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PC 78-85; RESOLUTION N0. PC78-$5 A RESOLUTIOFI OF THE ANAHEIH CITY PLANNING COFIMISSIOt~ THAT PETITION FOR CONDITIONAL USE PERNIT N0. 1822 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a veriffed Petition for Condi[tonal Use Permit from MARCUS A. AND KI1RE~~ S. GARTNER, 215 Nor[h State College Boulevard, Anahelm, Californta ?2606. owners, ano P. F. STANGER, 18433 Amistad, Fountain Valley, California 92708, agent, of certain real property situated in the City of Anahetm, County of Orange, State of Caltfornia, described as: That por[Ion of Lo[ 7 of "Anaheim Extension" in the City of Anaheim, County of Orange, State of California, as shown on a Map of Survey by uil)lam Hamel, acknowledged by Alf;ed Robtnson, Trustee. recorded in Los Angeles County, Lalifornia, described as follows: Begin~ing at the Southeast corner of that certain parcel of land com eyed to Fred 0. Thanpson and Ethel Thompson, by deed recorded December 2, i?44 in boo4 1286, page 419, Offtcial Records, satd point being located on the center line of Piacentia Avenue at a point 213.00 fcet ~lorth 0° 07' 30" East from [he inter,ection of satd center line with the cen[er line of East Center Street; runnin9 thence North 0° 07' 30" East 191.26 feet along said center line to the true point of beginning; thence South 77~ 52' 20" Nest 377.80 feet to a poin[ in the West line of said parcel, said polnt also betng t~orth 12° OS' West 16E.63 fcet from the Southwest corner of sald parcel; thence North 12`~ 08' Nest 81.63 feet to the Northwest corner of said Parcel; thence North 74~ 52' 30" East 401.65 feet Lo tnc Nor[heast corner of satd parcel; South 0° 07' 30" Uest 105.23 feet along the Easterly line of said parcel to the pofnt of beginning. WFiEREAS, the City Planning Commission did hold a public hearing at the City Hal) in the Cfty of Anaheim on April 24~ 1978, at 1:30 p.m,~ notice of said public hearing having been duly gtven as required by IaN and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18,03. to hear and consider evtdence for a~d against saTd proposed conditional use and to investigate and make findings and recommendations in connectton therewtth; and WFIEREAS, safd Comm(ssion, af[er due inspection, invesitgation and study made by itself and fn its behalf, and after due conslderation of all evidence and reports offered at said hearing, does find and determine the foliowing facts: 1. That the proposed use is properly one for whtch a condi[Tonal use permi[ is authorized by Anahetm Municipal Code Section 18.44,050.300 to wTt: to permit a drive-[hrough restaurant. 7, That the proposed use is hereby granted subJect to approval of revtsed plans by the Traffic Engineer and the Sanitation Division, said revised plans showtng only one driveway on State College Boulevard and showing adequate trash pick-up accessibllity and tur~-around areas; and any modiflcations to the plans. as presented, shall be revtewed by the Planning Ca;xntsslon. PC78-85 ~. 3, That the praposed use w(11 not adversely affect the adJoining land uses and the growth and development of the area in which it is proposed to be located. 4, That the size and shape of the site proposed for the use is adequate to particuiarfareadnor,tamthe peacee healthedsafetyn andageneral~welfareiofnthe Citizens of the City of Anahetm. 5. That the 9ranting of the Condttional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Lit(zens of the City of Anaheim, 6. That no one indicated their presence at said pubiic hearin9 in opposition; and that no correspondence was recelved in opposition to the subject pe[ition. EtIVIR011MEHTAL IMPACT fINGING: That the Anahcim City Planning Cormiission has reviewed the subJect proJect consisti~g of a drive-[hrough restaurant on a rectangularly-shaped parcel of land consisting of approximately 0.7 acre, havtng a frontage of approximately 100 feet on the west side of State College Boulevard, and being located apprroximately 402 feet north of the centerline of Center Street; and does hereby approve the Negative Declaratlon fran the requirement [o prepare an environmental impact report on the basis tha[ there would be no significant individual or cumulative adverse environmencal impact due to the approval of thls Negative Declaratlon since the Anaheim Generai Plan desianates the ,ubject property for general commercial land uses commensurate with the proposal; tha[ no sensitive environmental impacts are involved In the proposal; that the Ini[Ial Study submitted by the petitioner indicates no significant indivtdual or cumulative adverse environmental impacts; and that the Negatfve Declaration subs[antiating the foregoing findtngs is on file in the City of Anaheim Planntng Departme~t. NOW, 7HEREFORE, BE IT RESOLVED tha[ the Anaheim Lity Planning Commission does hereby grant subJect Petitlon for Condttional Use Permit. upon the following co~ditions whfch are hereby found to be a necessary prerequisitm to the proposed use af the subject property in order [o prescrvc Lhe safoLy and gen~ral welfare of the Cltizens of the City of Anaheim: i, That trash storage areas shall be provided in accordance wlth approved plans on fiie with the Office of the Director of Public Works. and that revised plans, showing that adequate accesstbiitty and turn-around areas shall be provided for trash collection vehicles, shali be submitted to the Sanitation Division for approval. 2. Tha[ the owner(s) of subJect property shall submit a letter requesting iermination of Londitional Use Permit No. 1362. 3, That subject property shall be developed substantiatty ln accordance with plans and specfficatlons on file with the City of Anaheim marked Exhibit Nos. i through 3 provided, however~ that onty one driveway shall be provided on State College Boulevard in accordance with the recommendatlon of the Traffic Engineer. 4. That revised plans showing only one dtrveway on State Cotlege Boulevard and showing adequa[e on-site circulation for trash collection vehicles, shall be submitted to and approved by ii~e 'Traffic Engineer and Sanitation Divis(on and that _2_ Pc78-85 . ; ~~ ~~ any modifitatlons to the plans, as presented, shall be revtewed by the Planning Commission. 5. That Condition No. 2, above-mentioned, shall be complied with prlor to the commencement of the activity authorized under this resolutlon, or prior to the time that the butlding permit is issued, or within a period of one year from date hereof, whtchever occurs flrst, or such Furcher time as the Planning Commission may grant. 6. That Condition tJos. 1 and 3, above-mentioned, shall be complted with prior to final bullding and zoning tnspec2lons. THE FOREGOING RESOLUTION is signed and approved by me this 24th day of April, 197a. CHA~MAN~ ANAHEIM CITI' PLANNING LOMMISSION ATTEST: ~~ .~~ ,~ ~~ SECRETARY, ANAHEIM CITY PLANNIt{G CON"115510N STATE OF CALIFORNIA ) COUNTY OF ORAPtr,E ) ss. CITY OF ANAHEIM ) I, Edith L. Harrls, Secretary of thc Anaheim Ci[y Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Carmission hcid on April 24. 197g, at 1:3~ p.m., by the following vote of the m~nbers thereof: AYES: COMNISSIONERS: BARNES~ DAVID, HERBST~ LINN, TOLAR N~JES: COHNiSSI0NER5: ?t017E ABSENT: CONM15510NER5: JOHNSON ABSTAIt~: COMNISSIONERS: KING IN WITNESS WHEREOF, ~ have hercunto set my hand this 24th day of April~ t978. ~~ ~ ` SECRE~ARY. NAHE M CI Y LANt~ING GOnntSSi~rv -3- PC78-85 ~ 1`