PC 83-4~
~i: ~
~
.rj
f;x i
'-9
RESOLUTION NO. PC83-4
A RESOLUTION OF THE ANAHEIM C.TTY PLANNING COMMISSION
THnT P~TITION FOR CONDITIONAL USE PERMIT NO. 2393 BE G1tANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from ROBERT L. & ETHEL L. WETZLER, 31722
Paseo Terranza, San Juan Capistrano, California 92675, owners, and DAVE CAI2LSON,
P, p, Box 819, Anaheim, California 92805, agent of certain real property
situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 1: THAT PORTION OF THE NORTH 178.00 FEET OF THE
WEST 217.00 FEET OF THE NORTHWEST QUARTER OF SECTION 24,
TOWNSHIP 4 SOUTH, RAN~E 11 FI~ST, IN THE RANCHO LOS COYOTES,
AS SHOWN ON A MAi' RECORDED IN BOOK 51~ PAGE 11 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CAI,IFORNIA,
DESCRIHED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID
SECTION 24 WITH THE EASTERLY LINE Or SAID WES'P 217.00 FEET
OF SAID SECTION; THENCE SOUTH 0' 10' 15" WEST ALONG SAID
EASTERI,Y LINE, 178.00 I'EET TO THE SOUTHERLY LINE OF SAID
NORTH 178.00 FEET OF SAID SECTION; THENCE SOUTH 89° 59' 15"
iNES'i• ALGNG ~AID SOUTHRRLY LINE, 125.00 FEET TO THE EASTERLY
LINE OF THE WESTERLY 92.Q0 FEET OF SAID SECTION, LAST
MENTIONED EASTERLY LINE BEING THE WESTERLY RIGHT OF WA1
LINE OF BEACH SOULEVARD; THENCE NORTH 0° 10' 15" EASY ALONG
SAID LAST MENTIONED EASTERLY RIGHT OF WAY LINE 128.00 FEET
TO THE MOST SOUTHERLY CORNER OF PARCEL 2 OF THE DEED TO THE
STATE OF CALIFORNIA RECORDED APRIL 24, 1951 IN HOOK 2180
PAGE 241 OF OFFICIAL RECORDS; THENCE NORTH 45° 12' S5" EAST
ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2 OF TH~ DEED
TO THE STATE OF CALIFORNIA 28.40 FEET TO ANGLE POINT
TEIEREIN; THENCE NORTH 0° 00' 45" WEST PARALLEL WITH THE
EAS'P LINE OF SAID SECTION, 30.00 FEET TO SAID NORTHERLY
LINE OF SAID SECTION; THENCE NORTH 89° 59' 15" EAST 105.00
FEET P.I,ONG SAID NORTHERLY LINE TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at
the City Hall in the City of Anaheim on December 13, 1982, 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 con~ider evidence for and against said proposed conditional use
permit and to investigate and make findings and reaommendations in connection
therewith; said public hearing having been continued to the Planning
Commissioa meeting of January 10, 1983; and
04147 PC83-4
,~
~
47HF,REAS, 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
follo~ving facts:
1. That the proposed use is properly one for which a conditional
use permit is authorized by Anaheim M~inicipal Code Section 18.44.050.300 &
18.46.050.270 to wit: t.o permit a drive-through restaurant with waivers of the
following:
(a) SECTION 18.06.060.0233, - Minimum number of parking spaces
18.44.066.050 & (28 spaces required; 21 spaces
18.46.066.050 proposed)
(b) SECTION 18.06.090.020 - Minimum length of drive-through lane
(60 and 100 feet required; 112 and 57
feet proposed)
2. That the above-mentioned waivers are hereby granted on the basis
that subject property is located adjacent to a shopping center and there will
be minimal parking inpact on the surrounding area; and on the ~asis that
denial would deprive subject property of privileges enjoyed by other
properties in the same zone and vicinity.
3. That the proposed use will not adversely affect the adjoining
land uses and the growth and development of the area iii 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
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 streets and highways designed and improved to carry
the t.raffic in the area.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the
subject petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit a drive-through restaurant with
waivers of minimum number of parking spaces and minir.ium length of a
drive-through lane on a rectangularly-shaped parcel of land consisting of
approximately 0.36 acre, located at the southeast corner of Hall Road and
Beach Boulevard; and does hereby approve the Negative Declaration from the
requirement to prepare an environmental impact report on the ba~is that there
would be no significant individual or cumulative adverse environmental impact
_2_ PC83-4
...... ....~....- .
~ ~.I
~•~ ~`
due to the approval of ~his Neqative Declaration since the Anaheim General
Plan designates the subject proper.ty for general commercial land nses
commensurates with the proposal; that no sensitive environmentnl impacts are
involved in the proposal; that the Initial St»dy submitted by the petitioner
3.ndicates no significant individual or cu~~iulative adverse environmental
impacts; and that the Negative Declaration substantiating the foregoing
findings is on file in the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOL~7ED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon
the f~'•.1ow:ing conditions which are hereby found to be a necessary prerequisite
to the proposed use of the subject property in order to preserve the safety
and qeneral welfare of the Citizens of the City of Anaheim:
1. That trash storage areas sha:l be provided in accordance with
aPproved plans on file with the Office of the Executive Di.rector ~f
Public S9orks.
2. ~at a parpetual easement agreement with the owner of the property of
the east and south, providing for ,;irculation of trash trucks from
one parael to the other, shall be submitted to tt- City Attorney's
Office for review and approval; and, then be filed and recorded in
the Office of the Orange County Recorder.
3, That the ovmer(s) of subject property shall pay the traffic signal
assessmen± fee (Ordinance No. 3896), in an amount as determined by
the City Council, for commercial buildings prior to the issuance of a
building permit.
4. That the existing driveway shall be removed and replaced with a
standard curb, gutter and sidewalk.
5. T1~at stree~ lighting Pacilities along Beach Boulevard and Ball Road
shall be installed as required by the Office of Utilities General
Manager, and in accordance with specifications on file in the Office
af the office of Utilities ~eneral Manager and/or that security in
the form of a bond, certificate of deposit, letter of credit or cash,
in an amount and form satisfactory to the City of Anaheim shall be
posted with the City to quarantee the satisfactory installation of
the above-mentioned impruvemenz.. Said security shall be posted with
the City prior to approval of building permits. The above-required
improvements shall be tnstalled prior to occupancy.
6. That subject property shall be developed substantially in accordance
with plans and specifications on f.ile with the City of Anaheim
Marked Revision No. 1 of Exhibit Nos. 1 through 3.
7, That Condition Nos. 2 and 5, above-mentioned, shall be complied with
prior to the commencement of the activity authorized under this
resolution, or pxior to the time that the building F,,.:rmit 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.
-3- PC33-4
._...._.,,m,
a... ::. . . ..,u~r~~~,.:,~....,. ..,~,,,...,...~......;,,_ .....,... .... .. ... ...........
-'~
~
8• That Condition Nos. 1, 4 and 6, above-mentioned, shall be complied
~,~ith pri~r to final building and zoning inspections.
HE IT FURTHER REgOLVED that the Anaheim Cicy Planning Commission
does hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with
he~einabove set forth. S}iould an each and all of the conditions
declared invalid or 3' such conditions, or any part thereof, be
unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall ba deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this lOth day
of January, 1983.
CE~~~ pNp~EIM CITY p~ Nr COMMISSION
ATTEST:
~~ ~ !`~-Zw;~
Snc.x~rARY, ANAHEIM C2TY PLANNING COi~AtISSiON
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss.
CITY OF AN,~FIEIM )
2. 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 .7anuary
10, 1983, by the following vote of the members thereof:
AYES: COMIyISGjONERS: BOUAS~ BUSHORE~ FRY FiE m
MC BURNEY ' ~S-, KING, Z~ CLAIRE
NOES: COMMISSIONERS: NONE
RBSENT: COMMIgg=ONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this lOth day of
January, 1983.
,o o-~ ,z~ ~..
SECRc,~TAgy~ ANAHEIM CITY pI,pNN=NG COMMISSION
-4- PC83-4
~
~~~ ...,., ._ ,. _ , ,.. . , . . ~