PC 79-63RESOLUTION N0, PC74-63
A RESOLuTION Of TH~ ANAHElN CITY PLANNING CO"1MIS5104
THAT PETITION FOR CO~IDITIONAL USE PERMIT N0. 195E BE GRANTED, IN PART
WHEREAS, the Anahelm Clty Planning Commission Jid receive a verified
Petition for Condictonal Usc Permit from FOODMAY.ER COMMISSARY, INC., Post Office Box
783, San Die9o, California yZi12. rnrner, and LYLE GUSTAV=50~ OR BILL GILSON, 5900
South Eastern Avenue, Suitc 156, Ltty of Commcrce, California 40040, agents, of
certaln real property sttuated in the City of Anahetm, Loun[y of Orange, Sta[e of
California. described as:
T11E SOUTH 310 FEET OF TNE ~1EST 26~.n0 FEET OF 7HE SOUTHEAST
QUARTER Of SECTION 22, TONNSNIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO SAN JUAtJ LAJON flE 5lINTA AIJA, CITY OF AtJAIIEIH, COIINTY OF
ORANGE, STATE OF CFLIFORNit~, AS PER MAP RECOROED IN B~OK 51 PAf,E
10 OF MISLELL/1NEOUS MAPS, IM THE OFFICE OF THE COUNTY RECOCDEA OF
SAID GOUPITY, "1E45URED ALOt~G THE SOUTHEP.LY At~D NESTERIY LIIJES
THEREOF. EXCEPT THAT PORTION THEREOF INCLUDEO WITHIH NARBOR
BOULEVARD, AS SAID BOULEVAR~ WAS ESTABLISHED AUGUST 17, 1°5~!.
SAID LAND IS INtLUDED WITHIN THE AREA SNOwt~ ON A MAP F~LED IN EOOK
36 PAGE 38 OF REC09D OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
4/NEREAS, the City Planning Commission dfd hoid a public hearing at the City
Hall in the City of Anaheim on Harch 26, 197`~, at 1:30 p.m., notice of said pubitc
hearfng having been duly given as requfred by law and in accurdance with the
provisions of the Anaheim Hunicipal Code, Chapter 18.03, to hear and consider
evidence for and agalnst said proposed conditional use ancl to investigate and make
findings and recomnendations in connection therewith; and
I~IHEREAS, said Cortxnission, after duc inspection, Investlgatlon and study made
by itself and in its behalf, and after due consideration of all evfdence and reports
offered at said hear(ng. does find and determine the followinq facts:
i. That [he proposed use is properly one for which a condttional use
permit is authorized by Anaheim Municipal Lode Sec[ions 18.03.030.010 and
13.42.050.2Q0 to permit a drive-through restaurant with aaivers of:
(a) SECTION 18.06.060.0233 - Mtnimum number of arkin s aces.
q spaces requlred;
7~proposed )
(b) SECTtON 18,06.090.Q20 - Minimum drive throu h lane len th.
0 eet required between
order aevice and start of lane;
14 feet proposed)
PC79-63
2. That the requcs[ed walver (a) fs hereby granted for 71 parking spaces
on the basis that because of the recreational and motel uses ln the area a
significant percencage of the customers will be walk-in custoners without vehicles.
3. Tha[ the requested walver (b) is hereby denled on the basis that the
petitioner stlpulated at the pubiic hearin9 to submtttfnq a revised site plan
providing the required drive-through lane in ~onformance Nlth current code
requirements; said pian [o be reviewed and approved by the Planning Commission.
4, That the proposed use, as aran[ed, will not adversely affect the
adJoining land uses and the growth and development of the area in whlch tt is
proposed to be located.
5. That the size and shape of the site proposed for the use, as granted,
is adequate [o allow thc full devclopment of the aroposed use in a manner not
detrimental to thc particular area nor co [he peace, health, safety, and general
welfare of the Citizens of the City of Anaheim.
6. Tha[ the Condltional Use Permit, as granted, and under the conditlons
imposed, will not be deirimental to the peace, healch, safety and gencral welfare of
the Litizens of the City of Anahelm,
7. That no one indicated their presence at said public hearfna in
oppostii~n; and ihat no corresponJence was recefved in opposftlon to the subJect
petition.
ENVIRONMEIJTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposa to perml[ a drive-ihrough restaurant with walvers of mtnlmum
number of parking spaces anJ minimum drive-through lane leng[h on a rectangularly-
shaped parcel of land tonsis[ing of approximately 1.14 atres located at the northeast
corner of Y~Cella Avenue and Harbor Boulevard, having approxlmate frontages of 200
feet on the nor[h side of Katella Avenue and 250 feet on Che east side of Harbor
Boulevard; and does hereby approvc the Ncgative 7eclaraLion fran the requir~ment to
prepare an environmental impact report on the basis that there would be no
significan[ individual or cumulative adverse environme~tal impact due to th~ approval
af this Negative Declaration since the Anaheim General Plan designates the subJec[
property for commercial recreation land uses cormensurate rrich the proposal; that no
sensittve environmental impacts are involved in the proposal; that the Initial Study
submitted by the petitioner indtcates no significant individual or cumulatfve
adverse environmental impacts; and that the Negative Declara[ion substanttating the
fore9oing findings (s on file in the City of Anaheim Planning Departmen[.
NOW, THGREFORE. BE I7 RESOLVED that [he Anaheim Lity Planning Commission
does hereby grant, fn part, subject Petition for Condi[tonal Use Permtt, upon the
followtng conditions which are hereby found to be a necessary prerequlsite to the
proposed use of the subJect property in order to preserve the safety and general
welfare of the Citizens of the City of Anaheim:
i. That streex lighting facllittes along Harbor Boulevard and Katella
Avenue shall be installed prtor to the final building and zoning inspectfons unless
_2_ PC79-E3
otherwlsc approved by the Director of Publlc Utilittes, and in accordance wiih
speciftcations on file in the Office of the Director of Public Utilttles; and/or that
a bond, cert(ficate of deposft, letter of credit, or cash, in an amount and form
satisfactory [o the Ct2y of Anaheim shall be posted wtth the City to guara~tee the
Installation of the above-meniloned requlrements.
2. That trash storage areas shall be provided in accordance rilth approved
plans on file with ttie Office of the Dtrector of Public Works.
3. That the owner(s) of subJect property shall pay [he [raffic signal
assessment fee (Ordinance No. 3896) ln an amount as determined by the Lity Council,
for commerciat buildings prior to the issuance of a building permtt.
4. That thc proposed res~aurant shatl comply with all signing requirements
of the CR zoning.
5, That subJect propercy shall be developed substantially in accordance
with plans and specifications on file with the City of Anahelm marked Exhibit Nos. 1
through 3; provided, howevcr, tha[ a minimum of 71 parking spaces may be provlded and
that the drive-through lane leng;h shall comply with the Zoning Code requlreme~ts.
6. That a revised plan showing drive-throu9h lanes conforming with the
Zoning Code shall be submitted to the Plannin9 Cormtssion for review and approval
prlur to issuance of a building permit.
7, That Condition No. 1, above-mentioned, shall he complied with prlor to
the commencement of the activity authorized under this resolution, or prior to the
time that Che building permit is issued, or ~~Ithin a period of one year frons date
hereof, whichever occurs first, or such further tlme as the Planning Commlsston may
grant.
8. That Condition Nos. 2 and 5, above-mentioned, shall be canplled with
prior [o final butiding and zoning inspections.
BE IT FURTHER RESOLVEO that Lhe Anahetm Ctty Pla~ning Commission does hereby
find and determine that adoptlon of this Resolutton Is expressly predicated upon
appllcan['s compliance with each and all of the condltions herelnabove set forth.
Should any such condition, or any part thereof. be declared i~valid or unenforceable
by the final Jud9ment of any court of competent Jurisdiction, then thfs Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOIt~G RESOLUTION is sfgned and approved by me this :5th day of
Harch, 1979.
C AN ~ M C I L NN t,G COMM I N
AT7EST:
~a~ ~1.~,~:., _
SECRETARY. ANAHEIM CITY PLA~~NING CONMISSION
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STATE OF CALIFORNIA )
COUt~TY OF OftANGE ) ss.
CITY OF ANAHEIM )
i, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution rias passed and adopted at a meeting of
the Anaheim CTty Planning Commission held on March 26, 1979, by the following vote of
the members thereof:
AYES: COM`115SIONERS: BARNES, BUSHORE, DAVID~ HERBST, JOHttSON, K~t•!G, TOLAR
NOES: ~0~1MISSIONEP,S: NOtJE
Al3SENT: COMMISSIONERS: NON'c
1979.
IN NIT~IE55 WHEREOF, I have hereunto se[ my hand :his 2Eth day of March~
~~ ~ ~
SELRETARY~ ANAHEIM LITY PLANNING CONMISSION
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