PC 83-13r ,
RESOLUTION NO. PC83-13
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT P~TITION FOR CONDITIONAL USE PERMIT NO. 2408 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning ~ommission did receive a verified
Petition for Conditional Use Permit fror,: ANTHANASIOS NICK AND EFFIE A.
FOSKARIS, 112 Calle Diaa, Anaheim, California 92807, o.mer of certain real
property situated in the City of Anaheim, County of Orange, State of
California, descrihed as:
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE~ AND IS DESCRIBEU AS FOLLOWS:
THAT PORTION OF LOT 14 IN HLOCK 36 OF YORHA LINDA TRACT, AS
PER MAP RECORDED IN BOOK 5 PAGES 17 AND 18 OF
MISCELLANEOUS MAPS, IN THE OFFlCE OF THE COUNTY RECCi2DER OP
SAID COUNTY, DESCRIBED AS FOLLOWS:
HEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 14; THENCE
NORTHERLY 180.00 FEET ALONG THE EASTERLY LIN~ OF SAID LOT;
THENCE WESTERLY 340.00 FEET PARALLEL WITH THE SOUTHERLY
LIN~ OF SAID LOT; THENCE SOUTHERLY 180.00 FEET TO THE
SOUTHERLY LINE OF SAID LOT; THENCE EASTERLY 340.00 FEET i0
THE POINT OF BEGINNING.
EXCEPT THE EASTERLY 145.00 FEET, MEASURED ALONG THE
SOUTHERLY LINE THEREOF.
HEGINNING AT THE SOUTHEAST CORNER OF LOT 14 IN BLOCK 36 OF
YORHA LINDA TRACT, IN THE COUNTY OF OP.ANGE, STATE OF
CALIFOR212Fa, AS SFIGidId ON A MAP THERi,OF RECORDED IN BOOK 5,
PAGES 17 AND 18 OF MISCELLANEOUS MAPS, IN TH~ OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; THENCE NORTHERLY 180 FEET
ALONG THE EASTERLY LINE OF SAID LOT; THENCE WESTERL•Y 145
FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT; THENCE
SOUTHERLY PARALLEL~ TO EASTERLY LINE, 180 FEET TO THE
SOUTHERLY LINE OF SAID LOT; TFiENCE EASTERLY 145 FEET TO THE
POINT OF BEC=NNING.
WHEREAS, the City Planning Commission did hold a public hearing at the
City Hall in the City oE Anaheim on January 10, 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 MunicApal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed conditional use
permit 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 sa~d hear.ing, does find and deterutine the following
facts:
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1. That the proposed use is proper.ly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.03.030.010 &
18.61.050.611 to wit: to permit an industrial/commercial office building and a
drive-through restaurant in the t~II,(SC) (Industrial, Limited, Scenic Corridor
Overlay) zone witli waiver of:
SECTION 18.06.090.030 - Minimum length of drive-through lane
y.; 2• That the requested waiver is hereby denied n the basis that
~-- subsequent to the pub].ic advertisement
„~;~' , it was determined that the waiver was
M.~ not required.
s, ~,
~;'~ 3. That tlie proposed use, as granted, will not adversely affect the
1'u 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, as granted,
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 qenerated by the groposed 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 oppositioT ,:o che
subject petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission
has reviewed the proposal to permit an industrial/commercial office building
and a drive-through restaurant in the ML(SC) (Industrial, Limited Scenic
Corridor Overlay) zone on a rectangularly-shaped parcel of land consisting of
approximately 0.84 acre located at the northwest corner of La Palma Avenue and
Lakeview Avenue; and does hereby apgrove 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 industrial land uses
commensurate with the proposal; that no sensi~ive environmental impacts are
invalved in the proposal; that the Initial Study submitted by the petitioner
indicates no significant individua7. or cr~iulative adverse environmental
impacts; and that the Negative Declaration substantiating the foregoing
findings is on file in the City of Anaheim Planning Department.
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NOW, THEREFORE, HE IT RESOLVED that the Anaheim C.tty Planning Commission
does hereby qrant subject Petition for Conditional Use Permit, upon the
following conditions which are hereby found to be a nece~sary prerequisite to
the proposed use of the subject property in order to prerequisite to the
proposed use of the subject property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. That the owner(s; of subject property shall deed to the City of
Anaheim a strip of land 53 feet in width from the centerline of the
street along Lakeview Avenue and 53 feet in width from the centerline
of the street along La Palma Avenue for street widening purposes.
2• That all engineering requirements of the City of Anaheam, along
Lakeview Avenue and La Palma Avenue ~ncluding preparation of
improvement plans and installat•ion of all im~rcvements such as curbs
and gutters, sidewalks, street grading and paving, drainage
facilities, or other appurtenant work shail be complied with as
reauired by the City Engineer and ia accordance with specif'ications
on file in the Office of the City Engineer; that street lighting
facilities along Lakeview Avenue and La Palma Avenue shall be
installed as required by the Office of Utilities General Manager, and
in accordance with specifications on file in the Office of the Office
of Utilities General Manager and/or that security in the form of a
bond, certificate of deposit, 2etter of credit or cash, in an amount
and fcrm satisfactory to the City of Anaheim shal:. be posted with the
City to guarantee the satisfactory installation of the
above-mentioned improvements. Said security shall be posted with the
City prior to approval of building permits. The above-required
improvements shall be installed prior to occupancy.
3. That trash storage areas shall be provided in accordance with
approved plans on file with the Offir~ ~f the Executi•re Director of
Public Works.
4. That fire hydrants shall be installed and charged as required and
determtned to be necessary by the Chief of the Fire Department prior
to commencement of structural f.raming.
5. That subject property shall be served by underground utilities.
6. That drainage of sub;ject property shall be disposed of in a manner
satisfactory to the Ci;:y Engineer.
7. That the owner(s) of subject property shall pay appropriate drainage
assessment fees to the City of Anaheim ae determined by the City
Engineer prior to issuance of a building permit.
8. That thP owr:er(s) of subject property ~hall pay the txaffic signal
assessment fee (Ordinance No. 3896), in an amount as detexmined by
the City Council, for commercial buildings prior to the issuance of a
buildlnq permit.
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9• That appropriate watar assessment fees as detPrmined by the Office of
Utilities General Manager shall be paid to the City of Anaheim prior
to the issuance of a building permit.
10. That a 200-foot long median island shall be installed in Lakeview
Avenue adjacent to subject ppoperty and also that a 350-foot long
median sha11 be installed in La Palma Ave~ue to preclude left-turn
ingress and egress to the property in accordance with a
recommendation of the City Traffic ~ngineer and the Redevelopment
Commission.
11. That this Conditional Use Permit is granted subject to the completion
of Reclassification No. 70-71-47, now pending.
12. That approval of this conditional use permit is subject to completion
of annexation of subject property to the City of Anaheim.
13. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 through 5.
14. That Condition Nos. 2, 11 and 12, above-mentioned, shall be complied
with prior to the commencemen~ of the activity authorized under this
resolution, or prior to the time that the building permit is issued,
or within a period of one year from date hereof, whichever occurs
first, or such further time as the Planning Commission may grant.
15. That Condition Nos. 3, 5, 6, 10 and 13, above-mentio:~ed, shall be
complied with prior i_~> 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
pre3icated upon applicant's compliance with each an8 all of the conditions
hereinabove set £orth. Should any such condition, or any part thereof, be
declared invalid cr unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FORFGOING RESOLUTION is signed and approved by me this lOtli day of
January, 1983.
C N, ANAHEIM C TY NG COMMISSION
ATTEST•
--~~ ~ ~,~:,
SECRETARY, ANAREIM CITY PLANNING COMMISSION
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PC83-13
I,"S~.'! ,/', ~-,,
STATE OF CALIFORIvIA )
COUNTY OL' ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify thac the for.egoir.; resolution was passed and adopted at a
meeting oE the Anaheim City Planninq Commission held on January 10, 1983, by
the followi.ng vote of the members there of:
AYES: COMMISSIONERS: BOUAS, HERAST, KING, MC HURNEY
NOES: COMMISSIONERS: BUSHORE, FF2Y, LA CLAIRE
ABSENT: COMMISSIONERS: NONE
IN S9ITNESS iJHEREOF, I have liereunto set [ny hand this lOth day of January,
1983.
`~~.~, ,~ ~-~~_ . ~
SECRETARY, ANAfIE2M CITY PLANNING COMMISSION
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