PC 82-227~
RESOLUTION NO. PC82-227
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION POR CONDITIONAL USE PERMIT NO. 2399 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from MAGNOLIA PLAZA, 13542 Newport Avenue,
Tustin, California 92680, owner, and RAY GODWIN, 560 West First Street,
Tustin, California 92680, agent of certain real proper.ty situated in the City
of Anaheim, County of Orange, State ot California, described as:
THAT CERTAIN REAL PROPERTY LOC:ATi;D IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
TFiE EASTERLY 161 FEET OF THE WESTERLY 214 FEET OF THE
SOUTHERLY 166 FEET OF THE NORTHERLY 366 FEET OF THE
NORTHWEST QUARTER OF SECTION 7, T.4 S. - R.10 W., IN THE
RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN HOOK 51
PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFZCE OF THE COUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public heariny at
the City Aall in the City of Anaheim on December 13, 1582, at ]_:30 p.m.,
notice of said public hearing 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 against said proposed conditional use
permit and to investigate and make findings end recomatendations in connection
therewith; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all
evidence and reports offered at said hearing, does find and determine the
following facts:
1. That the proposed use is properly one for which a conditional
use permit is authorized by Anaheim Municigal Code Section 18.44.050.300 to
wit: to permit a drive-through doughnut shop with waiver of the following:
SECTION 18.06.090.030 - Minimum length of drive-throuah lane
(140 feet required between start of said
lane and the service window; 125 feet
pro,posed )
2. That the proposed use is granted subject to the petitioner's
stipul.ations at the punlic hearing that sale of products on the premises shall
be limited to daughnute, cookies, pastries and other similar and related
products and that the traffic circulation pattern shall be worked out to the
satisfaction of the City Traffic Engineer.
3. 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.
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4. That the size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a manner not
detrimental to the particular area nor to the peace, health, safety and
general welfare of the Citizens of the City of Anaheim.
5. That the granting of the Conditional Use Permit under the
conditions imposed, if any, will not be detrimental to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim.
6. That the traffic generated by the proposed use will not impose
an undue burden upon the atreets and highways designed and improved to carry
the traffic in the area.
7• That no one indicated their presence at said public hearing in
opposil:ion; and that no correspondenr_e was received in opposition to the
subject petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commisaion has reviewed the proposal to establish a drive-through doughnut
shop with waiver of minimum length of drive-through lane on a
rectangularly-shaped parcel of land consistina of approximately 0.6 acre
having a frontage of approximately 166 feet on the east side of Magnolia
Avenue, having a maximum depth of approximately 161 feet and being Iocated
approximately 200 feet south of the centerline of La Palma Avenue; and does
hereby approve the Negative Declaration from the requirement to prepare an
environmental impact report on the basis that there would be no significant
individual or cumulative adverse environmental impact due to the approval of
this Negative Declaration since the Anaheim General Plan designates the
subject property for general commercial land uses commensurate with the
proposal; that no sensitive environmental impacts are involved in the
proposal; that the Initial Study submitted by the petitioner indicates no
significant individual or cumulative adverse environmental impacts; and that
ttte Neqative Declaration substantiating the foregoing findings is on file in
the City of Anahe.Lm Planning Department.
NOW, THEREFORE, SE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon
the following conditions which are hereby found to be a necessary prerequisite
to the proposed use of the subject property in or3er to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
1• That trash storage areas shall be provided in accordance with
approved plans on file in the Office of the Director of Maintenance.
2. That subject property shall be serve~ by underqround utilities.
3. That dra~nage of subject property shall be disposed of in a mannQr
satisfactory to the City Engineer.
4. That t~e owner(s) of subject property shall pay the traffic signal
assessment fee (Orciinance tdo. 38961, in an amount as determined by
the City Council, for commercial buildings prior to the issuance of a
building permit.
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5• That all access driveways shall have 10 feet radius returns at the
street intersection.
6• That the on-site traffic circulation pattern including ciriveway
intersection(s) with Magnolia Avenue shall be designed and
constructed as required by the City Traffic Eng~neer.
7• That a perpetual easement agreement with the owner of the property of
the east, providing for circulation of trash trucks from one parce~
to tl;e other, shall be submitt~d to the City Attorney's Office ~ox
review and approval; then be filed and recorded in the Office of the
Orange County Recorder.
8• That the owner(s) of subject property shall submit a letter
requesting termination of Variance No. 791 to the Planning
Department.
9• That the existinq structure shall be brought ug to the minimum
standards of the City of Anaheim, including the Uniform Building,
Plumbing, Electrical, Mechanical and Fire Codes as adopted by the
City of Anaheim.
10. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 throuqh 3, provided, however, that the
driveway intersection(s) with Magnolia Avenue shall be located and
constructed as required by the City Traffic Engineer.
11. That Condition Nos. 7 and 8, above-mentioned, shall be complied with
prior to the commencement of the activity authorized under this
resolution, or prior to the time that the building permit is issued,
or within a period of one fear from date hereof, whichever occurs
first, or such rurther time as the Planning Commissian may grant.
12• That Condition Nos. 1, 2, 3, 5, 6, 9 and 10, above-mentioned, shall
be complied with prior to final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Should any such conditions, or any pait thereof, be
declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, thsn this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 13th day
of December, 1982.
C A. , ANFIHETM CI NNING COFII~IISSION
ATTEST:
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SECRE9'ARY PRO TEMPORE
ANAHEIM CITY pl,pDiN=NG COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pamela Starnes, 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 December
13, 1982, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRt, H~RBST, KING, LA CLAIRE
MC BURNF.Y
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of
December, 1982.
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SECRETARY PFO TEMPORE
ANAHEIM CITY PLANNING COMMISSION
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