PC 78-242RESOLUTION N0. PC78-242
A RESOLUT1011 OF 7HE ANAHEIN CITY PLANNING COF1MlSSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 1885 BE GRAHTED
WHEREAS, the Anahelm Clty Planning Commisston did recefve a verified
Petition for Conditional Use Permit from ALBAN AND BERIIADIIIE HOLTZ, 1h5~ East Irvine
Boulevard, Tustin, Californla, 92680, and FRED W. AND PATRICIA B. MORGANTHALER, 2245
West Broadway, Anahelm, California 92804~ owners, and ROSERT P. WARMItaGTON COMPANY.
16592 Hale Avenue, Irvine, California 92714, a9ent, of certain real property si[uated
in the City of Anahelm, County of Orange. State of Caiifornla, described as:
Beginnin9 at the Southeast corner of the Northeast quarter of the
Southeast quarter of Section 12, Tovmship ~i Sauth~ Range 10 West
in the Rancho San Juan Cajon de Santa Ana, as shown on a yaP
recorded in book 51, page 10 of Miscetlaneous Maps, records of
Orange County, California; thence North along the East ltne of
said Section 12 to the center llne of Olive County Road; thence
Northwesterly along the center linc of said road [o the Wes[ line
of the Southeast quarter of the tlortheast quarter of the Southeast
quarter+ t5outheastihqua~tersaof Nthc ,Northeaste quartcrstof rthe
of said
Southeast quarter; [hence East to th~ poin[ of beginning.
Excepting therefrom the followfny: Beginning at the Northwest
corner of the Northcast quarter of the Southeast quar[er of the
Southeast quarter of said Scction 12; thence East 20 feet; thence
Nor[h, parallel with the West linc of the Southcast quarter of the
Northeast quarter of the Southeas[ quarter of said Secttan 12 to
the South line of that certatn Tract of land conveyed by C. R. La
Gourgue and with to Orange Grove Water Company, by deed recorded
November 15, 1912, in book 222, page 174 of Deeds; thence Uesterly
along the Southerly line and said Sou[herly line extended Westeriy
to Lhe west~rly linc of sald Sou:heast Guarter of the Northeast
quarter of the Southeas[ quarter of said Section 12; ther.ce South
along the Westerty ilne of said Southeast quarter of the Northeast
quar[er of the Southeast quarter of Section 12 to the point of
beglnning.
Also excepiing therefrom the followtng: Commencing on ihe West
line of the Southeast quarter of the Northeast quarter of the
Southeast quarter of said Sectlon 12 at a point 30 feet South of
the middle ilne of the O~ive Road and running thence Easterly
atong [he South line of sald Olive Road. 56 feet; thence due South
62 fee[ to a point; thence at right angles West 56 feet to the
Nest line of the Southeast quarter of the Northeast quarCer of the
Southeast quarter of said Section 12: thence North along satd West
line to the poi~t of beginning.
PC78-242
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Also excepting therefrom that portion described tn deed to the
State of Callfornia recorded September 24, 1964, in book 7232,
page 34 of Offtcial Records of safd Orange County.
Also excepting therefrom the following: Ccxnmencing at a potnt on
the East line of said Section 12, dfstant South 0° 14' 26" West
y~,~l~ feet from the intersection of sald East line with the
centerline of Anaheim-Otive Road, 60,00 feet wide, as descrtbed tn
a deed to the County of Orange, recorded May 17~ 1915 in Book 275,
pa9e 88 of Deeds; thence North 89° 45' 34" West 45.0o feet to the
intersection of a line parallel with and distant 45.C0 feet
Westerly measured at right angles from the East ilne of satd
Section 12 with a ltne parallel with and distant Southwesterly
55.00 feet measured at right angles from said centerline of
knatieim-Olive Road, said intersection being the true point of
beglnnin9; thence along said line parallel with the ce~terline of
Anaheim-Olive Road, North 78° 54' 31" Wast 150,00 fee[; thence
South 0° 14' 26" Wes[. parallel with the East line of said
Sec[ion 12, a distance of 150.On feet; South 78° 54~ 31" East,
parallel with said centerline of Anaheim-Olive Road, 150.00 feet
to said Ilne paratlel oiith and distant 4lesterly ~+5.00 fee[ from
said East line of Sec[fon 12; [hence tJorth 0° 14' 26" East 150.00
feet to the true point of beginning.
WHEREAS, the City Planning Cortnission did schedule a publtc hearing at the
City Hall in the Lity of Anaheim on July 31. ~97~. at 1:30 p.m., notice of said
public hear?ng having been duly given as required by lar~ and in accordance with the
provistons of the Anaheim Municipal Code, Chapter i8,pj, to hear and consider
evidence for and against said proposed conditiona9 use and to investigake and make
findings and recommendations in conneciton therewith; sald public hearing having been
continued to the Planning Commission meeting of October 23, 1978; and
N1IEREAS, said Commission, after due inspectlon, investigation and s[udy made
by itself and in its behalf, and after due consideratlon of all evidence and reports
offered at said hcaring, does find and determine the following facts:
~, That the p~oposed use is P~oper!y one for which a conditional use
permiL Is authorized by Anafieim Mu~icipat Code Sertton 18.44.050.300 to wit: to
permit a drive-through res:aurant.
Z, That the proposed use is hereby granted subJact to rev(sed plans betng
submitLeJ to and approved by [he Plannin9 Commisslon. said plans modifying the median
island in Ltncoln Avenue to prevent any left-turn traffic movements to or from
subJect property .
3, That the proposed use Ts hereby granted subjec[ to construction of the
median island in Ltncoln Avenue easterty to Rio VTs[a Street in accordance wtth the
above-described revised plans. sald median to be completed prior to occupancy of
subJect property.
4, That the proposed use will not adve~sely affect the adJoining land uses
and the growth and development of the area in which it is proposed to be located,
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5, That the size and shape of the slte proposed for the use is adequate to
allow the full development of the proposed use in a manner ~ot detrimental to the
particular area nor to the peace, health, safety, and general welfare of the Citizens
of the City of Anaheim.
b. That the granting of the Conditional Use Permit under the condttions
imposed, if any, wi11 not be detrtmental to the peace, health, safety and general
welfare of the Cittzens of the Ctty of Anahelm•
7, That Z persons indtcated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subJect
petition.
EtlVIROIJMENTAL IMPACT FiNDING: That the Anaheim City Planning Commission has
reviewed the proposal to recla~sify subject property from the RS-A-k3.000
(Residential.Agricultural) to the CL (Commercial, Limited) zone and to permit a
drive-through restaurant on an irregularly-shaped parcel of land conststing of
approximately 4.7 acres, located south and west of the southwest corner of l.incoln
Avenue and Rio Vista Street, having approxima[e frontages uf 48II feet on the south
side of Lincoln Avenue and 73 fcet on the west s(de of Rlo Vista Street, and bein9
locoted approximately 195 feet west of the centerline of Rio Vis[a Street and 180
feet south of the centerline of Lincoln Avenue, and does hereby approve the Negative
Declaration from thc requiremcnt to prepare an environmental impact report on the
basis that there would be no si9nificant individual or cumulative adverse
environmental impact due to the approval of this t~egative Declaration since the
Anaheim General Plan designates the subject property for generat commercial land uses
commens~rate with the proposal; that no sensitive environmental impacts are involvzd
in the aroposal; that the Ini[ial Study submitted by the petitioner indicates no
significant individual or cumulative adverse environme~tal inpacts; a~d that the
Negative Deciaration substantiating the foregoin~ findings fs on file in the City of
Anaheim Planning Department.
NpL~~ TtlE~EFORE, QE !T R~SOLVED that the 4nahrlm City Flanning Commission
does hereby grant subject Petltion for Conditienal Use Permit, upon the foltowing
condltions which are hereby found io be a necessary prerequistte to the proposed use
of the subJect property in o;der tu preserve the safety and general welfare of the
Cittzens of the Gity of Anafieim:
1, That this Londitlonal Use Permit is granted subject to the comptetion
of Reclassification No. 78-79-3, now pending.
p, That the owner(s) of subject property shall pay the traffic si9na)
assessment fee for cormercial uses (Council Poltcy ~lo, 214) amounting to $180.00 per
1000 square feet of building or fraction thereof prio~ to the issuance of a butlding
permit.
3, That subJect property shall be developed substanttallY in accordance
with plans and specifications on file with the City of Anaheim marked Revision No. 1
of Exhibtt No. 1; provided, however. that the median in Lincoln Avenue shal) be
continuous easterly to Rio Vist.a Street and that there shall be no breaks in the
median thereby preventing any left-turn trafftc movements to and from subJect
property; and, furthermore, revised plans showing the above-described modification
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shall be submitted to and approved by the Planning ComnTssion prior to commencement
of the proposed use.
BE iT FURTNER RESOLVED that the Anaheim Ctty PlannTng Commission does hereby
ftnd and determine that adoption of tliis Resolutfon is expressly predicated upon
appli~ant's compliance with each and all of the conditions hereinabove set forth.
Should any such conditton, or any part thereof, be declared invalid or unenforceable
bY the final Judgment of any court of canpetent jurtsdiction, then this Resolutlon,
and any approvals hereln contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 23rd day of
October, 1918•
AI .. H M PLANNING COMMISSION
ATTEST:
~~ ~° _~,~:.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUt~TY OF ORANGE ) ss.
CITY OF ANAtiEIM )
I, EdTth L. Harris, Secretary of the Anahelm City Planning Commission, do
hereby cert(fy that thc foregoing resolution was passed and adopted at a meeting of
thc Anahelm City Planning Commission held on October 23, ~975, at 1:3~ p.m., by the
fol)owing vote of the members thereof:
AYES: COMMISSIONERS: BARNES, DAVID, HERBST. JONNSON~ KING, TOLAR
NOES: COMMISSIONERS: BUSHORE
ABSE~~T: COMMISSIONERS: NONE
1~~ WITNESS WHEREOF~ I have hereunto se[ my hand this 23rd day of October,
1978.
~~,r,C~ 1 n~ ,~ L,
SECRETARY, ANAHEIN CI Y PLANNING COMMISSION
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