PC 85-113;.:~1
RESOLOTION NU. PC85-713
A RESOLUTION OF THE ANAHEIFf CITY PLANNING CUP]MISSION
THAT PETSTiUN FOR CONDITIONAL USE PERI9IT NO. 2684 BE GRANTED
t9HEREAS, the Anaheim City Planning Commission did receive a
Petztion for Conditional Use Permit from BERNARD PgRLIN
Los Angeles verified
r California 50049, owner, and DON GALIIRAITH~ c/o~ TACO tBELL Drive,
East 17th Street, Santa Ana~ ~alifornia 92701, agent for certain real
situated in the Cit ~ 1950
described as: y of Anaheim, County of Urange, State pg Pr°pe[ty
Califor.nia,
THE SOUTH I75 FEF.T OF THE WEST 175 FEET OF THE SOUTHWEST
4U1RTEk OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
S~:CTION 14~ TOWNSHiP 4 SOUTH~ RANGE 11 WEST, IN THE RANCHO
LOS COYOTES, AS PER MAP RECORDED IN BOOK 51, PAGE 7 ET SEQ,~
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY kECORDER
OF' SAID COUNTY.
WHEREAS, the City planning Comniission did hold a public hearin
the Civic Center in the City of Anaheim on April 29, 1985
notice of said 9 at
accordance with the2c hearing having been r~u.1• ~ at 1:3p p,m~~
provisions ut the Anahe m Munici alrequired by law and in
to hear and consider evidence for and aaainst said P Code, Chapter 18.03,
permit and to investigate and make findings and reco mendations~inlconnection
_herewith; and
WHEREAS, said Commission, aftec due inspection, investigation and
study made by itself and in its behalf, and aEter due consideration of all
evidence and reports offered at said hearing, does find and determ.ine the
following facts;
1• That the proposed use is properly one for which a conditional
use permit is authorized ~y Anaheim Municipal Code Section ;8,~~,p5q,3G0 to
wit; to expand a drive-c~_ou5h resCaurant with waivers of the following;
a) SECTIONS 18.44.063.010 - Minimum landscaped setSack,
AND 18.49.064.010 (3 and .10 feet required adjacent to Dall
Road; 0 an_ d_ 3 fe=t Proposed).
~~) SECTIONS .18.06.050.0233, - Minimum number of arkin s aces.
18.06.080. (32 sp~a~es required; 20 spaces
AND 18.49.066.050 -~_ Proposed)
2.
That the requested
that there are special circamstan
waiver
~a~ 1S hereby granted on
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shape, topography, location and es a
he Pr~Perty such
e e basis :
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identically zoned
pLOperty in th surroundings
hich
do not a
pply as size,
to ;
e
of the Zonin
9 Code deprives the
r other
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'
p
opecties in the identir,al zone an y of
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PC85-113 '
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;. That the requested waivec (b) is hereby granted on the basis
that the packing waiver wi11 not cause an increase in traffic congestion in
the immediate vicinity noc adversely affect any adjoining land uses and
granting of the parking waiver under the conditions imposed, if any, will not
be detrimental L-o the peace, health, saLety and general welface of the
citizens of the City of Anaheim.
4. That the proposed use wi11 not adversely affect the adjoining
land uses and the growth and deve'Lopment of the area in which it is proposed
to be located.
5. That the size and shape of the site proposed for the use is
adequate to allow the Lull development of the prope~ed use in a manner not
detczmental to the particular area nor Lo the peace, health, safety and
genecal welfare of the Citizens of the City of Anaheim.
6. Tl~ac the granting of the Conditional Use Permit under the
conditions imposed, if any, will not be detrimental to tha peace, health,
safety and general welfare uf the Citizens of the City of Anaheim.
7. That the traffic generated by the proposed vse will not impose
an undue burden upon the streets and highways designed and improved to carry
the traffic in the acea.
8. That no one indicated their presence at said public ',' aring in
opYositi.on; and that no correspor.dr_nce was received in opposition to the
subject petition.
ENVIRONMENTAL It4PACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to expand a dcive-through restaucant with
waivers of sinimum landscaped setback and minimum number of packing spaces on
a rectanyularly-shaped parcel of land consisting of approximately 0.34 acce,
located at the nurtheast cornec of Ball. Road and Knott Street, and futther
described as 980 South Knott Street; and does hereby approve the Negative
Declatation upon finding that it has considered the t~eaative Declaration
toyethez ~.~ith any co.:~~nts rQCPjV~~ ducing the aublic review process and
futther finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment.
NOW, THEP.EFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby yrant subject Petition for Conditional Jse Parmit, upon
the following conditions which are hereby found to be a necessary prerequisite
to the proposed use of the subject property in order to pceserve the sa~ety
and general welfare oE the Citizens of the City of Anaheim:
1. That pcior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
amount a;~ determined by the City Council for new cor.unercial
buildings.
2. That all driveways shall be reconstructed to accommodate ten (10)
foot radius curb returns as required ty the City TrafFic Engineer.
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' 3. That trash storage areas shall be provided and maintained in
accordance with approved plans on file with the Street Ma3ntenance
and Sanitation Division; and that the trash storaqe area shall not
be located closer than eight (8) feet to L-he property line a.long
Ball Road.
4. That the proposal sha11 comply with all signing requirements of the
CL zc:ie, unless a variance allow.ing sign waivers is approved by the
Planring Commission or City Counci.l.
5. That the owner of subject property shall cubmit a letter requesting
tecmination of Conditional Use Permit No. 1545 to the Planning
Department.
6. 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 3.
7. That prior to issuance of a building permiE, or within a period of
one year from the dare of this resolution, whichever occurs first,
Condition No. 1, above-mentioned, shall be complied with.
Extensions for further timA to complete said conditions may be
granted in accordance with section 18.Q3.090 of the Anaheim
Municipal Code.
8. That prior to finai building and zoning inspecl•ions, Condition Nos.
2, 3, 5 and 6, above-mentioned, shall be complied with.
kiG IT FUR':HER RESOLVED that the Anaheim City Planning Commission
does hereby find ~nd determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
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 r_his Resolution, and any approvals herein
cor.tained, shill be deemed null and void,
THE FOREGOING P.ESOLUTION is signed and approved by.~me this 24th day
of April, 1985. ~
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CHbI MAN, ANA} IM ITY PLANNING ~JOMFIISSION
ATTEST: ("}~ ~
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SECRETARY, ANAFIL•'IM CITY PLANNING COMP]ISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss.
CITY OF ANAHEIM ?
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby cPrtify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on April 29,
1985, by the following vote of the memuers thereof:
AYES: COt1MISSIONERS: BOUAS, BUSHORE, FRY~ HERBST~ KING~ LA CLAIRE
MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMZSSIONE:RS: NONE
IN WITNESS WHERGOF, I have hereunto set my har,d th.is 29th day of
April, 1985.
S~ ~ /t ' L~~! 6~W Lf-i
SECRETARY, ANAHEIFI CITY PLANNZNG COMMISSION
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PC85-113