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PC 85-101~ y _ . . . .... ..... .... .. _ ... ... ......... . . . ._ . .. .. . .. .. . . REuOLUTION N0. PC85-101 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMIS$ION THAT PETI2'ION FOR CONDITIONAL USE YERt4IT N0. 2677 BE GRANTED WFIEREAS, the Anaheim City Planning Commission did receive a verified Petition for. Conditional Use Permit from GERALD A. YOUNG, 330 East Dunton Avenue, Orance, California 92665, owner of certain real property situated in the City of A:~aheim, County oF Oranye, State of California, described as: Tfl~ SURFACE 500.00 FF.ET UF THE SUBSURFACE VERTICALLY IN D!~,'PTH BELOW THE SURFACE OP TN.E SOUTHERLY 195.00 FEET OF THE EASTERLY 165.00 EEET OF THE WESTERLY 660.00 FEET OF LOT 2, L3LOCK K OF THE KRAE~dER TRACT~ COUNTY OF ORANGE, STATE OF CALIFORNIA~ AS PER MAP RECORDED ZN BOOK 12, PAGSS 87 AND 88 OF I4ISCELLANEOUS RECORDS~ IN THE OFFICE 0~ THE COUNTY RECORDER OF LOS ANGELES COUNTY~ CALIFQRNIA. the Civic WCenter ~ inh the tCity aofl AnaheiR,l o~ ~ppaia 15,d 1985Ub at 1•30 ing at noti^e of ~aid public hearing having been dul P'm'~ accordance with the Y 9i~en as required by law and in provisions of the Anaheim Municipal Code, Chapter 18.03, to heac and cunsider evidence for and against said proposed conditiona.t use permit and to investigate and make findings and recommendations in connection therewith; and t1HEREAS, said Commission, aFtec due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports ofiered at said hearing, does find and determi:ie the following £acts: 1• That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Dtunicipal Code Section 18.61.050.390 to wit: to permit an enclosed restau:ant. with waiver of the following: SECTIONS 18.06.050.0233 - Minimum number of oarkina s aces. 1~.OG.UiiO (48 apaces required; 26 soaces proposed) AND 18.61.066.p50 - 2• That the above-mentioned waiver is hereby granted on the basis that the parkina variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses; ~nd that the granting of the parking variance under the conditions imposed, if any, will not be detrimental ~o the peace, health, safety or general welfare of the citizens of the City of Anaheim. 3• That the use shall be limited to a•fast food restaurant" as defined in the Anaheim Municipal Code as 'any establishment which is engaged in the business of preparing and surveying food where said food is customacily ordered by patrons while standing at a counter or window located inside the building, regardless of the manner in wnich said food is thereafter served or whethec it is consumed on the premises". 4• •Phat the YroPOSed 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. Y0500r PC85-101 ti %'1 :%~ 5. That the size and shape of the site prcposPd for the use is aaequate 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 r_he Citizens of the City of Anaheim. 6. That the granting of the Conditional Us~ Yermit under the conditions imposed, if any, will not be detcimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 7. That the traEfic generated by the proposed use wiil not impose an undue bur.en upon the streets and highways designed and improved to carry the traffic in the area. b. 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 IFIPACT FItJDING: That the Anaheim City Planning Commission has reviewed the proposal to permit an encl~sed restaurant with waiver of the minimum number of parking spaces on a rectangularly-shaped parcel of land consisting of approximately 0.41 acre locatt•d at the northwest corner of Miraloma Avenue and Miller Street, znd further descr.ibed as 3371 East Miraloma; and does hereby approve the t~egative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process and further finding on l:he basis of the initial study and any comments received that there is no substantial evidence that the project will have a siynificant effect on the eavironment. NOW, THEREF'URE, BE I2~ RESOLVED that the Anaheim City Planning Commission does hereby grant subject Pekition 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 order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That prior to issuance of a building permit, the appropriate tsaffic signal assessment fee shall be paid to the City of An~heim in an amount as determin~] by t~e City Council Lc: new commE:cial buildings. 2. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns as required by the Cil•y Ttaffic Engineer. 3. :hat drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 4. That subject property shall be served by underground ~tilities. 5. That prior to commencement of structural framing, fire hydrants shall be instalied and charged as required and determined to be necessazy by the Chief of the Fire Department. -Z PC85-101 ;';:i 6• That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Ma:ntenance and Sanitation Division, ln addition, the trash storage area indicated on Exhibit No. 1 shall be relocated to an accessible location, which locatiun shall not be within a required landscaped setback area and shall be approved by the Street Maintenanca and Sanitation Livision. 7• That no alcoholic beverages including t~eer and wine sha11 be sold or consumed on the restaurant premises, unless a conditional u~e permit allowing said uses is approved by the Planning Commission or City Council. &• That all air conditioning Pacilities and other roof and ground mounted equipment shall be properly shielded from view. 9. That all underground fuel storage tanks shall be r.emoved or otherwise rendeced safe to the satisfaction of the City Fire Chief. 10. That the proposal shall comply with all si.gning requir?ments of the ML Zone, unless a variance allowing sign a~aivers is approved by the Planning Commission or City Council. 11. That the ownec of subiect property shall submir_ a letter requesting termination oL- Variance No. 1669 to the Planning Department. 12. That subject property shail be developed substantially in accord~nce with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2, provided, however, tl~at the tr.ash enclosure shall be relocated as specified in Condition No. 6, above. 13. That prior to issuance of a buiiding permit, or within a peric~d of one yEar fr~m the date of this resolution, whichever occurs Eirst, Condition Nos. I, 9 and 11, above-mentioned, shall 6e complied with. Extensions for Eurthec time to complete said conditions mav ~e 9ranted in accordance v;it`; ~~~~ion Ib,U3,uyU of the Anaheim Munic.ipal Code. 14. That prioc to final building and zoning inspections, Condition Nos. 2. j~ 4, 6, 8 and 12, above-mentioned, shall be complied with. 15. That the restaurant use of subject property shall be limited to a "Fast Pood Restauzant" defined in the Anaheim Municipal Code as follows: •Any establishment which is engaged in the business of preparing and surveying food where said Eood is customarily ordered bY patrons while sta~ding at a counter or window located inside the building, regardless of. the manner in which said food is thereafter served or whether it is consumed on the premises". BE IT FURTHER RESOLVED that the Anaheim City Plenning Coma~,ission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditio~s hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein .:ontained, shall be deemed null anc? void. -3- PC85-101 " - ' ~ .. . . '. :1~~ ~~'~~~. THE FOREGOING RESOLUTION is signed and approved b of Aprii, lgg5, y me t}iis 15th day ~ - l- <' '' ~ .~' -:~ " ;~.~,,., Cf(AIRMAN~ ANAHEIM ITY PLANNING COMMISSION ATTF.ST: SECRETARY~ ANAHEIM CITY YLA ING COMMISSION STAT$ OF CALIFURNIA ) COUNTY OF ORANGE ) ss, CITY OF ANAHEIM ) I. EdiL•h L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was adopted at a meeting of the Anahei;,~ City planning Commission held on April 15, 1985, by the following vote of the members thereof: P~SSed and AYES: COMI92SSIONERS: BOUAS, BUSHORL•', FRY, :IERBST, KING, MC BURNEy NOES: COMDIISSIONERS: [vONE ABSENT: COMMISSIONERS: LA CLATRE IN WITNESS WHEREOF, I have hereunto set April, 1985, my hand this 15th day of 1,~.~0/T1 ,~~ww~. SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -4- c.;a<..,._.. ,,:.... .._. PC85-1C1 's i.