PC 84-217.~.~
Ri:SOLUTION N0. PC84-217
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A RESOLU'rION OH THE ANAEiGIM CI'i'Y YLANN7:NG COMM'lS5IUN
THAT PET:[TION FOR CONDI'PIONAL USE PERMIT NC. 2629 B~ GRANTED, It~ PART
WHEREAS, the Anaheirn City Planning Commissi~n did recelve a verified
petition for Conditional Use Permit from ANAEiGIM GEN}:;RAL, LTD., 22632 East
Golden Spring~ Drive, #300, Diamonci Bar, Cali.foxnia 91765, ATTN: J. C. TAMBE,
owner, and PIAUGLES RES'1'AURANm, INC., 2932 Eas',: Nutwood, P. 0. Box 4~25,
Fullerton, California 92634, AZ~TN: AfITCH HAASG, agEnt for certain real
property situated in the City c~£ Anaheim, County oF Orange, State of
CaliEornia, d~scribed as:
THE SOUTHERLY 130 ~'EE'i' OF THE WES'rERLY 175 F'EET OE LOT 24, TRACT
NO. 3372, IN THE CITY OF ANAHEIM, CUUNTY Of' ORANGE, STAT~ OF
CALIFORNIA, AS PER M;~d RRCORDED IN BOOK 126, PAGES 18 RNA 19~
MISCELLANEOUS Mt~PS, IN THE pFFI~E OF THE COUNTX RECORD'ER OF SAID
COUNTY. SAID LAND IS ALSO SHOWN AS PARCEL 2 ON A MAP f<ECO.RLED
IN BOOK 1$, PAGE 24 Or PARCEL MAYS, R~:CORDS OF SAID COUNTY.
WHEREAS, the City Planning Comrri.ssion did hold a public hearing at
the Civic Center in the City of Anaheim on ~ctubPr 29, 1y84, at 1:30 p.m.,
natice 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 condition~l use
per.nnit and to investigate ar-d make find~ngs and recommendations in connection
thecewith; and
WFiEREAS, said Commission, after due in~pection, investigation and
study made by itself and in its behalf, and afker due consideration of a11
evidence and reports offered at said hearing, do~es £ind and determine lhe
fullowing fact~:
1. That the pruposed utie is properly c~ne for which a condittonal
use permft is authorizad by Anaheim Municipal Code Secttons I8.06.080 and
1~.44.050.300 to wit: t~ permit tk~e addition o~ a drive-through lane to an
exfsting semi-enclosed Xestaurant with waivers of the followirg:
(a) SECTIONS 18.06.050.0233 - Minimum number of narking spaces.
AND lA.~}4.066.050 (37 s aces reauir~d; 32 spaces pro~osed)
ib) SECTIONS 18.06.070.020 - M.inimum lenctth QE drivt-throuqh lane.
AND 18.44.066
2. ~Phat the requested w~iver (b) is hereby denied on the bttais that
the petftioner submitted revised pl.ans deleting said waivet.
3. That the requesked waiver (a? is t;ereby granted on the ba~sis
that the parking variance wi11 not cause an increase in traffic congestion in
the immedfate vicinity nor adversely afFect any adjdining Iand uses; ancf that
the ,yranting of the parking variance under the conditions imposed, if any, will
not be ciEtrimQntal to the peae~, he~alth, safety nr ,yeneral welface oF tine
citizens of the Cily of Anaheim.
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~. 'rhat the pro~osed us,, as granted, iJll~. not adver.sely a.ffect the
ac~joining larid uses and the gr.owth and development of the area in which it is
pr~p~sed to be located.
5. Z'hat the size and shape of the site proposed for tt» t~se, a~
granted, is adequate to allow the ~u11 development oE the ~.~raposPd use in a
manner not detrim~nt~l tu the particular area nor to the peacF, health, safety
an~ general welfare of the Citizens of tl~e City ot Anaheim.
6. That the granting ut the Conditional Us~ I~ermit uti~der l-he
condirions imposed, if any, will not be detrimental to L•he peace, hEalth,
safe~y and general wel~ace of ~he Citizens of the City af Anaheim~
%. That the traffic: generated by the .prop~sed u.e, a~ gran~ed, will
riot i,mpose an undue burden upon the str.eets and. highways designed and improved
to carry the traffic in the area.
8. That no one indicaked their presence at sai.d public hearing in
uppositian; and that no corrESpondence was received in opposition to the
subjeci: petition.
~,NVIRONr1ENTAL IMPACT FINDING: That the Anaheim City Pl~nning
Commi~r~ion has revi.awed the praposal to pern-it the addition of a drive-thr~ugh
l~na to an existing semi-enclosed restaurant with waivers uf minimum number of
parking spaces and minimum lenyth of drive-througt~ lane on a
rectangularly-:sha~er~ parcel of land consisting ot approximately 0.52 acre
tiaving a frontaye of approximakely 1'30 feet on the east side of. Euclid Street,
ancl £urther describe~ as 820 North Euclid Street; and does hereby approve the
Negative Declaration upon fihding that it has considered the ~Iegative
Aeclarati.on together wi.th a7y commenrs received during the public review
process and L-urther firtdin~ on the baais of the initial study and any comments
rec~ived thaL- there is no substanl-ial evidence that the project will have a
significant effect on tt~e environment.
NOW, THEKEFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subj~ct Petition for Conditional Use Permit, upon
the following conditions which are liereby found to be a necessary prerequisite
to the prop~sed u~e of the subject property in order to preserve klze safe~y and
general wPlfare of the Citiaena of the City of Anaheim:
1. That all driveways sha11 be redesigned to accommodate ten (1~) foot
radiuG curb retucns as reguired by ~he City 'craffic Engineer.
2. That prior to issuance of a building permit, primary r~ater main Fees
shall be paid to the City of Anaheim, in an amount as determined by
the Office of the Utilities GAneral Manager.
3. That teash storage areas shall be pravided and maintained in
accordance with approved plans ~n file with the Street M~intenance
and SaniL•atian Division.
4. That all a~r conditioning facilities sha11 be properly shielde@ from
view.
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5. 2'ha~ t•he pcopo~al shall comply wi~h all signing requi.rements of the
CL Zone, unless a variance allowing siyn waive.rs is approved by the
P'lanning Commiss.i.un or Ctty Council.
6, That subject property shall be devel~ped substantia].ly in accordanc~
with plans and specifications on file with the City oE Anaheim marked
Exhibit Nos. 1 through 3, including 3? parking spacPS.
7. That prior to issuance of a buiJ.dinc~ perrnit, or within a period of
une year from l•~~e date of this r.esc>luY,ion, wh.ichever occurs first,
Conditiori No. 2, above-mentioned, st~all be complied with. Extension:
f~r further time to complete said conditions may be granred in
accorciance with Sectiun 18.03e090 of t.he Anaheim Municipal Code.
8. That prior to the commencement of thc~ activity aui:horized under this
resolutLon, or fi.nal building and z~n.ing inspecti.c,ns whic:hever occurs
f.irst, Condikicn Nos. 1, 3, 4 anc~ 6, ahove-•mentioned, shall be
complied with.
BE I'P FURTHER RESOLVED that the Anaheim City Planning CommfsRion does
hereby find and determine that adoption of this Resolution is expressly
pr~edicated upon applicant's complianc~ with eacE~ and all of the conditions
hereinabove set forth. Should any such conditions, or any part thprea£, be
dea~ared invaiid or unen~~rceable by the final judgment uf any court of
competent jurisdiction, then this Resolution, ana any approvals herein
c~ntained, shall be deemed nii11 and void.
THE E'UREGOING RESOLUTION is ~igned and appcoved by me thi~s_29th day
of October 19a~. ~~ - ~
CHAIRWOMAN, PRO T P RE
ANAHF.IM CITX PI,ANNING COMMISSION
ATTFaT;
SECRBTARY, ANAHr,IM CITY PLANNING COMMISSION
SZ'A'PC OF CALIFORNIA )
COI7NTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify tbat the foregoing resoluti~n was passed and
adopted at a meeting of the Anaheim City Planning ~ommi.ssion h~ld on October
29, 1984, by the followi»g vote of the members thereof:
AYES: COMMISSIONER~: BOUAS, 13USHORE, F12Y, KSNG, LA CLAIRC
NOES: CUMMISuIOIJERS: NUNE
ABSENT; COMM~SSTONJ:RS: HERB~T, MC HURNEY
IN WITNESS WHEREOF, I have hereunto sek my hand this 29th day of
Qctober 29, 1984~
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SECRETARY, ANAHEIM CITY PLANNING COMMISStON
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PC84-217
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