PC 85-204RESOLUTZON N0. PC85-204
A kESOLUTION OF THE ANAHEIM CITY YLANNTNG COMMISSLOtI
THAT PETLTION FOR CUNDITIONAL ~SE PERMLT N0. 27].7 BE GRANTED
WHEREP.S, the Anaheim City Planning Commission did receive a verified
Petition for Conditional. U;e Permit from ROBERT K. WALK~R, JR., ET AL, c,/o
GREAT WESTERN REAL ESTATE, 1901 Eact Fourth Street, P. 0. Box 15139, Santa
Ana, California 92705, owner, and CARLSON DESTGN & CONSTRU~TION COMPANY, P. 0.
Box 819, Anaheim, California 92805, ATTN: FRED SHADER, agent fot certa?n real.
property situated in the City of Anaheim, County of Orange, State of
California, described as:
PARCEL ].: TH~ SOU7'H 89 FEET QE' THE NORTH 254 FEET OF THE WEST
180 FEET OF THE NORTH 5 ACRES OF THE WEST 20 ACRES OF THE NORTH
HALE' OF THE NORTHWEST QUARTER OF SECTION 7.8, :OWNSHIP 4 SOUTH,
ftANGE 10 WEST IN THE RANCHO LOS COYOTES, IN THE CiTY OF ANAHEIM~
AS SH04lN ON A FIAP RECORDED iN BOOK 51, PAGE 10 OF MISCELLANEOUS
MAPS~ RECORDS OF ORANGE COU[JTY, CALiFORNiA.
PARCEL 2: THE 41ES'" 133 FEET OF THE NORTH 165 FEET OF THE
NORTHWEST (~UARTER pF SECTION 28, TOWNSHLP 4 SOUTH, RANGE ].0 WEST
IN THE RANCHO LOS COYOTES, AS SHOWN ON A PfAP RECORDED IN BOOK
51~ PAGE lU OF' MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY~
CALLFORNIA.
EkCEPTING THEHEFNUM THE NORTH 66 E'6ET.
ALSO EXCEP'PING THEREFROPI THE FOLLOWING:
BfiGINNING AT A POiNT iN THE SOUTH LiNE OF TH£ NORTH 66 FEET OF
THE WEST 7.68 FEET OF THE NORTHWEST QUARTER OF SAID SECTiON 18~
DiSTANT ALONG SAID SOUTH LLNE EASTERLY 7G.00 FEET FROM THE WcS4'
LINE OF SAID SECTION; THENCE ALONG SAID SOUTH LINE WESTERLY TO
SATD WE;ST Lli~E; THENCt ALONG SAiD WEST LINE SOUTHERLY TO A LiNE
WHICH IS PARALLEL WITH AND DISTANT SOUTHERLY 20.00 FEET,
i•itnSUii~;L i.i iiiGliT nlvGi,tS~ cilOl•l SniL SGG1~i LIIvL~ TiiGlvCn nLOt+G
SAID PP.RALLEL LINE EASTERLY 50.00 FEET; THENCE NOFTHEASTERLY IN
A DLRECT LINE TO '?'HE POINT OF BEGiNNiNG.
PARCEL 3: THE EAST 35 FEET OF THE WEST 168 FEET OF THE NORTH
165 FEE; OF THE NOR'PHWGST QUAP.TER OF SECTiON 18, TOWNSHTP 4
SOUTH~ RANGE 10 WEST~ IN THE RANCHO LOS COYOTES~ AS SHOWN ON A
MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLAN°OUS NAPS, kECORDS
OF ORANGE COUNTY~ CALIFORNIP..
EXCEPTING THEREFROM THE NORTH 66 FEET.
PARCEL 4: THE EAST 12 FEET OF THE WEST 180 FEET OF THE NORTH
165 F'EET OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHiP 4
SOUTH~ RANGE 10 WEST, AS SHOWN ON A MAP RECORDED IN BOOK 51~
PAGE 10 OF MiSCELI,ANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNtA.
BXCEP'tING THERGFROM THE NORTH 66 FEET AS CONVEYED TO THE STATE
OF C:~LIFt~RNIA BX DEED RECORDED IN BOOK 37.92, PAGE 168 OF
OFFICIAL RECORDS.
0610r PC85-2U4
RESERVING THEREFROM AN EASEMENT FGR TFIE CONSTRUCTIOI~ AND
h1AINTENANCE OF A SIGN OVEk THE EASTERLY 5 FEET OF THE NORTHERLY
25 FEET THEREOF.
PARCEL 5: THE EAST 50 FEET OP T[]E WEST 230 PEET OF THF. NORTH
254 FEET OF THE NORTHW6S?' QUARTER OF THE NORTHWEST QUARTER OF
THE NORTH47EST QUAkTER OF SECTIOPI 1.8, TOWNSHIP 4 SOUTH, RANGE 10
WEST IN THE RAt~CHO LOS COYOTES~ AS SHOWN ON A MAP RECORDED LN
IIOOK 51, PAGE 10 UI' MiSCELLANEOUS MAPS, RECO.RDS OF ORANGE
COUNTY~ CALIFORNIA.
WHEREAS, the c:it}• Planning Commission did hold a public hearing at
the Civic Cente: in tha City of Anaheim on September 4, 1985, at 1:30 p.m.,
notice of said public hearing having been duly given as requirad by J.aw and in
accordance with the provisions of the Anaheim rtunicipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed conditionaJ. use
permit and to investigate and make findings and cecommendations in connection
therewith; and
WHERGAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and afte~ due consideration o~ 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 authori~ed by Anaheim Flunicipal Code Section 18.99.050.300 to wit:
to permit a drive-through restaurant.
2. That the proposed use wil.l not adversel.y affect the adjoininy
land uses and the growth and development of the a:~ea in which it is pcoposed
to be located.
3. Tt~at the size and shape of the site proposed ror the use is
adequate to allow the full dev?lopment of the proposed use in a manner not
detrimental to ~he particular area nor to the peace, health, safety and
general. welfare of the Citizens oE the Ciry of. Aneheim.
4. That the grantinq of the Conditional Use Permit ur.der the
conditions imposed, if any, wi1J. not be detrimental to the peace, health,
safety and general we.lfare of the Citizens of the City of Anaheim.
5. That the crafEic generated by the pro~,osed use will not impose an
undue burden upon the streets and highways designed and improved to carry the
traffic ia the area.
6~ That four persons indicated their presence at said public hearing
in opposition; and that no corresponde~ice was received in opposiL•ion to the
subject petition.
ENVIRONI~IENTAL iP1PACT FINDTNG: That the Anaheim City Planning
Commission has reviawed the proposal to p?rmit a drive-through restaurant on a
rectangularly-shaped parcel of land consisting of approximately 0.76 acre
located at the southeast cocner of Lincoln Avenue and Magnolia Avenue and
further described as lU0 South Magnolia Avenue; and does hereby a;~prove the
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;~
Negative Ueclaration upon finding that it has considered the Negative
Declacation together with any comments received duriny the public review
process and further finding on the basis of the initial study and any comments
received that there is no cubstant.ial. evidence that thE project wil.l have a
significant effect on the environment.
NOW, TEILREFORF., BE IT RESOLVED that the Anaheim City PZanning
Commission does hereby grant subject Petition for Conditional UsA Permit, upon
the following conditions which are hereby found to be a necessary precequisite
to the proposed use of the subject propertl in order L•o preserve the safety
and general we.tfare of ~he Citizens of the City of Anaheim:
1. That prior to issuance of a building permit, the appropriate traffic
signal. assessment fee shall be paid to ~he City of Anaheim in an
amount as determined by the City Council for new commercial buildings.
2. That thE existing most northeriy driveway on Magnolia Avenue and the
westerly d[iveway on Lincoln Avenue shall be removed and replaced
with a standard curb, gutter, sidewalk and 7.andscaping.
3. That all driveways shal.l be reconstcucted to accommodate ten (10)
foot radius crrb returns as required by the City Traffic Engineer.
4. That drainage of subject property shall be disposed of in a manner
yatisfactury to the Ciry Engineer.
5. That subject property shaJ.l be served by underground utilities.
6. That prior to commencement of structural framing, fire hydrants shall
be installed and charged as required and determined to be necessary
by the Chief of the Fire Department.
7. That trash storage areas shall be provided and maintained in
accordance with approved p]ans on file with the Street Maintenance
and Sanitation Division.
8. That the owner of subject property shall pay to the City of Anaheim a
f.ee fnr tree rl~r.tir.y Nucyoscs aiony Magnolia Avenue and Lincoln
Avenue in an amount as determined by the City Council.
9. That the underground storage tanks shall be removed as per the
requicemer.ts of the Fire Marshall.
10. That all air conditioning facilities and other roof and gtour.d
mounted equipment shall. be properly shielded from view, and the sound
buffered from adjacent residential properties.
1J.. That the proposal shall comply with all signing requirements of the
CL Zone, unless a variance allowing sign waivers is approved by the
Planning Commission ot City Council.
12. That subject property shall be developed substantiall.y in accordance
with pians and specifications on file with the City of Anaheim inarked
Exhibit Nos. 1 through 3.
-3 PC85-204
13. That the easterly drive on Lir,coln Avenue shall be relocated two (2)
feet westecly to the saticf.actior. of the Traffic Engineer.
14. That the owner of subject property shall. submit a].etter requesting
tecmination of Variance No. 2467 and Conditional. Use Permit Nos. 2557
and 1290 to the Planning Department.
15. 7~hat the existing 6-foot high block wall adjacent to the easterl.y
property line shall be permanently maintained.
16. Ttiat prior to issuance of a building permit, or within a period of
one year fcom the date of this cesolution, whichever occurs first,
Condition Nos. 1, 8 and 14, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be
granted in accordance with Section 18.03.090 of the Anaheim Municipal
Code.
17. That prior to final building and zoning inspections, Con@ition Nos.
2, 3, 4, 5, 7, 9, ~0, 11, 12, 13 and 15, above-mentioned, shall be
complied with.
BE IT FURTHER RESOLVBD that the Anaheim City Planning Commission does
hereby find aiid determine that adoption oE this Resol.ution is expressly
predicated upon applicant's compliance with each and a7.1 of the conditions
hereinabove set forth. Should any such conditions, oc any part thereof, be
declared invalid or unenfocceaGle by the final. judgmen*_ of any court of
competent ju~isdiction, then this Resolution, and any approvals hereir.
contained, shall he deemed r.ul.l ar.d void.
THE FOREGOING RESOLUTION is signed and approved by me this 4th day of
September, 1985.
~ ., i~ ~~ ~ ~
l~ /~ lLc -~G-,--c~ ~ Gt. c~C ~<t~(ic_~..J
CHAiRWOP1AN, ANAHEIN, CiTY PLANNING COF1MiSSiON
ATTEST:
~~ ~ ~~
SECRETARY, ANAHCiM CITY PI~ANNiNG COMMTS.^.T^~T
STA4'E OF CALIFORNIA )
CQONTY OF ORANGE ) es.
CITY OF ANAHEIM )
I, Edith L. Harris, Secrekary of the Anaheim City Planning
Commission, do hereby certify that the £oregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on September
4, 1985, by the following ~~ote of the members thereof:
AYES: COMMISSIONERS: BOUAS, FRX, HERBST~ LA CLAiRE, MC BURNEY~ MESSE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LAWTCKi
iN WITNES5 WHEREOF, i have hereunto cet my hand this 4th day of
Septembez, 7.985. ~ -
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SECRETARY~ ANAHEIM CLTY PLANNLNG COMMISSiON
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