PC 78-250~
RESOlUT16N N0. PC78-250
A RESOLUTION OF THE ANAHEIM CITY PLANNING COHMISSION
THAT PETITION FOR CONDITIOP~A~ USE PERMIT N0. 1900 BE GRANTED
WHEREAS, the Anaheim City Pianntng Commission did receive a verifled
Petitlon for Conditional Use Permit from ARNO H. STOVALL, JR. and DOROTHY M, uILEMAN
FULLER, 1475 Santa Margarita Drfve, Falibrook, Californla, 92028. owners, and
FRANCHISE REALTY INTERSTATE CORP., 10960 Wilshire Boulevard, Los An9eles, Californla
9~024, agent, of certain real property sttuated in the City of Anaheim, County of
Orange, State of California, described as:
Parcel 1: Bein9 the West 165 ~eet of the East 340 feet of the
North 201 feet of the Northeast Quarter of the Northeas[ Quarter
of the Northriest Quar[er of Sectton 14. Township 4 South, Range 11
IJest, in Rancho Los Coyotes, Cfty of Anaheim, County of Orange,
Stace of Californta, as shown on a map recorded 1n book 51, page
11, Misc. Maps, in the office of said county.
WHEREAS, the City Planning Commission did schedule a public hearing at the
City Hall in the City of Anaheim on October 23. 1978, at 1:3~ p.m., notice of said
public hearing having been duly given as required by law and in accordance wtth the
provtsions of the Anaheim Munlcipal Code, Chapter 18.03, to hear and conslder
evldence for and agalnst said proposed conditional use and to investigate and make
flndings and recommendations in connection therewith; said public hearing having been
contlnued to the Planning Commission meeting Qf November 6, 1978: and
WHEREAS~ said Commission, after due inspection. investTgation and study made
by itself and in its behaif, and after due consideratlon of all evidence and reports
offered at satd hearin9, does find and determine the followring facts:
1, That the proposed use is properly ont for which a conditio~at use
permlt 1s authorized by Anaheim Municipal Gode Section 18.44.OSQ•300 to wit: to
convert an enclosed restaurant to a drive-[hrough restaurant with a walver of:
SECTION 16.06.060.0233 ~ Mlnimum number of arkin s aces.
3 required; 3? proposed
2. That the aforementioned waiver ls hereby granted on the basis that
simllar xaivers have previously been granted in the same zone and vicinity a~d denfal
would be deprlving subJect property of privTteges being enJoyed by other prapertles
in the a~ea. a~d that a currently pending 2oning Code amendment wlll reduce the
required number of parkTng spaces for [his speciflc restaurant to 36 in which case
the requested waiver is minimal.
3. That thc proposed use will not adversely affect the adJolning land uses
and the grow[h and development of [he area in which it Is proposed to be located.
.4, That the slze and shape of the stte proposed for the use ts adequats to
allow the full development of the proposed use in a manner not detrTmental to thc
particular area nor to the peace, health, safety, and generat welfare of the Ctttzens
of the Clty of Anaheim.
PC78-250
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5. That the granting of the Conditlonal Use Permtt under the conditTons
imposed, if any, will not be detrimental to the peace, health, safety and general
welfare of the Gltizens of the City of Anahetm.
6. That no one Indicated their presence at said public hearing in
oppositlon; and that no correspondence Has received 1n opposltlon to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: The Planning Director or hTs authorized
representat ve as determ ne t at the proposed proJect falls with(n the deftnttton
of Categorical ExemptTons. Class 1, as defined in Paragraph 2 of the City of Anahetm
Environmental Impact Report Guidelines and fs. ther^~ore, categorically exempt from
the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anahetm City Planning Commisslon
does hereby grant subject PetttTon for Conditlonal Use Permlt, upon ihe following
conditions wFich are hereby found to be a necessary prerequlslte to the proposed use
of the subJect property In order to preserve the safety and generat welfare of tha
Cittzens of the Clty of Anahetm:
1. Tha[ subJect property shall be developed svbstantially in accordance
with plans and speciftcatlons on ftle Nith the City of Anaheim marked Revision No. 1
of Exhibit Nos. 1 and 2.
BE IT FURTHER RESOLVED that the Anaheim Lfty Pian~ing Commission does hereby
find and de[ermine [hat the adoption of this Resolution is expressly predicated upon
applicant's compilance with each and all of the condlttons hereinabove set forth.
Should any conditlon or any part thereof, be declared tnvalid or unenforceable by the
final Judgment of any court of competent Jurisdiction, then this Resolutton, and any
approvals heretn contatned~ shall be deemed null and void.
THE FOREGOI~IG RESOLUTION is signed and approved by me this 6th day of
November, 1978.
C.~i ~,~ f~ s~'~•~.~-.~-~...~
CHAIRMAN PRO TENPORE
ANAHEIM CtTY PLANNING COMMISSION
ATTEST:
`~,e~ 1° ~..~.~:.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
'Z- PC78-250
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STA'fE OF LALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I. Edlth L. Harrls, Secretary of the Anahelm Clcy Planning Commisslon. do
hereby certify thaL Che foregoing resolutlon was passed and adopted at a meeting of
2he Anaheim City Ptanning Commisston held on t~ovember 6, 1978, at 1:30 p.m..by th~
following vote of the members thereof:
AYES: COMMISSIONERS: BARNES. BUSHORE, DAVID, KING
NOES: COMMISSIONERS: NQNE
AF3SENT: COMMISSIONERS: HERBST, JONNSON, TOLAR
IN NITNE55 41HEREOF~ ~ have hereunto set my hand this 6th day of Novgnber,
1978.
~L~xl -1-°?4~t-+-=-
SECRETARY, ANAH IM GITY PLANNING LOMHISSION
-3- PC78-z5o