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PC 80-201R[SOLUTIOtJ N0. PC80-201 A RESOLUTIO~I OF THE ANAHEIM CITY PLAWNINr, C0~1!11SSION THAT PETITION FOR CONDITIOPlAL USE PERMIT FJO. 2135 BE GRANTED WHEREAS, the Anaheim City P)anning Commission did receive a verified Petition for Conditional Use Permit from TERRA FIRMA PROPERTIES, INC.~ 438 East Kat~11a Avenue~ Suite 438, Orange~ California, 92667~ owner, and ~YLE GUSTAVESON, 9040 Telstar~ ~uite 121, EI Monte, Californla 91731, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1 AS SHOWN ON PARCEL kAP N0. 80-238 RECORDED IIJ BOOY. 145, PAGES 37-3$ OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA. WHEREAS, the City Planning Commission did hoid a public hearing at the Civtc C~_nter in the City of Anahelm on November 17~ 1980, at 1:30 p.m., notice of said public hearTng having 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 evidence for and agatnst said proposed conditianal use p2rmit and to Investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and tn its behalf, and after due consideration of all evidence and reports offered at said hearing, does ftnd and determine the folloY~ing facts: ~, That the proposed use is properly one for which a conditional use permtt is authortzed by Anaheim Muntclpai Code Section 13.45,050.290 and 13,45.OS0.270 to wit: to construct a drive-throuqh restaurant in the CG (commercial, General) and CH (Commercial, Heavy) Zones. 2, That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located, 3, That the size and shape of the site proposed for the use is adequate to ailow ti~• fuil development of the proposed use tn a manner not detrimental to the particular a:Pa nor to the peace~ health~ safety, and general welfare of the Citizens of the City of Anaheim. 4, That the granting of the Conditional Use Permit under the conditions imposed, if any, wiil not be detrimental to the peace, heaith, safiety and general welfare of the Citizens of the City of Anaheim. 5, That the traffic generated by the proposed use will not impase an undue burden upon the streets and highways designed and improved to carry the trafflc in the area. (, That no one indicated their presence at said publtc hearing in opposition; and that no correspondence was received in opposttton to the subfect petitiun. PC80-201 ENVIROPlMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct a drive-through restauran` in the CG (Commercial~ General) and CH (Corrrnercial, Heavy) Zones cn a rectangularly-shaped parcel of land consisting of approximately 0.7 acre~ having a frontage of approximately 100 feet on the east side of Harbor Boulevard, having a maximum depth of approximately 290 feet being located approximately 165 feet south of the centerltne of Wilken Way; and does '~ hereby approve the Negative Declaration from the requirement to prepare an environmenta) impact report on the basis that there o-iould be no significant ind•,vldual or cumulatfve adverse envtronmental impact due to the approval ~-his Negative Declaration since the Anaheim General Plan deslgnates the subject property for general commercial land uses commensurate with the proposal; that no sensitive environmental impacts are fnvolved in the proposal; that the Initlal Study submitted by the petitioner indicates no significant tndividual or cumulative adverse environmental impacts; and that the Negative Declaratton substantiating the `oreg~ing findings is on ftle in the C(ty of Anaheim P)anning Department. NOW, THEREFORE~ BE IT RESOLVED that the Anahetm City Planning Commisstcn does hereby grant subject Petition for Condltional Use Permit, upon the following conditions which are hereby found to be a necessary prerequistte to the proposed use of the subJect property in order to preserve the safety and general welfare ~f the Citizens or the City of Anaheim: 1. That the existing northerly driveway on Flarbor Boulevard shall be closed and replaced r~ith standard curb, side~~alk and gutter, as required by the Traffic Engineer. 2. That perpetual easement agreements wlththe owners of the properties to the north and south, prov;ding for circulation of trash trucks and vehtcles from one parcel to the other~ shall be submitted to the City Attorney's Office for review and app~oval. Said easement agreements shall then be filed and recorded in the Office of the Orange County Recorder, 3. Tliat a perpetual parking easement agreement with the owner of the property to the south, providing for a total of i~ parking spaces~ shall be submitted to the City Attorney's Offlce for review and approval. Said parking agreement shall then be filed and recorded in the Office of the Orange County Recorder. 4. That subJect property shail be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhtbit PJos. 1 through 3. 5. That Condition Nos. 2 and 3, above-mentioned, shall be complied with prior to the commencement of the activity authorized under thts resolution, or prior to the ttme that the buitding permit is issued, or withtn a period of one year fran date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 6. That Condition Nos. t and 4, above-mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTtiER RESOLVED that the Anaheim City Planning CommissTon does hereby find and determine that adoation of this Resolut~on is expressly predicated upon a~piicant~s compliance with each and all of tlie conditions hereinabove set forth. -~- PC80-201 Should any such condition, or any part thereof, be declared invalid or unenforceable oad any approvalsdherein~contained,isha)1 beedeemedUnulliand~vo(dhen thts Resolution, THE FOREGOING RESOLUTION ts signed and approved by me this 17th day of November~ 1980. ATTEST• ~.z. L ~ n ~' ~ - 1~- ~-~~,.~-.~ CHAIRPIAP~ R.O`TEMPORE, ANAHEIM CITY PLANPlING COMMiSStON , ~~ ~ .~.r/Q~~.:..~ SECRETARY, ANAHEIM CITY PLANNING COMMISSIOtJ STqTE OF CALIFORNIA ) COUNTY OF ORAtJGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris~ Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 17, 198Q, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE~ KING NOES: COMMISSIONERS: NpNE ABSENT: COMMISSIOMERS: PRY, HERBST, TOLAR IN WITNESS WHEREOF, I have hereunto set my hand thts 17th day of November, 1980, SECRETARY, NAHE~~ P~qpNING COMMISSION -3- PC80-201