Resolution-PC 2000-53• •
RESQLUTION NO. PC2000-53
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04200 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1:
THAT POR710N OF LOT 4 OF TH`E DOMINGUEZ ESTATE, AS SHOWN ON A LICENSED
SURVEYOR'S MAPS FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE
OFFICE OF THE COUNTY RECOI~DER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF TRACT NO. 7470, AS SHOWN ON A
MAP RECORDED IN BOOK 326, PAGES 18, 19 AND 20 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, BEING A POINT ON THE NORTHWESTERLY LINE
OF THE SANTA ANA VALLEY IRRIGATION COMPANY, AS DESCRIBED INDEED RECORDED
MARCH 7, 1940 IN BOOK 1033, PAGE 362 OF OFFICIAL RECORDS; THENCE ALONG SAID
NORTHWESTERLY LINE SOUTH 74° 10' 35" WEST 507.09 FEET, NORTH 15° 49' 25" WEST
3.00 FEET, AND SOUTH 74° 10' 3!5 WEST 298.59 FEET TO THE SOUTHWESTERLY CORNER
OF THE LAND DESCRIBED IN DEED TO W.F. GLEASON AND WIFE, RECORDED MAY 22,
1951 IN BOOK 2191, PAGE 226 O'F SAID OFFICIAL RECORDS, BEING THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE SOUTH 74° 10'
35" WEST 715.09 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHERLY, HAVING A RADIUS OF 818.20 FEET, AND WESTERLY ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE ~F 09° 21' 14", AN ARC DISTANCE OF 133.58 FEET TO A
POINT ON THE WESTERLY LINE OF SAID LOT 4, A RADIAL LINE OF SAID CURVE PASSING
THROUGH SAID POINT BEARS 50UTH 06° 28" 11" EAST; THENCE ALONG SAID
WESTERLY LINE, NORTH 0° 16' 25" WEST 609.25 FEET TO THE SOUTHWESTERLY
CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CAUFORNIA RECORDED
FEBRUARY 27, 1969 IN BOOK 9995, PAGE 577 OF OFFICIAL RECORDS; THENCE ALONG
THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED LAND, NORTH 70° 23' 17" EAST
132.19 FEET, NORTH 60° 52' 01" EAST 189.71 FEET, AND NORTH 56° 00'53" EAST 179.51
FEET TO THE NORTHEASTERLY LINE OF SAID LOT 4; THENCE ALONG SAID
NORTHEASTERLY LINE, SOUTH 81° 34' 25" EAST 125.13 FEET, SOUTH 50° 34' 25" EAST
132.00 FEET, AND SOUTH 65° 19'' 25" EAST 142.68 FEET TO THE NORTHWESTERLY
CORNER OF SAID LAND OF W.F. GLEASON; THENCE ALONG THE WESTERLY LINE OF
SAID LAST MENTIONED LAND, SOUTH 03° 22' 25" EAST 464.60 FEET TO THE TRUE POINT
OF BEGINNING.
PARCEL 1A:
COMMENCING AT THE SOUTHW'EST CORNER OF TRACT NO. 7470, PER MAP RECORDED
IN BOOK 326, PAGES 18 THROUGH 20 OF MISCELLANEOUS MAPS, RECORDS OF SAID
ORANGE COUNTY, BEING AT A POINT ON THE NORTHWESTERLY LINE OF SANTA ANA
CANYON ROAD, 7160 FEET NORTHWESTERLY AT RIGHT ANGELES FROM THE
CENTERLINE OF THE WESTBOUND LAND THEREOF AS SHOWN ON SAID TRACT NO.
7470; THENCE ALONG SAID NORTHWESTERLY LIEN OF SANTA ANA CANYON ROAD,
SOUTH 74° 10' 35" WEST 507.09 ~EET, AND NORTH 15° 49' 25" WEST 3.00 FEET, AND
SOUTH 74° 10' 35" WEST 269.55 ~FEET TO THE TRUE POINT OF BEGINNING THENCE
SOUTH 15° 49' 25" EAST 42.60 FEET; THENCE SOUTH 74° 10 35" WEST 660.11 FEET TO
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THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A
RADIUS OF 1968.00 FEET; THENCE ALONG SAID CURVE, THROUGH AN ANGEL OF 6° 39'
31", AN ARC LENGTH OF 228.71 FEET TO A POINT ON THE SOUTHERLY PROLONGATION
OF THE WESTERLY LINE OF SAID LOT 4; THENCE ALONG SAID PROLONGATION AND
SAID WESTERLY LINE, NORTH 00° 16' 15" WEST 41.74 FEET TO A POINT ON A CURVE
NORTHWESTERLY AND HAVING A RADIUS OF 818.20 FEET, A RADIAL LINE THROUGH
SAID POINT BEARS NORTH 6° 28' 11" WEST; THENCE EASTERLY ALONG SAID CURVE,
THROUGH AN ANGLE OF 9° 21' 14", AN ARC LENGTH OF 133.56 FEET; THENCE ALONG
TANGENT LINE, NORTH 74 10' 35" EAST 744.13 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 2:
THAT PORTION OF LOT 3 OF THE DOMINGUEZ ESTATE, AS SHOWN ON A MAP FILED IN
BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN TF~E CENTERLINE OF PLACENTIA-YORBA ROAD, AS
SHOWN ON PLANS ENTITLED " PLAN AND PROFILE OF PLACENTIA-YORBA ROAD" ON
FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY, DISTANT THEREON
NORTH 0°28' 36" EAST 384.41 FEET FROM ITS INTERSECTION WITH THE CENTERLINE OF
SANTA ANA CANYON ROAD, 60.00 FEET WIDE, AS SHOWN ON A MAP ON FILE IN SAID
OFFICE OF THE COUNTY SURVEYOR; THENCE SOUTH 83°46' S7" EAST 230.68 FEET TO
THE WEST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO THE
STATE OF CALIFORNIA RECORDED JANUARY 23, 1953 IN BOOK 2441, PAGE 84 OF
OFFICIAL RECORDS IN SAID OFFICE; THENCE NORTH 65° 02' 06" EAST 202.77 FEET TO
THE TRUE POINT OF BEGINNINC; THENCE NORTH 86° 25' 25" EAST 160.31 FEET;
THENCE NORTH 71°12' 00" EAST' 116.09 FEET TO THE SOUTHERLY CORNER OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN DEED (STATE PARCEL C2577) RECORDED
FEBRUARY 27, 1969 IN BOOK 8885, PAGE 577 OF OFFICIAL RECORDS IN SAID OFFICE;
THENCE A~ONG THE EASTERLY LINE OF SAID LOT 3, SOUTH 0° 32' 18" WEST 609.26
FEET TO A POINT IN THE NORTHERLY LINE OF THE SANTA ANA VALLEY IRRIGATION
COMPANY CANAL RIGHT-OF-WAY, THE CENTERLINE OF WHICH IS SHOWN ON A MAP
FILED IN BOOK 4, PAGES 44 TO 50 INCLUSIVE OF RECORD OF SURVEYS IN SAID
OFFICE, SAID POINT BEING ON A CURVE RECORD OF SURVEYS IN SAID OFFICE, SAID
POINT BEING ON A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 818.20
FEET; THENCE FROM A TANGENT BEARING SOUTH 84° 20' 31" WEST, WESTERLY ALONG
SAID CURVE, THROUGH AN ANGLE OF 22° 40' 42", AN ARC DISTANCE OF 323.85 FEET TO
THE SOUTHERLY TERMINUS OF THE EASTERLY LINE SHOWN AS "SOUTH 1 DEGREE 50'
03" WEST, 257.80 FEET" IN PARCEL 2 OF THAT PORTION OF IMPERIAL HIGHWAY
RELINQUISHED TO THE CITY OF ANAHEIM (REL-820) BY RESOLUTION OF THE
CALIFORNIA HIGHWAY COMMIS!510N, A CERTIFIED COPY OF WHICH RESOLUTION IS
RECORDED IN BOOK 10969, PAGE 47 OF SAID OFFICIAL RECORDS, AND AS SHOWN ON
MAP RECORDED MAY K23, 1973. IN BOOK 9, OF STATE HIGHWAY MAPS IN SAID OFFICE;
THENCE ALONG SAID EASTERLI' LINE OF IMPERIAL HIGHWAY, NORTH 1° 50' 03" EAST
257.80; FEET: THENCE NORTH 9'° 56' 32" EAST 276.46 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 2A:
ALL THAT CERTAIN REAL PROPERTY BEING THAT PORTION OF THE SANTA ANA VALLEY
IRRIGATION COMPANY CANAL CONVEYED TO THE SANTA ANA VALLEY IRRIGATION
COMPANY BY DEED RECORDED JULY 18, 1934 IN BOOK 685, PAGE 255 OF OFFICIAL
RECORDS, RECORDS OF SAID COUNTY, LYING WITHIN THE LIMITS OF THE SOUTHERLY
PROLONGATION OF THE SIDE LINES OF LOT 3 OF "DOMINGUEZ ESTATE", AS SHOWN ON
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A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE
EASTERLY LINE, AND THE SOUTHERLY PROLONGATION SAID EASTERLY
LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA
RECORDED JANUARY 23, 1953 IN BOOK 2441, PAGE 84 OF OFFICIAL
RECORDS, RECORDS OF SAID COUNTY.
WHEREAS, the City Pianning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 8, 2000 at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with t'he provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed conditional use permit and to investigate
and make findings and recommendations in connection 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 Municipal Code Sections 18.02.052.060, 18.44.050.135 and 18.44.050.300 to establish outdoor
seating in conjunction with a coffee shop within an existing commercial retail center, and to further
subdivide the center into additional tenant spaces.
2. That the proposed uses will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located; that these uses are compatible with
the surrounding commercial uses; and that the design of this proposal will allow for its operation without
causing a detriment to the peace, health, safety and general welfare of the citizens of Anaheim.
3. That the large size and shape of the existing shopping center on this site will allow
development of the proposed retail, office and outdoor uses in a manner not detrimental to the particular
area nor to the peace, health, safety, and general welfare.
4. That the traffic generated by the proposed uses will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
5. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to establish outdoor seating in conjunction with a coffee
shop within an existing commercial retail center, and to further subdivide the center into additional tenant
spaces on property consisting of 15 acres located at the northeast corner of Santa Ana Canyon Road and
Imperial Highway, having frontages of 1,095 feet on the north side of Santa Ana Canyon Road and 570
feet on the east side of Imperial Highway, and further described as 5701-5791 East Santa Ana Canyon
Road (Canyon Plaza Shopping Center); and does hereby determine that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 4021 is adequate to serve as the
required environmental documentation in connection with this request upon a finding that the previously
approved Negative Declaration reflects the independent judgment of the lead agency and that it has
considered the previously approved Negative Declaration together with any comments received during
the public review process and further finding on the basis of the tnitial Study and any comments received
that there is no substantial evidence that the project will have a significant effect on the environment.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition 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 the maximum number of tenant spaces within this commercial retail center shall not exceed sixty
three (63) units.
2. That a landscaping plan for the new parking lot landscaped planters and outdoor dining perimeter
planters shall be submitted to the Zoning Division for review and approval. Any decision made by the
Zoning Division regarding said plans may be appealed to the Planning Commission.
3. That the owner of subject property shall submit a letter to the Zoning Division requesting termination
of Conditional Use Permit No. 1735 (to permit sale of beer and wine for on-premises consumption in
a proposed restaurant at 5775 E. Santa Ana Canyon Road, formerly the Sizzler Restaurant).
4. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 5, and as conditioned herein.
5. That window signage shall be prohibited. ~
That prior to commencement of the activity authorized by this resolution, or prior to issuance of a
building permit, or within a period of one (1) year from the date of this resolution, whichever occurs
first, Condition Nos. 2 and 3, above-mentioned, shall be complied with. Extensions for fu~ther time
to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
That prior to final building and zoning inspections, Condition No. 4, above mentioned, shall be
complied with.
8. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLV~ED that the Anaheim City Planning Commission does hereby
find and 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 condition, 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 contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted t the PI in ommission meeting of
May 8, 2000. ~ , i~~
CHAIRPE~` N PRO TEMPORE,
ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~~~'v w/~ ~ .
SECRETARY NAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on May 8, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN ~
IN WITNESS WHEREOF, I have hereunto set my hand this ~2 day of
, 2000. .
_ ~
SECRETA , ANAHEIM CITY PLANNING COMMISSION
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