PC 78-267~,._ - ~
RESO~uTtor~ wo. Pc78-z67
A RESOLUTION OF THE ANAHEli4 CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAI USE PERMIT N0. 1907 BE GRANTED
WHEREAS, the Anaheim Ctty Planning Commission Jtd receive a verified
Petition for Conditionai Use Permit from RO6~RT AND ESTHER J. CARLIN, 3672 Liggett
Drive, San Die9o, Caltforn(a, 92106, owners, an~ eurNnp;y INDUSTRIES, IhC., A7TN: JOHN
H^RLAt1, 5871 Firestone Boulevard, South Gate, Calffornla 90280, agenC, of certain
real property situated in the City of Anahefm, County of Orange, State of Lalifor~ta,
described as:
Lots 1, 2, 3 and G of Tract No. 254, Five Points Subdivision, in
the City of Anaheim, County of Orang~, State of Catifornia, as per
map recorded in book 13 page 35 of Miscellaneous Maps, in the
office o` the County Recorder of said County.
tJHEREAS~ the Ctty Planning Canmission did hold a pubiic hearing at the City
Hall in the City of Anahelm on November 20, 1978, at 1:30 p.m,, notice of said public
hearing havin9 been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evldence for and against said proposed condittonal use and to investigace and make
findings and recommendations in connection therewith; and
WHEREAS, said Commtssion, after due inspection, ir.vesttgation and study made
by itself and in fts behalf, and after due consideratton of ali evidence and reports
offered a[ said hearing, does find and determine the folloNing facts:
1. That the proposed use is properly one for which a condiiional use
permit is authorized by Anaheim MuntcTpal Code Section 18.45.OS0,290 to wT[: to
permit a drive-through restaurant with waivers of:
~a) SECTION 18,05.093.021 - Maximum number of free-standin si ns.
1 perm([ted; 3 praposed
(b) SECTION 18.06.o6e.0233 - Hinimum number of arkinq s aces.
3 requlrad; 32 proposed
2. That the proposed use Is hereby granted subject to the petitioner's
siipulations ihat the driveway shall be located perpendicularly to the centerline of
Lincoln Avenue for safer vehicle access to [he property (and eliminating one parking
space) and that a raised 6°Inch high curb shall be constructed adjacent to the pubiic
alley to permit parking wlthout any vehicles overhanging into said alley.
3. That the above-mentioned waiver (a) ts hereby granted on the basis that
the panels on which the stgns are mounted and which extend from tFe buildtng are
attached to the bullding by a roaf structure and are. in :his instance~ determined to
PC78-267
be an integral part of the building and, thereforc, similar to wall signs; and that
the two signs mounted on satd panels shali be l~gos only with no other advertising.
4. That the above mentioned watver (b) is hereby granted on the basts that
the proposed parking spaces comply with the revised parking standards recen[ly
approved by the City Councii and which will become effecttve on November 30, 1978, at
which time this waiver will no lon9er bz necessary.
5. That the proposed use will not adversely affect the adJoining land uses
and the growth and development of the area tn which It is proposed [o be located.
6. That the size and shape of the site proposed for the use is adequate to
allow the full development of the proposed use in a man~er not detrimental to the
particular area nor to the peace, health, safety, and gencral welfare of the Citizens
of the City of Anaheim.
7. That the grantfng of the Condittonal Use Permit under the condi[ions
imposed, if any, wfil not be detrfinental to the peace, health, safety and general
welfare of the Citizens of the City of Anaheim.
8. Tha[ ~o one indicated their presence at said public hearing ln
opposiCion; and that no correspondence was recelved fn opposition to the subJect
petition.
ENVIROt~MENTAL 1f1PACT FINDING: 7hac the Anaheim Ci[y Planning Commissio~ has
revier~ed the proposa to permit a dr(ve-through restaurant with watvers of maximum
number of free-standing signs and minimum nunber of parking spaces on ari irregularly-
shaped parcel uf land consisting of approxtmately 0.5 acre lacat:•d a[ the northeast
corner of Lincoln Avenue and West Street, having appror.imate frontages of 19C feet on
the north side of Lincoln Avenue and 65 feet on the east side of West Street; and
does hereby approve the Negative Declaratlon from the requirement to prepare an
environmental impact report on the basis that there would be no significant
individual or cumulative adverse environmental impact due to the approva! of this
Negative peclaration since the Anaheim Generat Pian designa[es the subject property
for general commercial land uses coranensurate wi[h the proposal; that no sensittve
environmental impacts are involved in [he proposal; that the Initial Study submitted
by the petitioner tndicates no signiftcant individuat or cumulative adverse
environmental impacts; and [hat the Negative Declaration substanttating the foregaing
flndings ts on ftle in the City of Anahelm Planntng Department.
NOW, THEREFORE~ BE IT RE50LVED that thc Anaheim City Planning Commission
does hereby grant subject Petition for Londlitonal Use Permit, upon the foltowtng
conditions which are hereby found to be a necessary prerequisite to the proposed use
of tha subJeci property In order to preserve the safety and general welfare of the
Cltizens of the City of Anaheim:
l. That trash storage areas shall be provided tn accordance with approved
plans on file with the office of the Directo~ of Public 4lorks.
Z. That the underground gasoline s[orage tanks shall be removed,
-~- PC18-?67
3. That the owner(s) of subJect property shall pay the cem~ercial trafflc
signal assessment fee (Council Policy No. 214) amounting to $180.00 per 1000 square
feet of the buildings or fraction thereof prior to the issuance of a building permit.
4. That subJec[ property shall be developed substantialiy in accordance
with plans and speciflcattons on file wlth the City of Anahetm marked Exhibit Nos. 1
through 6, provided, however, that [he driveway to Ltncoln Avenue shall be
reconstructed perpendicular to the centerline of said street and that a 6-inch high
raised curb shall be provided between thr, pubtic ailey and all parking spaces
abutting sald alley.
BE IT FURTHER RESOLVED that the Anahelm City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predica[ed upon
applicant's compliance with each and all of [he conditions heretnabove set forth.
Should any such conditlon, or any part thereof~ be declared Invalid or unenforceable
by the final Judgment of any cour[ of competent Jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTI017 is signed and approved by me this 20th day of
tJovember, 1978. ,~~
.
' r
A. , E CI A NING CONMISSIOk
ATTEST:
SECRETARY, ANAHEIM CITY~ COMHISSIOH
STATE OF CALIFORNIA )
COUNTY OF ORAtJGE ) ss.
CITY OF AIJAHEIH )
I, Edith L. Harris, Secretary of the Anaheim City Plannfng Commissfon, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on November 20, i978, at 1:30 p.m „ by the
following vote of the members thereof:
AYES: COMM(SSIONERS: BUSHORE, OAViD~ HERBST~ KING, TOI.AR
NOES: COMMISSIONERS: NONE
ABSENT: COHMISSIOt~ERS: BARNES, JOHNSON
i978.
IN WITNESS '.~HEREOF. I have hereunto sei my hand thls 2Qth day of November,
C~ dl.c.U ,~ ~,s,
SECRETARY~ ANAHEIt1 CITY PLANNING C01•iMI5510N
-3- PC78-267