PC 78-166RESOLUTION N0. PC78-t66
A RESOLUTION OF THE ANAHEIN CITY PLANNfNG COMH~SSION
THAT PET~TIO~J FOR CONDITIONAL USE PERMtT N0. 185~ BE GRANTED
WHEREAS, thc Anaheim City Planning Camnlssion dtd receive a verifted
Petition for Conditlonal Use Permtt from GREG GEORGE, ti0 West Las Tunas, San
Gabriel, California, 91776, owner, and P, F, STANGER, 18433 Amistad, Fountaln Valley,
Anahetm, Cailfornia 92708, agent. of certain real property sltuated fn the C1ty of
Anaheim~ County of Orange. State of California, described as:
Lots 1, 2 and 3 of Tract No. 1820, as per map thereof recorded in
book 51 pages 31 and 32 of Mfscell~neous Maps, in the office of
the County Recorder of sald County; EXCEPTING THEREFROM that
portion of land in Lot 1 conveyed to the Sta[e of California, by
deed dated March 19, 1955, recorded April 29, 1955 in book 3047
page A28, Offlcial Records, descrlbed as follov~: Beginning at a
potnt in [he South line of said lot. distant South 89~ 15' 13"
West, along said South line 38.35 feet from the Southeast corner
of said lot, thence Sauch 89~ 15' 13" Nest, al~ng said South line
16.9? feet to the point of tangency of chls course with a curve
concave Northeasterly and having a radius of 13 feet; thence
northwes[erly along said curve through an angle of 90° 02' 3h" an
arc distance of 2Q,38 feet to a point In the Nes[ llne of satd
lot; thence North 0° 42' 11" Nest, along said West line to aline
which Is parallel with the ~Jortheriy 20 fcet, measured at right
angles from [he Nesterly prolongation of sald Southerly line;
thence Easterly along said paraliel line a distance of i0 feet;
thence Southeasterly in a direct line to the poini of beginning.
4/HEFEAS~ the City Planning Caimilssion did hald a public hearing at the City
Nall ln the Ci[y of Anaheim on July 17, 1978~ at 1:30 p.m., nottce of said public
hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Munlcipal Ca+e, Chaptcr 18.03, to hcar and consi~er
evidence for and agatnst said proposed conditional use and to investigate and make
findings and recommendations in connectton therewith; and
NFiEREAS~ safd Carmission, after due inspection, inves:TS~tion ~nd study made
by ttself and in its behalf, and after due consideration of all evidenc^ ~.~iJ repo-~°
offered at said hearing, does find and determine the following facts:
1. That the proposed use Is propcrly one for which a condittonal ~se
permit is authorized by Anaheim Municipal Code Sectlon 18,44,050.300 to wit: to
permit a drive-through restaurant aith a walver of:
S~CTION N0, 18.06.060.0233 - MinTmum number of arkin s aces.
7 required; _ proposed
2, That the requested walver is hcreby granted due to the size and shape
of the property and based on testimo~y presented by the petitloner at the pub{Tc
hearing indicating that the number of spaces will be adequate for this use; and that
the requested walver is minimal~ amounting to only 3 parking spaces or 6$ of the
number of spaces requlred by Codc.
PC78-166
3. That the proposed use wlli not adversely affect the adJolning land uses
and the growth and development of the area in whtch it is praposed to be located.
4. That the size and sh~ape of the site proposed for the use is adequate to
allow the full development of the proposed usc in a manner not detrimenLal to the
particular area nor to the peace, health, safety, and general wclfarc of [he Citizens
of thc Lity of Anaheim.
5. That the granting of the Conditional Use Pernit under the conditions
imposed. if any, will not be detrimental to thc peace, health, safe[y and general
welfare of the Citizens of the City of Anaheim.
6. That no one indicated their presence at saTd public hearing (n
opposition; and that no correspondence was received in oppositlon to the subJect
petition.
ENVIP,ONHENTAL IMPACT FINDING: That the Anaheim City Ptannina Commission has
revlewed sub ect propo3a to perm t a drive-through restauran[ with a waiver of
minlmum number of parking spaces on a rectangularly-shaped parcel of land consisting
of approxima[ely 0.6 acre, located ai the northeast corner of Lincoln Avenue and
Western Avenue, having approximate frontages of 192 feet on the norLh side of Lincaln
Avenue and 147 feet on the east side of Ncstern Avenue; a~d does hereby approve the
~~ega[ive Declaration from the requirement [o prepare an envTronmental impact report
on the basis that there would be no significa~t individual or cumulative adverse
environmentat tmpact due to the approval of this Hegative Declaratton since the
Anaheim General Plan designates the subject property `or general commerclai land uses
commensurate with the proposai; that no sensitive environn~ental impacts are involved
i~ the proposal; that the Ini[lal Study submitted by the petitioner indicates no
significant individual or cumulative adverse environmental impacts; and that the
Negative Dectaratlon substantiating the foregoing findings Is on ftle in the Clty of
Anaheim Planning Depariment.
NOW, THEREFORE, 8E IT RESOLVED that the Anaheim City Planning CommPssion
does hereby grant subJect Petition for Conditiona) Use Permit, upon tha following
condTtions which are hereby found to be a necessary prerequisite to the proposed use
of tl~e subjec[ property tn order Lo p~eserve thc safety and genetal rrelfare of the
Citizens of the City of Anahcim:
1. That the owner(s) of subject property shail pay the traffic signal
assessment fee (Council Policy No. 214) amountirtg to 5363,00 per 1000 square feet of
building or fraction thereof prlor to the tssuance of b~~tldtng permit.
2. Thai subJect property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhtbit Nos. 1
and 2.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that the adoptTon of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditlons herel~above set forth.
Should any condition or any part [hereof~ be declared Invalid or unenforceable by the
final Judgment of any court of competent Jurisdic[ton, [hen this Resolution. and any
approvals herein contained, shall be deemed nuil and void.
-2- PC78-166
{ _ ,.. f
THE FOREGOING RESOLUTION is signcd and approved by me this 17th day of Ju1y~
1978.
,,~~. ~ .~ r~~~__~
CHA RNAN RO EM ORE
ANAHEIM CITY PLANNING COMMISSION
A7TE5T:
~~ ~° ~~
~ECRETARY, ANAHEIM CITY IANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF At1AHEIM )
I~ Edith L. Harris, Secretary of the Anaheim City rlanning CommissTon, do
hereby certlfy that the foregoing resolutlon was passed and adopted at a meeting of
the Anaheim City Planning Cortmission held on July 17, 1978. at 1:30 p.m,~by the
following vote of the members thereof:
AYES: COMMISSIONERS: BARNES~ DAVID~ JOHNSON. KING, LINN~ TOLAR
NOES: COMNISSIONERS: NONE
ABSENT: COHMISSIONERS: HERBST
IN WITNESS WHEREUF~ i havs hereunto set my hand this 17th day of July, 1978.
6 d!.(.~~k. ~ "~~.Cl~ L.
SECRETARY~ ANANEIM CITY PLANNING COMMISSION
-3- PC78-lb6