta
TIIAT PETITIOPI FOR COtIDITIOtlAL USE PtRt11T t10, 1770 E1E fRANTED
SJI±EitEAS, the nnaheiii City PIanR~ng Comrnission did receive a verified
Pettiio~a S'or Co~ncietional Use Permit from LEOtd, MGLLY, AtJD WILLIAM LY011, 36G San
Miguel Jriv~,, ~lek~~or•~ h3cach, California 92GLj, owners, and ED4IARD HACY.BARTH, P. 0.
Box J, C~rona, Calir;;r~ni~ 9i./Z~. n<~ent; of certain real property situated in Lhe City
of Anaheirn, Coun[y raf ilrang~r., St~tc of California, described as:
PARCEL : w5 St:U1Jt: DN A f1~P FILEU IN OOOK ~c3 PAGE 1 OF PP.RCEi. MAPS
IM TNE OFF3CE ~?; ?ifE COUi~TY RECORDER OF SAIU COUNTY; and
WHEREr~;, the City Planniny Commission did hold a public hearin9 at thc Ci[y
Hall in the City of Anaheir~ on November Z1, 19J7, at 1:30 P•m., no[ice of said pubiic
heariny havir.g be_~ uuly yiven as require~ by law and in accordance with the
provisions of [he Ar,ahcim Muni~ipal Code, Lhapter 18.03, to hear and consider
evidence for and against saiJ proposed condi[ional use and to inves2igate a~d nake
1'indings and recommenJations in connection tliere+vith; an~
WIIEREAS, said Comrnission, af'.cr due inspection, investigaCion and study made
by itseif and in its befialf, and after due consideration of all evidence and reports
offered at said i~earing, does find and deterinine tlie followiny facts:
1. That tl~e proposed use is properly one for wtiich a conditional use
permlt is authorized by Anaheim Nunicipal Code Section 1E,1~4,C50.300, to wit: to
permit a drive-[hrouyh restaurant.
2. That the proposc~ use is hcreby granted subject to petitioner's
stipulations to provide a concre[e biock wall along ttie nor[h property line along
Bruce Street (whicfi separa[es tlie subject property and the residenCial development to
thc nor[li), said wall to be thc same heiyh[ and ai the same sc:back from Bruce StreQt
as the existing wall on thc adjacent property to Yhe east; that [he aforementioned
wali sfiall be a minimum ofi five (5) feet hiyh; and that a six (6} inch curb shall be
provided on thc northerly approximately y4 fect of the cas[ property line to prohibit
vehicular access to adjacenc propcrty to [lie east.
3. That the proposed use o-rill not adversely affect Che adjoining land uses
and the growth and development of [he area in which it is proposed ta be loca[ed.
4, That the size and shape of the site proposed for the use is a6equate to
allaa the full developoient of the ~,roposeJ use in a manner not dr_trimer~tal Lo the
particular area nor to [he peace, liealtli, safety, and yeneral w~elfare of the Ci~izens
of the City of Anaheim.
5. That the granting of the Condi~ional Use Permit u~der the conditions
impcsecf wi)1 not be de[riinenCal to ttie peace, health, safety .3nd yeneral welfare of
the Citize~is of thc City of Anaheim.
G. Tha[ one interested person indicated her presence at said public
heariny; and that no correspondence was received in opposition tv the subject
petition.
PC77-259
EIJVIRONMEI~TAL IHPACT FItiDING: That thc Anaheim City Planning Commission has
reviewed the subject proposal consisting or a drive-tlirough restaurant on
approximatcly 0.7 acre haviny approximate frontages of 100 feet on the north side of
E3a11 Road, 16'L feet en the south side of Qruee Stree[, and 2~t1 fect on the east side
of Roanne Street; and clocs hereby approve ti~e Ne~ative Declaratio~ from [he
requirernent tu prepare an environmental irnpact report on the basis that tfiere would
be no significan[ individual or cumulaiive aclverse environmental impact due to the
ap~roval oF ihis tJe~~ative Declaration since tl~e Anatieim General Plan designates the
subjec[ property for general connncrcia{ land uses commi:nsurate with the proposal;
that no sensitive envirunmental impacts are involved in tfie praposal; that the
Initial Study submitttd by the petitioner indicates no significant individual or
cunulative adverse environmental ir~ipacts; an~f that the Negative Declaration
substantiating the foreyoinn findin~~s is on filc in tlic City of Anaheim Planning
Dep~rtment.
H04l, TIIERCFORE, BE IT RESOLVED tha[ thc l~naheim City ?lanninr, Cor.imission
docs her~by yrant subject Pe[ition for Conditional Use Permit, upon the follrn~ing
conditions which are hereby found to br_ a necessary ~,rerequisitc to the proposed use
of the subject property in order tc> preserve [he safecy and general welfare of the
Citizens of the City of Anahein:
1. That s[reet lightiny facilitics adonq 6all Road, Roanne Street and
tiruce Street sf~all be instalied as requir•ed by [he Director of Public U[ilities and
in accordance with s[anuard specifications on fil~. in the office of [lie Director of
Public Utili[ies; and/or that a bond, cer[ificate of de.posit, Ietter of credit, or
cash, in an amount and furm satisfactory ta [he ~ity of ~naheim shall be posted with
the City to yuarantee the installation of the above-me~~tioned reyuirements.
2. That the uvmcr(s) of subjec[ prop~rty shall pay io the Ci[y of Anaheim
the sum of GO cen[s per front foot along (3all Road, Roanne Street and Eiruce Street
for tree plantiny purposes.
3. That subject property shall be served by underground utilitics.
4. In [fi~ event tfiat subject property is to bc Jivided for the purpose of
sale, leasc ur financing, a parcel map, to record the approved division of subject
properiy, sha11 be submi[ted to and approved by the City of Anaheim and then be
recorded in the office of the Orange County Recorder.
5. That subject propcrty shall be developed substantiatly in accorc:ance
with plans and specifications on file with the City of A~aheim marked Exhibit Nos. 1
tlir~ough 3; provide~, huwever, that a minimum five (5) foot liigh, concrete block wall
s1ia11 be construc[~d alony the nortli property line along Bruce Street, and tfiat said
wall shall be similar dn height and se[back to [he existing wall IocaCed on the
adjacen[ property [o the eas[; arsd, furtFiermore, that a IanJscaped planter, protected
by a six (6) inch curb, shall be provideJ o~ the northerly approximately 94 feet of
the east property line.
6. That Condition Nos. 1, 2 and ~+, above men[ioned, si~all be complied ~aith
priar to the come•~encement of the activity authori u d unJer this resolution, or prior
to [he [Ime that '.he bui(diny pcrmit is issued, or within a period of oire year from
Jate fiereof, whichev::r occurs firs[, or such f~rther time as the Planning Commission
may gra~t.
-z- PC77-2;9
7, That Condition i~os. 3 and '>, above mentio~ed, sfiall be comNlied with
prior to final buildiny and zo~in~~ inspections.
THE FOREGOI~IG RESOLUTIOtI is si9ned anJ approved by me this 21st day o~
Novenber, 19/7.
GNA ~~ AN~M C TY P~~ C011M 155 I Otl
ATTEST:
~~~ ~ ~~
SLCP,ETARY, AI~At1E111 LITY PLNI!III~G GOtit115510l1
STATE OF CALIFORIIIA )
rOUtITY OF OFA!IGE ) ss.
CITY OF ANANEf~1 )
I, EdiCh L. Narris, Secretary of the Anaheim City Planning Cortmission, do
hcreby certify that the foregoiny resolution ~aas passed and adopted at a meeting of
th~ Anaheiin City Planning Commissinn !iel~' +)r. ~~ovember 21, 1977, at 1:30 p.m,, by Lhe
following votc of the me:mbers thereof:
AYES: COMI~ISSIONERS: BAR;lES, DAVID, HCRUST, Y,ING, LI1:1~, TOLAR
NOES: COMt115SI011ERS: tlON[
A6SEt~7: COt1f115510t1[HS: JOHIdSuII
li~ WITNCSS NHEREOF, I have nereunto set nry hand this 21st day of tlovem5er,
1977.
lo ~ e~- ~W~!/~1-~
SELRETARY, AIIA}i[IM CITY PL~tII~ING COMNISSI011
-3- PC77-259