PC 83-118RESOLUTZON NO. PC83-118
A RESOLUTION OF THE ANAHEIM CI;Y PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USG PERMIT NO. 7_457 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from CHONG SUN PAEK, P. O. Box 1051,
Downey, California 90240, owner, and DARYL REEVES, P. O. Box 1542, Placentia,
California 92670, agent of certain real property situated in the City of
Anaheim, County of Orange, State uf California, described as:
PARCEL 1, IN THE CITY O, '~NAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNZA, AS SHOWN ON .~ PARCEL MAP FILED ZN BOOK 118 PAGES
7 AND 8 OF PARCEL MAPS, IN iHE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on June 27, 1983, at 1:30 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 Pvidence for and against said proposed conditional use
pecmit 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 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 pcoposed use is properly one for which ~ conditional
use permit is authorized by Anaheim Municipal Code Section 16.44.050.300 to
wit: to permit a drive-through resta;::ant with waiver of the folluwing:
SECTZON 18.44.063.040 AND .050 - Minimum landscaoed setback.
(10 feet required from adjacent
residential zoning;
0-5 feet proposed)
2. That the requested waiver is hereby granted on the basis that
there are special circumstances applicable to the nroperty such as size,
shape, topography, location or surroundings, which do not apply to other
identically zoned properties in the vicinity; and that strict application of
the Zoning Code deprives the property of privile9es enjoyed by other
properties under identical zoning classification in the vicinity.
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.
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
ger,eral welfare of the Citizens of the City of Anaheim.
5. That the grant?ng of the Conditional Use Permit under the
conditions imposed, if any, will not be detri.mental to the peace, health,
safe*y and general welfare of the Citiz~ns of the City of Anaheiu~.
#0686I PC83-116
6. That the traffic generated by the proposed use will not impose
an undue burden upon the streets and highways designed and improved to carry
the traffic in the area.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in ooposition to the
subject petition.
ENVIKONMENmAL IMPACT EINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit a drive-through restaurant with
waiver of minimum landscaped setback on a reckangulacly-shaped parcel of land
consisting of approximately 0.6 acre, having a frontage of approximately 146
feet on the south side of Ball Road, and further described as 2780 kest Ball
Road; and does her~by approve the Negative Declaration from the requirement to
prepare an enviconmental impact report on the basis that there would be no
significant individual or cumulative adverse environmental impact due to the
approval of this Negative Declatation since the Anaheim Genecal Plan
designates the subject property for general commeccial 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
the Negative Declaration substantiating the foregoing findings is on file in
the City of Anaheim Plannin9 Department.
NOW, THEREFORE, BE ZT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon
the following conditions which are h~reby found to be a necessary prerequisite
to the proposed use of the subject property in order to preserve the safety
and genecal welfare of the Citizens of the City of Anaheim:
1. That prior to issuance of a building permit, the appropriate tcaffic
signal assessment fee shall be paid to the City of Anaheim in an
amount as determined by the City Council for new comme:cial buildings.
2. That trash storage areas shall be provided in accordance with
approved plans on file with the Street Maintenance and Sanitation
Division.
That subject property shall be developed sub,tantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit No. 1.
4. That prior to final building and zoning inspections, Condition Nos. 2
and 3, above-mentioned, shall be complied ~ith.
BE IT FURT~ER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of thi~ Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereiriabov~ set forth. Should any such conditions, or any part thereoE, be
declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any appcovals herein
contained, shall be deemed null and voi~.
_2_ PC83-118
THE FOP.EGOING RESOLUTION is signed and approved by me this 27th day
of July, 1983.
, , ~~~1 r
C R AN, ANANEIM CITY ANNING COMMISSION
ATTEST:
!o ~ ~ /~L~I~~-~.aa
SECRETARY~ ANAHEIM CITY PLANNING COMt4ISSi0N
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAifEIM )
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 June 27,
1483, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING~ LA CLAIRE
MC HURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISS:ONERS: NONE
IN WITNESS WHEREOF, I have heceunto set my hand this 27th day of
June, 1983.
~~, ,~° a .1,.;,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PCA3-118
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