PC 81-67RFSOLII'r10~! iln. PC31-!i7
A RESOLUTIOPI OF TI'~ ,'1:lP,I'[I" ~ITY FLAP!NI?iG Cn~qtl~~c~n~i
TIIAT PETITI0,1 FQR COflDIf1011.~L !~`?E PER'~IT t!~1, ^t^„~ rsE G2/;'iT~"~i
IdHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit frorr 2nvrin~tn G. SFF'riAR, FT AL, (~i37 /lvenida de
Santiago, Anaheim, California, ;2;~~7, o~~ners, and CARL ~I. !'J1P,rfIF.R Ei;TF'tPRISF..S, Eob
Holden, i7.~~ FJorth Narbor poulevarcl, P.naheim, Cali`ornia ^,'.~'ll, agenr~ e~f certain
~eal property situated in the City ~f Anaheim, County c~f Orann~, State of California,
described as:
That portion of AllotmenCS in Decree of Partition of the Rancho
Canon de Santa Ana, in the City of Anaheim, r~corded in Case 1'~7",
of the 17tn Judicial Di=_*_rict Court of California, a certified
eopy of whieh ~~as re.corded February £3, 1-~7~~, in bool; ~%~, nag~ 1;~'
of Deeds, in the Office of the County Recoroer of Los Angeles
County, Ca)ifornia, sho~•m as "Parcel No. 3, on a parcel map fiied
in hool< 5'r,, page 2 of parcel maps in the Of~ice of the County
Recorder of saiJ Oranyc County."
WHEREAS, the City Planninn Commission ~fid schedule a ~ublic hearinq ~t the
City Nall in the City of Anaheim on !iarch ?3, 1931, at 1:3~ p.m., no~ice of said
public hearinG having been eluly given as required by la~.;~ and in acc~rdance a~ith the
provisions of the Anaheim Hunicipal Code, Chaoter 1^,'?3, to hear and consider
evi~ience for and against said pr~posed conditional use permit and to im~e~tictate and
make findinqs and recommendations in connection there~•~ith; saici nuhlic hearing having
been continucd to the Plannin9 Cor~mission meetinq of April ~, I^~1; and
41HER[AS, said Commission after due inspection, investi~ation and study made
by itself and in its behalf, and after due consideration of ali ~vidence and reoorts
off=red at said liearing, does find ard determine the follo~:~inn facts:
i. That the oroposed use is pr~perly one for a~hich a conditional use
permit is authorized by Flnaheim Municipal Code Section 1~,4h,l1;~,3n~~ tc~ ~~iit: to
expand an existing drive-through restaurant ~•~ith ~•~aivers of the `ollnwina:
(a) S[CTI01•i 13.!16.0G0.~)233 - tlinimum nuni~er of parl;in~ snaces
(~9 re~uired; 37 proposed
(b) SECTIOFJ 18.OG.090.020 - ~~linimun length of drive-throunh lane
(100 eet bet~•~een orderiny devir~ and service
~~Jindot-~ required; aoproxiriaYely c:0 feet ~roposeri)
' That tiie ~roposed use is hereby granted su~ject to the ~~~n~iition rhat
the er.istinc, median breal in La Paln~ P,venue l~catr.d o~posite the er.isting 30-foot
evide central drive~iay into t'ie shoppinq center (a~pr~xir~ately 2~~0 feet easterly from
Imperial High~aay) shall be closed to pr~hi~~it left-turns into and out of L'he shnppinq
center at that access point.
Pr81-~ 7
3. That thc proposrd use ~.~ill not adversely affect the ad.joinSng land uses
and the grcx•~th and development of the area in azhich it is propose~l to bP located.
i+. Thar. the size and shane of the site proposecl for the use is adequate to
allow the full development of the oroposed use in a manner not detrimental to the
particular area nor to thc peace, health, safety, and general ~:~~lfare of the Citizens
of the City of Anaheim.
5. That the yrantiriq of the Conditional Use Permit under the conditions
imposed, if any, ~~ill not be detrimental to the pear_e, health, safety and general
~aelfare of the Citizens of the City of Anaheim,
G, That r_iie traffic generated 'oy the proposed use w~ll not impose an undue
burden upon the streets and high~rays designed and improved to carr~~ the traffic in
tfie area.
7. That no one indicated ;heir pres~nce at said public hearing in
opposition; and that no correspond~nce o!as received in opposition to the subjecC
petition.
EtlVIROP1htEN7AL IMPACT fINDING: That the Anaheim ~ity Plan~ing Commission has
reviewed the proposal to expand a~ existing drive-through restaurant with watvers of
minimum number of parking spaces and mininum length of driv~--through lane on an
irregularly°shaped parcel of land consisting ef approximate]y ~.9 acre iocated at tfie
northeast corner of La Paima Avenue and Imperial Nighoiay, having approximate
fron*_ages of 250 feet on the north side of La Palma Avenue and 150 feet on the ea~t
side of Imperial fiighway (57~~ East La Palma Avenue); and does here6y approve the
Negative Declaration from the requirement to prenare an environmental impact report
on the basis tliat there ivould be no significant individual or cumulatlve adverse
environmental Impact due to the approval of this Negative Oeclaratlon since the
Anaheim General Plan designates the subject property for general commercial land uses
commensurate orith the proposal; that no sensitive environmental impacts are involved
in the prooosal; that the Iniriai Study suhmitted nv the petitioner indicates no
significant individual or cumulative adverse envtronmental im~acts; and that the
tJegative Declaration substantiatinq the foregoing findings is on file in the City of
Analieim Planning Department.
N041, TflEREFORF, 6E IT RESOLUFD that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the folloarin~
conditions ~:~hich are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order to pre.serve tiie safety and general u~~elfare of the
Citizens of the City of Anaheim:
1, That the owner(s) of subject prooerty shall pay the traffic signal
assessment fae (Ordinance N~~. 3396) in an amount as determined by the f.ity Council,
for commercial buildings prior to tlie issuance of ~ buildino permit.
2. That trash storaye areas ahall be provided in accordance wlth approved
plans on fite with the Office of the Fxecut?ve Director of Puh1Pc '~lorks.
3. That th~ o!•mer(s) of subject ~r~perty shal! suhmit a letter requestin9
the termination of Conditional Use Permit ~'!o. 14`~2 to the Planning Department.
-7_- PC£31-(,7
~~. T!~ ~ t 5u!~j ~~ct F:roper[y ,ha ) 1 he drve ln~ed ;uhs t:,nt i~ 1 ly i n accordance
~'~ith pians and specificatiors on file i;~it!i the City of /1nah,~irn marl;ed Exhihi*. Flos, 1
throuah %i; ~~rovitied, !;o~~ever, that the existinc~ neclian break in La Pa)ma llvenue
loeated opposite the ~xisting 3'!-fr,~t ~ri~1~ central drivr_i~ay into the sho ninq center
(a{'proximateiy ~ti~ feet casteri~~ `-or~ Imnerial Hig';~:~av) sh;~ll i~e elosel to pro!~ihit
lefC-turns into and oirt of the slio~~inn center at t`~ot acress n~int.
`-~. ~~lc7t Condition !lo. 3, ~~>~ve-rnc~ntinned, shill he cor~nlied ~.•iith, prlor tp
the cor-v~encem~nt of the activitY authorized under this resoiurjon, o~ prior to the
timc that the bui)ding rernit is issuec;, or ~•iithin a r,er'iod of nne vear from date
hereof, ~•ihichever occurs first, or surh further time as the Planr.inq Commissi~n may
grant.
<~. That the pronosed er,~,ansion of a drive-throuah restaurant shall comply
o-~ith ali signing r~quirements of che CL(SC) (Commercial, limited - Scenic Corridor
Over)ay) Zone.
7. That Cor.dition PJos. 2, ~~ and ~, ahove-mentione~l, shai) he comp)ied with
prior to final huilding and zoning inspections.
BE IT FURTFIER RESO~~~ED [hat the Anaheim City Pl:~nnir~~ Commission ~!oes hereby
find and determine that ado~tion of this Resolution is rxnressly prPdi~~tPd UP~~
appiicant's compliance i:ith each and a11 of the condit~ons hereinabove set forth.
Should any such conciition, or any part thereof, be declared invalld or unenforceable
5y the final ju:lgment of any court of competent iurisdictir~n, then this Resol~~tion,
and any apprnvals hercin contain:,d, siiail he deemed null and void.
THE FORFr,q~;~r, ~[SOLUTIOtJ is signed anc! ano;oved by ne this ~th r_~ay of Apri1,
l~tit.
ATTEST.
~~CitC1%~i;Y, ~iWAHtIM CiTY PLAhJ~~NI~~2~'r
CG~11S5~Otl
STATE OF CALIf'ORPaIA )
COUN?Y OF ORAfJGE ) ss.
CITY OF AFJAHEI~1 )
~, Edith L. Harris, Secretary of the Anaheim City Flannir.g Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
tFe Anaheim City Planning Commission held on /lpril 6, 19;,1, by the foilo~~ifna vote of
the memters Ciiereof:
AYES: COMMIS~10"IERS: BAR~lES~ DCIIAS~ F~Y~ NEFBST~ f:l?If;~ TOLA°.
NOES: C0~1!~IISSIO~JERS: NOf~E
ABSE1lT: C0~1MISS IONERS: QUSHORF
i~l ;JITtlESS bltIERFOF, I harc hereunto set my hand thi, ~tn ciay af Aoril, 1~51,
,
~~:% ~. ~'' 7 .
SEC°.ET!1RY, A~!,~HF1~1 CITY PLA^;NIMr, Cr1~!N ~
tssin,a
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CHAIR~1.4i1~ ANAHE.I'1 CITY PLA~!!.!I~1G C~MMISSI^Pl
-~-° PC 51-(.]