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PC 85-129Rf:SOi,UTION N0. PC85-129 A RE:SOLUTION OF THE ANAHEIbf CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE YERMIT N0. 2686 BE GRANTED WHEkEAS, the Anaheim City Planning Commission did receive a veriEied Yetition for Conditional Use Permit from NATHAN OGINTS, ET AL., 3481 La Sombra Dr:ve, Los Angeles, Califo:nia 900ti8, ownec, and STEVE ROSENFIELD/EDDIE EfARRZSON, 2431 North Tustin Avenue, Suite 0, Santa Aea, California 92705, agents fo~ certain real property situated in the City of Anat~eim, County of Orange, State of California, described as: PARCEL 1: LOTS 1 TU 11 INCLUSIVE AND Tt1AT PORTCON OF LOT 12 Or^ TRACT N0. 2090, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE~ STATE OF CALIFORNIA, P.S YEP, t4AP RECORDED IN BOOK 61 PAGES 38 AND 39 OF MISCELLANEOUS b1APS, IN THE OPFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY OF THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OP IRIS STREET, AS SHOWN ON SAID MAP. PARCEL 2: TfiAT PORTION OF HILL AVENUE~ AS SHOWN ON THE MAP OF TRACT N0. 2090, IN THE CITY 0° ANAHEIM~ COUNiY OF ORANGE~ STATE OF CALIFORNIA~ RECURDED IN BUCK 61 PAGES 38 AND 39 OI~' NISCELLANEGUS MAPS~ iN THE OFFICB Ok' THE COUNTY RECORDER OF SAIll COUNTY, BOUNDED ON THE WEST BY THE SOUTHERLY PROLCNGATZON OP THE EASTERLY LINE OF IRIS STREET, A: SHOWN ON SAID h1AP AND BOUNDE~ ON THE GAST 6Y TfiE LINH PARALLEL WITH AND WESiERLY 50 FEET FROM THE CENTER LINE OF LOS ANGELES STREET, AS SfiOWN ON SAID MAP, AS VACATED ANT~ ABANDONED BY ORDINANCE N0. 950 BY RESOLUTION NO. 2607 OF THE CITY COUNCIL UF ANAHEZM, CALIFORNIA DECEMBER 28~ 1954, RECORDED DECEMBER 31, 1954 IN BOUK 2912 PAGE 165, OF:eICIAL RECORD.°,. WHEREAS, tt~e City Flanning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 13, 1985, 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 consider evidence for and aga:nst said p=oposed conditional use permit and to investigate and make findings and recommendations in conuection 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 said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipai Code Section 18.44.050.300 to wit: to pecmit two i2) drive-through cestaurants and an outdoer children's play area. #0528r PC85-129 ,..... 2. That the proposed use will not adversely affect the adjoining land uses and the growth and development uf the area in which it is proposed to be located. 3. i~hat the size and shape of the site oro_r.osed fo~ 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. 4. Tt~at the granting of the Conditional Use Pecmit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and genecal welfare of the Citizens of the City of Anaheim. 5. 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 traffic in the area. 6. Tha:. no one indicated their presence at said public hearing in opposition; and that no currespondence was received in upposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Plann~ng Commission has reviewed the proposal to permit two t2) drive-thr~ugh restaurants and an outdoor children's play area on an irreqularly-shaped parcel of land consisting of approximately 4 acres located at the southwest cornec of Anaheim Boulevard and Ba11 Road, and further described as 1201 South Anaheim Bouleva[d (BUrgec King) and 110 West Ball Road (E1 Pollo Loco); and does hereby appcove the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments ~eceived during the public review process and further Linaing 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, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Ce,;,~;~:sciu~, dueo i,eccuy y~bnc su~~ecc t~etition tor Conditional Use Petmit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject pcoperty in order to preserve the safety and general w~lface of the Citizens of the City of Anaheim: 1. That the owner of aubject property shali irrevocably offer to - dedicate to the City of Anaheim a strip of land 53 feet in width , from the centerline of the street along IIall Road and 53 feet in width trom the centerline of Anaheim Boulevard for street widening purposes. 2. That existing curb, gutter and sidewalk, where not at ultimate . locetioa shall be remuved and reconstzucted at ultimate location on ' Ball Road and Anaheim 9oulevard, including preparation of improvement plans and installation oP all improvernents such as curb~ =~ and gutters, sidewalks, water facilitie3 street , grading and pavement, sewer and drainage facilities, or other appurtenant work ,~j shall be complied with as required by the City Engineer and in ~' accordance with specifications on file in the Office of the City ~ ~'a ~ Engineer; and that security in the form oE 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 :`°`. . . -2- PC85-129 ~~k:i?~:;.l:~c. . to guarantee the satiafactory completion of said improvements. Said security shall be posted with the City prior to issuance of building permits, prior to occupancy. 3. That street ligt~ting facilities along Ball Road and iris Stceet shall be installed as required by the Utilities ~eneral Manager in accordance with specifications on file in the Uffice of Utilities General Manager, and 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 P.naheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim orior to issuance of building permits. The above-required improvements shail be installed nrior to occupa••~y. 4. Th~t the vehicutar access rights to Iris E,eet, Anaheim Boulevatd and Ball Road shall be dedicated to the City of Anaheim. 5. That prior tu issuance of a buildin9 permit, primary water main fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General blanager. 6. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as detecmined by the City Council Por each new dwelling unit. 7. That the existing central driveway on Anaheim Boulevard shall be cemoved and replaced with a standard curb, gutter, sidewalk and 2andscapiny. 8. That all driveways st~all be reconstruc~Ad to accommodate ten (10) foot radius curb returns as cequired by the City Traffic Engineer. 9. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 10. That subject property shall be sesved by undergcound utilities. 11. That prior to commencement of structucal fcaming, fice hydrants shall be installed and cFiarged as required and determined to be necessary by the Chief of the Fire Department. 12 That trash stocage areas shall be orovided and maintained in accocdance with approved plans on file with the Street Maintenance and Sanitation Division. 13. That in the event ~ubject pcoperty is to be divided for the purpose of sale, lease, oe financing, a parcel map to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. -3- PC85-129 14. That in the event a parcel map subdividing subject property is recorded, a recipcocal access and packing agreement, in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded aq~eement shall then be submitted to the Planning ~epartment. 15. That all air conditianing facilities and other roof and ground mounted equipment sha11 be properl;~ shielded from view, and the sound bufEered from adjacent residential propertie:c. 16. That the proposal shall comply wiGh all signing requicements of the CL 2one, unless a variance allowing sign waivers i.s approved by the Planning Commiss.ion or Cit}• Council. 17. That any proposed parking area lighting fixtures shall be down-lighted with a maximum height of 12 feet. Said lighting Eixtures shall Ge directed away from ndjacent property lines to protect the residential integrity of the area. 1~. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a buildinq permit is issued, or within a period of ninety (30) days fr~m the date of this resolution, whichever occurs first, the owner(s) of subject property sha11 execu~e and record a covenant in a form approved by the City Atto~ney's Officc wherein such owner(s) agree not to contest the forma~ion of any assessment district(s) ~~hich may hereafter be formed pursuant to the prcvisions of Development Agreement No. 83-01 between the City of Anaheim and Anaheim Stadi:~m Associates, which district(s) could include such owner's preperty. Failure to comply with this condition within the specified time shall render this conditional use permit and void. 19. That 15-gallon tree~ planted on 15-foot centers, with appropriate irrigation facili[ies, shall be planted and maintained alona the west nrooertv lir.~ s,t;~,~ ;;~~ inLc~leciny with parking o[ vehicular circulation. 20. That the owner of subject property shall submit e. letter requesting termination of Conditional Use Permit Nos. 2465 and 2638 to the Pianning Department. 21. That ~ubject property shall be developed substantialiy in accordance with plans and specifications on file with the city of Aneheim marked Exhibit Nos. 1 through 6. 22. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 18 and 20, above-mentioned, shall be complied with. Extensions Eor further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Cude. 23. That prior to final building and zoning inspections, Condition Nos. ~~ ~3, 9. 10, 12, 15, 17, 15 and 21, ~bove-mentioned, shall be complied with. PC85-129 e BE IT PURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolurion is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any parl• thereof, be declared invalid or unenforceable by the final judgment of any court of competent juzisdictiaii, then this Resolution, and any approvals herein contained, shall be deemed null and void. T[3E FOREGOING RESOLUTION is signed a~pproved by me this 13th day of May, 19&5. / ~- ~ ~ii ~~ :~ .~ f~- ~JG --C:IAZkMAN, ANAHE~M ITY PLANNING COPIMISSION ATTEST: ~~_~~Lw i. SECRETARY, ANAHEIM CITY PLANNZNG COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) Z, Edith L. Harris, Secretar.y of the Anaheim City Planning ; Commission, do hereby certify that *_he foregoiiig resolution was passed and adopted at a meeting of the Anahcim City Planni:~.. Commission held on May 13, _ 1985, by the following vote of the membere ~h<•.~of'r AY~;S: COMIdISSI0NER5: BOUAS, FRY, HERB,^':', KItdG~ MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: CUb1bfISSIONERS: BUSHORE~ LA CLAIR~ .n IN WITNESS WHEREOF, I yave hereunto se~ my hand this 13th day of May, 1985. ~ • ~ ~~~w SFCRETARY, AN?1HF2M CSTY PLT.Nf12PIG COt7t7ISSI0N -5- PC85-129 ~ 5~.: ; ,~'~~'t.:'. . . . . .