Resolution-PC 2001-42. .
RESOLUTION NO. PC2001-42
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04246 BE GRANTED, IN PART
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:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP
RECORDS IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LAND DESCRIBED IN
TORRENS TITLE CERTIFICATE NO, 47 ON FILE IN THE OFFICE OF THE
REGISTRAR OF TITLES OF ORANGE COUNTY, CALIFORNIA, SAID POINT
BEING ON THE NORTH AND SOUTH QUARTER SECTION LINE OF SAID
SECTION 22 AND DISTANT NORTH 0 DEGREES 16' 25" WEST 42.93 FEET
FROM THE INTERSECTION OF SAID LINE WITH THE CENTER LINE OF
CERRITOS AVENUE AS DESCRIBED IN DEED TO THE COUNTY OF
ORANGE, RECORDED JULY 15, 1926 IN BOOK 662, PAGE 292 OF DEEDS;
TH~NC~ NORTH 0 p~GR~ES 16' 25° WEST ALONG SALD NORTH AND.
SOUTH QUARTER SECTION LINE, A DISTANCE OF 410,73 FEET, SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 89
DEGREES 57' 00" EAST 660.00 FEET TO THE EAST LINE OF SAID LAND
DESCRIBED IN TORRENS TITLE CERTIFICATE NO. 47; THENCE NORTH 0
DEGREES 16' 25" WEST 238.12 FEET TO THE MOST SOUTHERLY CORNER
OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, FILED
NOVEMBER 1, 1950 AS DOCUMENT NO. 21667 IN THE OFFICE OF THE
REGISTRAR OF TITLES OF ORANGE COUNTY, CALIFORNIA; THENCE
NORTH 66 DEGREES 00' 15" WEST 63.53 FEET TO A LINE PARALLEL WITH
AND DISTANT 18.00 FEET SOUTHERLY MEASURED AT RIGHT ANGLES
FORM THE NORTHERLY LINE OF LAND DESCRIBED IN TORRENS TITLE
CERTIFICATE NO. 10914 ON FILE N THE OFFICE OF THE REGISTRAR OF
TITLES OF ORANGE COUNTY, CALIFORNIA; THENCE ALONG SAID
PARALLEL LINE SOUTH 89 DEGREES 57' 00" WEST 537.26 FEET; THENCE
SOUTH 48 DEGREES 14' 29" WEST 48.26 FEET TO THE EASTERLY LINE OF
HARBOR BOULEVARD, 60.00 FEEL WIDE, THE CENTER LINE OF WHICH
BOULEVARD IS THE WESTERLY LINE OF LAND DESCRIBED IN SAID
TORRENS TITLE CERTIFICATE NO. 10914; THENCE SOUTH 89 DEGREES
43' 35" WEST 30.00 FEET TO SAID WESTERLY LINE; THENCE SOUTH 0
DEGREES 16' 25" EAST 231.71 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM PARCELS 200835-1 AND 200835-2 AS
DESCRIBED IN THAT FINAL ORDER OF CONDEMNATION, SUPERIOR
COURT CASE NO. 769370, A CERTIFIED COPY OF WHICH RECORDED
SEPTEMBER 1, 1999 AS INSTRUMENT NO. 19990635010 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY.
CR5064PK.doc -1- PC2001-42
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WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 23, 2001 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 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 Section 18.48.070.050.0521 to construct a new 6,581-square foot, full-service,
semi-enclosed restaurant with waivers of the following:
(a) Section 18.48.070.090.0903 - Interior structural setback and vard repuirements.
(minimum 10-foot wide fully landscaped setbacks adjacent to
interior property lines required;
zero to 10-foot wide landscaped setbacks adjacent to the east
property line with two vehicular access driveways proposed to
encroach into the setback area to provide for reciprocal access
to the adjacent property to the east)
(b) Sections 18.48.130.060.0601(d) - Permitted number of wall siqns and Sign Standard Matrix
and 18.48.130.060.0604 repuirements.
(r~axamurxi--o~e business identifcation wall siqn-per building or
storefront permitted;
two business identification wall signs proposed)
2. That waiver (a), interior structural setback and yard requirements, is hereby denied on
the basis that purpose for the request is to allow two reciprocal access driveways to encroach into the
interior setback area with the intent of providing for vehicular access from the subject property to
Manchester Avenue via the adjacent property to the east (the Anaheim Resort Transportation Center);
that the submitted evidence does not identify any special circumstances applicable to the property such
as size, shape, topography, location or surroundings which would preclude the subject property from
installing an on-site driveway to access Manchester Avenue; that strict application of the Zoning Code
would not deprive the property of privileges enjoyed by other properties under identical zoning
classification in the vicinity because Code permits similar parcels with up to 300 feet of frontage to have
one driveway per street frontage and, therefore, in addition to the existing driveway on Harbor Boulevard,
one new driveway could be provided to access Manchester Avenue provided that the driveway is located
a minimum distance of 75 feet from the street corner and a minimum of 40 feet from the driveway on the
adjacent property to the east; and that the submitted site plan can be redesigned to accommodate an on-
site driveway to Manchester Avenue.
3. That the evidence submitted to justify waiver (a) does not support the petitioner's position
that re~i~r4~~1 c.iriv~w~y ~~~e~~ would enhance earking circulation be#w~en #h~ $ub;eGt oroo~r#y ~nd the
adjacent property; and that the City Traffic and Transportation Manager has approved a temporary
parking lot plan for the transportation facility to the east of subject property and, in approving said plan,
the westernmost driveway on the adjacent property (the driveway immediately adjacent to subject
property) was designated as an inbound driveway only and no exits are permitted via said driveway and,
therefore, if the proposed reciprocal access driveway is provided between the restaurant site (subject
property) and the transportation facility (adjacent property), there could be conflicts with the operation of
the inbound driveway; and, in addition, reciprocal access driveways could result in transportation facility
tra~c using the subject property to access Harbor Boulevard, which access is not recommended by the
City Traffic and Transportation Manager, nor was it approved as part of the temporary transportation
facility parking lot plan.
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4. That waiver (b), permitted number of wall signs and Sign Standard Matrix requirements,
is hereby approved on the basis that there are special circumstances applicable to the property consisting
of size, location and surroundings, which do not apply to other identically zoned properties in the vicinity,
because the property is a corner lot with frontages on two major streets (Harbor Boulevard and
Manchester Avenue); that the Zoning Code typically permits all properties in the Anaheim ResortTM'
Specific Plan Area to install one wall sign per business or storefront oriented toward the adjacent street
frontage; that strict application of the Zoning Code would deprive the property of reasonable business
identification because subject property has two street frontages and one wall sign would not be su~cient
to provide reasonable identification visible to both adjacent streets; and that installation of the two
proposed wall signs, in the locations identified on the submitted plans, would provide the restaurant with
business identification visible to both Harbor Boulevard and Manchester Avenue, with only one sign being
visible to a public right-of-way or adjacent property at a time.
5. That the proposed semi-enclosed restaurant will not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located because outdoor
pedestrian-related activities (i.e., outdoor dining areas) are encouraged by the Anaheim ResortT"" Specific
Plan and the proposed outdoor dining and waiting areas are integrated into the design of the building and
screened by landscaping in conformance with Code requirements.
6. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
7. That the traffic generated by the proposed use will not impose an undue burden upon the
stFeets a~d hig~ways-desigr~ed and improved to carry the t~affic ir~ ~he area because tk~e pFOpos~d use,
including denial of the waiver pertaining to the interior setback requirements, complies with the site
development standards set forth in the Specific Plan including the required number of parking spaces.
8. That granting of this conditional use permit, as approved and under the conditions
imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City
of Anaheim.
9. 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 construct a new 6,581 square-foot full-service, semi-
enclosed restaurant with waivers of interior structural setback and yard requirements, and permitted
number of wall signs and Sign Standards Matrix requirements on a 1.5-acre rectangularly-shaped
property located at the southeast corner of Manchester Avenue and Harbor Boulevard, having frontages
of 293 feet on the south side of Manchester Avenue and 252 feet on the east side of Harbor Boulevard,
and further described as 1400 South Harbor Boutevard; and does hereby determine that the previously-
certified Environmental Impact Report No. 313 and Mitigation Monitoring Plan No. 039 (which was
prepared for the proposed project incorporating all mitigation measures included in the Anaheim Resort
Soecifc Pl~n Mitia~tion MQnitoring Program No_ 0085 that are apolicable to the oroiectl are adeoua#e to
serve as the required environmental documentation for this proposal.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, subject to 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:
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That the property owner/developer shall be responsible for compliance with all the mitigation
measures set forth in Mitigation Monitoring Plan No. 039 created specifically for this project, and for
complying with the monitoring and reporting requirements established by the City in compliance with
Section 21081.6 of the Public Resources Code. Furthermore, the property owner/developer shall be
responsible for any direct costs associated with the monitoring and reporting requirements to ensure
implementation of those mitigation measures identified in Mitigation Monitoring Plan No. 039 which
is made a part of these conditions of approval by reference.
2. That the property owner/developer shall comply with Condition Nos. 2, 6, 7, 8, 10, 12, 13, 14, 15, 16,
17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 41, as set forth in
Ordinance No. 5454 adopted by the City Council on September 27, 1994 in connection with the
adoption of the Anaheim Resort Specific Plan No. 92-2 (Ordinance No. 5454 is on file and available
for public review in the Planning Department); and that said conditions are incorporated herein by
reference as if set forth in their entirety.
3. That prior to the issuance of the first grading permit or building permit, a Lot Line Adjustment
consolidating all the parcels which comprise the subject property into one (4) parcel shall be
submitted to the Public Works Department, Subdivision Section, for review and approval by the City
Engineer and then recorded in the Office of the Orange County Recorder's Officer.
4. That prior to the approval of a Lot Line Adjustment, vehicular access rights to all public streets
adjacent to subject property, except at approved access points, shall be released and relinquished to
the City of Anaheim.
5. That-pFior-ta iss~ar~Ee of the first b~ilding-per-mit, the easeFn~nts IaEa~~d aEross #he proposed
building footprint shall be terminated by CalTrans and quit-claimed back to the property owner; and
that evidence thereof shall be submitted to the Public Works Department, Subdivision Section.
6. That prior to the issuance of the first building permit or within one (1) year from the date of this
resolution, whichever occurs first, the property owner shall submit a tetter to the Planning
Department requesting termination of the following (which no longer exist):
Conditional Use Permit No. 874 - to permit an indoor theater and restaurant south and east of the
southeast corner of Manchester Ave. and Harbor Blvd.,
Conditional Use Permit No. 2293 - to retain an automobile agency at 1400 S. Harbor Blvd.,
Conditional Use Permit No. 3182 - to convert a motion picture theater to a live pertormance theater
at 1414 S. Harbor Blvd.,
Variance No. 635 - for a service station and restaurant at the southeast corner of Manchester Ave.
and Harbor Blvd.,
Variance No. 1938 - waiving the minimum number of parking spaces for a theater and restaurant
south and east of the southeast corner of Manchester Ave. and Harbor Blvd.,
Variance No. 1964 - waiving maximum sign height, maximum sign area and permitted location for a
freestanding sign at 1414 S. Harbor Blvd., and
Variance No. 2281 - waiving maximum aggregate sign area, maximum number of signs, minimum
distance befinreen sians and oermitted sign location for an additional freestantiing sign ~Qu#h ~nc~
east of the southeast corner of Manchester Ave. and Harbor Slvd.
7. That any on-site pay telephones shall be located inside the building.
8. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and approved by the Planning Commission
(including corrections to delete the two (2) proposed reciprocal access driveways located adjacent to
the east property line and to replace said driveways with a minimum ten (10) foot wide landscaped
area adjacent to the east property line), which plans are on file with the Planning Department
marked Exhibit Nos. 1 through 20, and as conditioned herein.
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9. 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 RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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 at the Planning Commission meeting of
April 23, 2001. ~.r., n n
CHAIRPERSOIN, ANa~i~IM C~`l`Y PLANNING COMMISSION
ATTEST:
0 ~e9~-~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
__ _ . STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, 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 April 23, 2001, 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 3 I day of
1rt1 , 2001.
0 sbe~. ~-- ~./
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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