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PC 78-111RESOLUTION N0. PC78-111 A RESOLUTION OF THE ANAHEIM CITY PLAItNING COMHISSION THAT PETtTION FOR CONaITIONAI USE PERMIT N0. 1836 BE GRANTED WHEREAS, the Anahelm Clty Planning Camiission did recelve a verTfled Petitton for Conditio~al Use Permi[ from WILLIAM H. REMLAND. ET AL~ 636 East Chapman Avenue, Oran9e, California, 92660~ ormers, and DUNKIN DONUTS , 3043 South Caricia ~rive, Haclenda Hetghts, Californla 92305, agent, of certain real property situated in the City of Anaheim, County of Orange, StaLe ef California, described as: The South 175 feet of the West 227 feet of che SoutM+est quarter of the Southwest vuarter of the Northwest quarter of Section 13~ In Township 4 South~ Ra~ge 11 West. Rancho Los Coyotes. Tn the City of Anahelm, County of Orange, State of California, as per map recorded in 6ook 51, page 7, et seq., of Mlscellaneous Maps. in [he office of the county recorder of sa0d county. EXCEPTING THEREFROM the Uesterly 92.00 feet as conveyed to the State of California, by deed recorded June 2E, 1951 in book 2205 page 512, Official Records. WHEREAS~ [he City Planning Comnission did h Hall in the Ctty of Anahelm on Hay 22~ i978, at 1:30 hearing having been duly 41ven as required by provist~ns oF che Maheim Municipa! Lode. Chapter evTdence for and agalnst said proposed conditlonal findTngs and recomme~datlons in connec[ion thereaith; old a publlc hearing at the City p.m „ nottce af said public law and in accordance with the 18.03. to hear and consider use and to investigate and make and ~RIEREAS, said Commission, after due Inspection, Investigatton and study made by ltself and in (ts behalf~ and after due conslderation of ail evtdence and reports offered ac said hearing, does find and deternine the folla+Tn9 facts: 1, Tha: the proposed use Is properly one for rrhich a conditional use permic is authorized 6y Anahcim Munlcipal Cocle Section 18,44.~5~.300 to Kit: to pe~mit a drtve-through donut shop with a walver of: SECTION 18.06.Q60.0233 - Mintmum number of arkTn s aces. 1 spaces requ re ; 2 spaces propased 2, Thac tfie preposed waiver is hereby granted on the basls thaY the proposed drive-through donut shop does not generate an excessive amount of traffic nor thc same amount tha[ a restaurant servTng food would~ and that the drive-through window eltmtnates the need for sane of the parking spaces because customers wTll have no necd to park. 3. That thc proposed use wtll not adversely affcct the adjolning tand uses and the growth and development of the area Tn which it is proposed to be located. 4. That the slze and shape of thc site proposed for the use is adequafe to allow the full development of the proposed use in a manner not detrimental to ihe particular area nor to the peace, heaith~ safety. and general aelfare of the Citizens of thc City of Anaheim. PC78-111 ~ 4`• 5. That the granting of the Condltional Usc Permlt under the condittons Tmposed, if any, w111 not be detrimental to the peace, health~ safety and generol welfare o¢ the Citiztns of the Lity oP Anaheim. 6. That no one tndica[ed their presence at said pubilc hearing in opposition; and that no correspondence aas received in oppositton to the subject petitton. ENVIRONMENTAL IMPACT FINDING: The Plan~ing Dfrector or hTs authorized representative has eterm ned that the proposed proJect falls Nithin the deflnTtion of Categorical Exemptions. Class i, as defined in Paragraph Z of the City of Anahetm Environmental Impact Report Guide.lines and ts. therefort. categorically exanpt from thc requirement to preparc an EIR. NOW~ THEREFORE, BE iT RESOLVED that the Anaheim City Ptanning Commission does hereby grant subJect Petition for Conditlonai Usc Permit, upon the folla+Tng condi[tons which are hereby found to be a necessary prerequlsite to the proposed use of the subJECt p~operty in order to preserve the safety and gcneral welfare of the Citizcns of the C([y of Anaheim: 1. That subject property shall be developed substantlally In atcordancc With plans and speciftcations on file with che City of Anaheim marked Exhtblt Nos. 1 through 4, • BE IT FURTHER RESOLVED that the AnaheTm Ci[y Planning Commisslon does hereby find and determine that adoption of [his ResoluCion is expressly predicated upon appllcant's carpliance with each and all of the condltlons h~reiRabove set forth. Should any such condition, or any part thereof, be declared invalld ar unenforceable by the final Judgment of any court of competent JurTsdictton. the.n this Resolu[Ton, and any approvals heretn contained, shall bc deemed nuil and votd. THE FOREGOING RESOLUTION is sig~ed and approved by me this ?.2nd day of May, 1978. _ /,~~~~~'~ ~~~- CHAIRHAN~ AIUIHEIM CITY PLANNING COMHISSION ATTEST: ~~~~ ~ ~~~,; SECRETARY~ AHAFlEIM CITY PLANNING COMH(SSION STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris~ Secretary of the Anaheim City Planning CommtssTon~ do hereby certify that the foregoTng resolutton was passed and adopted at a meeting of the Anaheim tTty Planning Commisston held on May 22~ 1978, at 1:3U P.m.~ by the followtng vate of the members thereof: AYES: COMMISSIONERS: DAVID~ HERBST~ JOHNSON~ KING. LINN~ TOLAR NOES: COMMISSIONERS: H04E ABSEpT: C014115510NER5: BARNES IN WITNESS 11HEREOF, i heve hereunto set my hand this 22nd day of May~ 1978. Ca .•V_.fl-~ ~ / 0~.~. SECRETARY~ ANAHEiH CITY PtANNING COMMt5S10N -2- PC78-1{1