PC 76-263~ ~
RESOLUTION N0. PC76-2~3
A RESOLUTIOM OF TNE AN~HEIM CITY PL/1NNIN~ CQNMISSION
THAT PETITIO~J FOR COtJDITIO~IAL USE PERMIT PlQ. 1fi72 BE ~RANTED.
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit'from PHILLIPS PETROLEUM COMPA~IY, ih23 Security
Life Builcling, Denver. Colorado 80202 (Qwner); CHARLES E. QUINETTE, 2~11 E. La Palma
Avenue, Anaheim, California 92$OF (Agent) of certaln real property situated in the
City of Anaheim, County of Orange, State of California described as:
THE EAST 200.Q0 FEET OF THE NORTH 190.Q0 FEET OF THf. NORTHEAST QUARTER OF TH[~
SOUTHEAST QUIIRTER OF THE NORTHEAST QUARTER OF SELTION 13, TOIJtISHIP ~1 SOUTH. R11~l~E
11 WEST, IN THE RA~JCHO LOS COYOTES, IN THF CITY OF ANANEIM, CoUNTY OF ORADlr,~~,
STATE OF CALIFOR~IIA~ AS Sl11D SECTION IS SH~I~'N ON 1 MAP REC~RDED IN BOOK 51 PA~F
il OF MISCELLANEOUS 11APS, I~J THE OFFICE OF TNE COUNTY,RECORDER OF 5AID LOUPITY.
WI'EREAS, the City Planning Commission did hold a pubiic hearing at the ~:ity
1!all in the City of Anaheim on December 2Q, 1976, at 1:3~ P•m., ~otice of said p~blic
he~ring haviny been duty given as required by law and in accordance w(tfi thr;
provisions of the Anaheim Hunicipal Code, Chapter iS.Q3, to hear and consider
evidence for and against said proposed conditional use and to investigate and maV:e
findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due tnspection, investigaticn and study made
by itself and in its behalf, and after due consideration of all evidence and rep~,rts
offered at ~•aid hearing, does find and determi~e the foiloaiing facts:
1, ?hat the proposed u;r. ts properly one for which a condir,tonai use
permit is authorized by t1unicipal Code Section i(3.~~4.OS0.010 to w(t: permit on-sale
beer and wine in r,onjunction with a propused restaurant.
2. That ihe proposed use will not adversely affect the adJoining land uses
and the growih and de•~elopment of the area in o~hich it is proposed .to be locat.ed.
3. 7hat the size and shape of the site proposed f~r the use is ade:quate~ to
allow the ful) developmen; of the proposed ~se in a manner not detrimental to the
particular area nor t~ the oeace, health, safety, and general welfare of the. CYtizens
of r.he City of Anaheim.
1i. That the granting of the Conditional tlse Permlt under the conditicros
imposed, if any, will not be detrimental to the peace, health, safety and general
welfare of the Citizens of the Cir:y of Anaheim.
5. That the petitioner _~tipulated to prov'iding a 1Q-foc,t wirle landscap~~d
buffer strip adjacent to the west property line, said strip to be densely planted
wi:h tree on 10-foct centers to e`fectively screen the adJe,cent single-family
residences from potential disturbances generated by the proposed use.
6. That the petitioner stipulated to closing the t~uo (2) existing~
driveways on the subject property which are closest to the inter•secticm of Magn~lia
,4venue and Rroadway, and to replacing said driveways with standard cur•bs, gutters and
sidewalks.
7. That the petitioner stipulated ti-at the driv~way on Magnolia /lvenue
shall be located no closer than 110 feet to the curb prnlongacton at the intersection
of Magnolia Avenue and Broad~~ay and that the driveway en Br~~adway will be located a
minlmum of 115 feet from the center of said driveway to the curb prolongation at the
intersection of Nagnotia Avenue and Broadway to provide adequete space for the 10-
font wide landscaped buffer along the westerly proper~ty line.
8. That no one indicated their pres~nce at said public hearing in
opposition; and that no correspondence was received in apposition to subJect
petition.
ENVIRONMENTAL IMPACT REPORT FINDING: That the Anaheim City Planning
Commissfori does hereby recorrenend to the City Co~~ncil of the City of Anaheim that a
negative declaration from the requlrement to prepare an environmental Impact report
be approved for the subJect proJect, pursuant to the provisions of the California
Envtronmental Qualtty Act.
RESOLUTION N0. PC76-253
0
NOIJ, THEREFORE, BE IT
does hereby grant sub,ject Petition
conditions which are hereby found
of the subject property in order to
Litizens of the City of Anaheim:
~
RESf1LVED that the Anaheim City Planning CommEssion
for Conditional Use Permit, upon the follo~ving
to he a necessary prerequisite to the rroposed use
preserve the safety and general welfare of the
1. That the o~aner(s) of subJect property stiall deed Lo the City of Anaheim
a 15-foot ra~ius property liie return.
2. That the owner(s) of suhject property shall oay to the City of Anaheim
the sum of $2.00 per front foot along Broadway and Magnolia Avenue for street
!ighting purposes.
3. That the owner(s) of suhject property shali pay to the City of Anaheir~
the sum of sixty cents (60~) per front foot along Broadway and Magnolia Avenue for
tree planting purposes.
~i. That the undergrounJ gasoline storage tanks shall either be removed or
filled with sand as approved by the Gity of Anaheim Fire Department.
5. Tha[ a letter shall be submttted by the property owner requesting
termination of Conditional Use Pernit No. 603.
6. That subject proper[y shall be developed substantially in accordance
with plans and specificattons on file with the City of Anaheim marked Exhibit Nos. 1
through 5; proviaed, however, that a 10-foot :•ride landsr,aoed buffer strip consi~ting
of dense landcaping with trees on iQ-foot centers shall b~ provided adJacent to the
west propcrty line, as stipulated to by the petitioner, and plans for said
landscaping shall be submitted to the Pl~nning Department for review and approval;
that the two (2) existing driveways located closest to the intersection of Magnolia
Avenue and Broadway shall be closed and replaced wtth standard curbs, gutters,
sidewalks, and landscaping; that the driveway o~ Magnolia Avenue shall be located no
closer than I10 feet to the curb prolongation at the intersection of Maqnolla Avenue
and Breadway and that the driveway on Broadway sha11 be located a minlmum cf 115 from
the center of said drlve~•~ay to the curb pralongation at the intersection of Magnolia
Avenue and Broadway.
7. That Condition Nos. 1, 2, 3 and 5, above-mentloned, shall be complied
with prior to the commencement of the activity authortzed under tliis resolution, or
prior to the time that the bullding permit is issued~ or tvithin a period of ene year
from date hereof, whichever occurs ftrst, or such further tirne as the Planning
Commission and/or City Councfl may grartt.
ft. That Condition Nos. h and 6, above-mentioned~ shall he comalied with
prior to final b~ilding and zoning i~spections.
THE FOREGOIN~ RESOLUTION is signed
Decr;mber, 197h.
ATTEST:
O~~,e,~~
SECRETARY, ANAHEIM CITY PI_t1NNING COMMISSION
and a~proved y m~~ this 20th day of
1
CKA I RHA ANAHE I iCt: Y P~q~IN I ~~~QM , I 55 I OH
/
-2- RESQLUTIQN N0. PL7~-263
~ ~
STATE OF Cl1LIFORNIA )
COUNTY OF ORANGE )ss.
CITY OF ANAHEIM )
I~ Patricia B, Scanlan, Secretary of the Anaheim City Planning Commission,
do hereby certify tha! the foregoing resolution ~aas passed and adopted at a meetinq
of the Anaheim City Planning Commission. held on December 20, t976, at 1:3~ P.m., by
r.he followtng vote of the members thereof:
AYES: COMf11551oNER5: BARhIES~ fARAPlO~ HERBST, KINr,, MORLEY, TOLAR, JOH~ISON
NOES: CQMMISSIONERS: NONE
ABSENT; COMMISSIONERS: NONE
197E.
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of December
~Q.~i~i~~~'GCLic~-sc~
3ECRETARY~ ANANEIM CITY PLANt~INf CONMISSI~N
_g_ RESOLUTION N0, PC76-263