PC 79-82RESOLUi10~1 N0. PL79~82
A RESOLUTION OF Tf1E ANAHEIM CITY PLANNING COMMISSION
THAT PE5"ITION FQR CONDITIONAL USE PERMIT N0. 1467 BE GRAHTED
WNEREAS~ the Anaheim City Planning Commission did receive a ver(fied
Petition for Conditional Use Pcrmit fran BUSINESS PROPEP.TIES PA4TNERSHIP N0, 29~
17840 Sky Park Circle, Irvine, Caiifornia, 9271l~, owner. and DEL TACO, I~IC., 345
Baker Street, Costa Mesa. Caiifornta 92626, agent, of certain real property situated
in the CTty of Anaheim, Lounty of Orange. Statc of California, descrtbed as:
Parcel Number 1 as shown on a map ftled in book 123 pages 44 and
45 of Parcel Maps. records of Orange County, California.
4fHEREAS~ Che Ltty Planning Commtssion did hold a public hearing at the City
Hall in the Lity of Anaheim on April 23, 1979, at 1:30 p.m., notice of said public
hearing havtng been duly given as required by law and in accordance with the
provistons of the Anaheim Munictpal Code, Chapter 18.~3~ to hear and consider
evidence for and against said proposed condttional use and to investigate and make
findings and recommendations in connection therewith; and
NHEREAS, said Commission, after due inspec[ton~ investiaa[ton and study made
by itself and in i[s behalf, and after due constderation of all evidence and reports
offered at sald hearing, does ftnd and determtne the followin9 facts:
1. That the proposed use ts properly one for which a conditional use
permit is authorized by Anaheim Municipal Lade Section 18.45.050.29A to wlt: to
permit a drive-through restaurant.
2. That the proposed use wtll not adversely affect the adJointng land uses
and the gra+th and development of the area in which it Is proposed to be located.
3. That the slze and shaae of thc site orooosed for the use is adeauaie to
allcw~ the full development of the proposed use in a man~er not detrimental to [he
parttcular area nor to the peace, health. safety. and general welfare of the Cltizens
of the City of Anaheim.
4. That the granting of [he Conditional Use Permit under the condittons
tmposed, if any~ will no[ be de[rimenta) to the peace, health~ safety and general
Nelfare of thc Citizens of the City of Anahcim.
5. That no one indicated thelr presence at sald publtc hearing in
opposltlon; and that no correspondence was received in opposition to the subJect
petition.
ENVIRONMENTAL IMPACT fINDING: That the Anahelm CTty Planning Cannisslon has
rcviewed t c proposa to perm t a r ve-through restaurant on an irregularly-shaped
parcel of la~d consTsting of approx(mately 4,1 acres ~orth and east of the northeast
cor~er of Chapman Avenue and Narbor Boulevard, having approximate frontages of 78
feet on the north side of Chapman Avenue and 6G7 feet on the east side of Harbor
Boulevard and havi~g a maximum depth of approximately 250 feet; and does hereby
PC79-82
approve Che Negative Declaration from ihe requirement to prepare an environmental
impact report on the basis that there ~rouid be no significant individuat or
cumulative adverse environmental impact due to the approval of this Negative
Oeclaration since the Anaheim General Plan designates the subject property for
general commercfai land uses commensurate with the proposal; that no sensi[ive
environmen[al impacts are involved in the proposal; that the Initial Study submitted
by tfie petitioner indicates no significant individual or cumulat(ve adverse
environmental impacts; and that the Negative Declaration substantiating the foregol~g
ftndings Is on file in the City of Anaheim Planning Department.
NOw, TIIEREFORE, BE IT aESOLVED that che Anahefm City Plannin9 Commission
does hereby grant subJect Petition for Londltional Use Permit, upon [he foliowing
conditlons which are hereby found to be a necessary prerequisite to the proposed use
of the subJect property in order to preserve [he safety and general welfare of the
Cttizens of the City of Anahefm:
i, That the a+ner(s) of subJect property shall pay to the City of Anahelm
a fee. in an amount as determined by the City Council, for street lighting along
Harbor Boulevard.
2. In the event that subJect property is to be divided far the purpose of
sale, lease. or financin9r a parcel map, to record the approved division of subject
property shali be submitted to and approved by the City of Anaheim and then be
recorded In the office of the Orange County Recorder.
3. That the owncr(s) of subJect property shall pay the traffic signal
assessment fee (Ordinance No. 3896) in an amount as deternined by the Clty Council.
for commercial buildings prior to the issuance of a butldi~a vermit.
4. That subJect property shall be developed subs[antially in accordance
with plans and specifications on file wi[h the City of Anahelm marked Exhibi[ Nos. 1
through 3.
5, That trash storage areas shall be provided fn accordance with approved
pl~ns o~ f11e wlih the Office of the Oirector of Puhlic Works.
6. That C~ndi[ton No. 1, above-mencioned~ shatl be complied with prior to
the cormiencement of the activity authorized under thls resolutfon, or prior to the
[ime that the building permit is issued. or within a pertod of one year from date
hereof, whichever occurs first, or such further time as she Planning Commission may
grant.
7, That Condition Nos. 4 and 5. above-mentioned. shall be complted with
prior [o final building and zoning Inspectlo~s.
BE IT FURTHER RESOL4ED that the Anahelm City Planning Comnission does hereby
find and determine that adoptlon of tfils Resolutlon is expressly predic~ted upon
apoltcant's canpliance with each and all of the conditlons hereinabove set farth.
Shoul~ any such conditlon, or any part thereof, be declared invalld or unenforceable
by the flnal Judgment of any court of canpetent Jurisdiction, then this Resolutton~
and any approvals hareln contained, shall be deemed nuil and void.
-2- Pt79-8z
r.
f •
i;
f " ;, ;
i 1
THE FOREGOING RESOLUTION Is signed and approved by me this 23rd day of
April. 1979.
AI MAN~ ANA CI LANNING COMHISSION
ATiEST:
~~, .~.° ~,~.:.
SEC ETAR , ANAHEIN LITY LANNING COHMISSION
STATE OF CALIFORNIA )
COUNTY Of ORANGE ) ss.
CITY Of ANAHEIM )
I, Edtth L. Harris. Secretary of the Anahelm Ctty Planning Lommfssion~ do
hereby certify [hat che foregoing resolution was passcd and adop[ed at a meettng of
the Anaheim City Planning Cortmission held on April 23. ~979, by che foTlowing vote of
the manbers thereof:
AYES: COMMISSIONERS: BUSHORE, DAVID, HER85T~ JOHNSON, KING. TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMiSS10NER5: BARNES
Ik NITNESS WHEREOF, I have hereunto set my hand this 23rd day of April,
1979.
`G ~cc.~ ~ '
~ELRETAR , ANAHEIM CI-T~( LANNING COMMI55 ON
-3_ PC79-g2