PC 79-110it'-" ~
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R[SOLU710N N0. PC79-110
A RESOLUTIO~~ OF THE ANAI3E:N LITY PLANt71!~G COHNISSIOH
TNkT PETITION FOR CONDITIONAL USE PERMIT t10. 1987 BE GRAFITED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permi[ fran DOMINIC C. ETCf1AtlDY, ET AL, in care of Elden
W. Bainbridge, 2800 South Main Street, Unit K, Santa Ana, California, 9z7f1?, owners,
and ELDE.N W. dAINBRIDGE, ?_8Q0 South Nain Street, Unit K, Santa Ana, California g2707,
agent, of certain rea] property situated in the Clty of Anaheim, County of Orange,
State of Callfornla, described as:
ThIAT PORTIOt~ OF TII[ NORTHNEST QUARTER OF fRACTI011kL SECTIOfI 4,
TOWIISHIP 4 SOUTH, RAWGE 9 WEST OF THE SAN [iERNARDINO MERIDIAPJ, IP~
TIIE CITY OF ANAHEIM, COUt~TY OF Of~AFIGE, STATE OF CALIFORNIA, AS PER
THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE,
DESCRIBED AS FOLLOwS: BEGINfIIrIG AT THE SOUTHwEST LOP,!1ER Of THE
NORTH4IEST QUARTER OF SAID SECTION; TIIEt:CE NOP,TH 2° 16' 30" EAST
78°.50 FEET ALOyG THE LJEST LINE OF SAI~J SECTIO~~ TO A POfNT It~ TNE
SOUTI~ LIFlE OF THF LAND CO~IVEYED TO PETER ALLEC, JR. AND ROEERT
JOHN ALLEC BY DEED RECOP.DEb MARCN, 2, 1928 IN BOOY. 1A0 PAGE 93 OF
OFFICIAL RECORDS, PRODULED WESTERLY, SAID POIt~T BEItlG AL50 IN THE
41ESTERLY EXTE~IS I OF! OF THE SOUTH L I r1E OF TNc LANp DESCR i BED I N THE
AGREENEPlT BETWEEti J. W, iJAl,LS AtlO WIFE A"aD GEORGE L[Mt;E AND k'IFE,
RECORDED fEFiRUARY 26, 1931 I~I DOCY. 45? PAGE 283 OF OFFICIAL
RELOP.DS; THENCE SOUTH 8f3° 27' 00" EAST 3G0.00 FEET PARALLEL WITN
THE SOUTfI LlflE OF SAID NORTH4/EST QUARTER; TH~NCE SOUTH 2° ib' 30"
WEST 789.50 FEET TO SAID SOUTH LIt~E; TNENCE NORTH 6~3° 7.7'00" NEST
36p.00 FEET ALOtJG SAID SOUTH IINE TO TNE POIPIT OF BEGINNItJf,
EXCEPT THEP,EFROH THAT PORTION DESCRIDE~ IN THE DEED TO THE STATE
OF CALIFORHIA, R[CORDED APRIL 5, 1gE7 IN BOOY, 8216 PAGE 857 OF
OFFICIAL RECORDS.
LJ!IEREAS, th~ LitY Planni~q Commission did hold a public h~arlnq at Lhc CiLy
Hall in the Clty of Anaheim on June 4, 1~79, at 1:30 p.m., notice of said pubiic
hearing having been duly given as required by iaw and in accordance with the
provisions of the Anahetm Municipal Code, Chapter 18.03, to hear and consider
evidence for and agalns[ said proposed conditional use and [o investigate and make
findinys and recommenda[ions in connectlon therewith; and
41HEREAS, said Commission, af[er due inspection, (nvesttgatlon 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 deternine the following facts:
1. That the proposed use is properly one for which a conditlonal use
permit is authortzed by Anahetm Munlcipal Code Section 18.(1.050.390 to wit: to
permit a restaurant arith on-sale beer and rrine.
2. That the proposed use is hereby granted subject to the petitloner's
stipulation a[ [he public hearing that the use is a sandwich ~hop and that [he
antlcipated hours of business shall be Q:00 a.m, to 4:00 p.m., Monday through Friday.
PC7q-110
3. That the proposed use will not adversely affect the ad;ointng land uses
and the growth and development of the area tn which it ts proposed to be located.
4. 7hat the stze and shape of the site proposed for 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 pcace, health, safety, and general welfare of the Cittzens
of the City of Anaheim.
5. That the granting of tlie Condltional Use Permit under the condltions
imposed, if any, will not be detstmental to the peacc, health, safety and general
welfare of thc Cltizens of the Clty of Anahelm.
~. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved [o carry the traffic in
the area.
7. That no one indica[ed their presence at said public hearing in
opposit(on; and that n~ correspondence was received tn oppositlon Co the subJect
petition.
ENVIRONNEtITAL IHPAC7 FI~IDI~~G: That the Anaheim Cfty Planning Commission has
reviewed [he proposal to permit a restaurant with the on-sale of beer and wine on in
irregularly-shaped parcel of land consisting of approxfmately 5•3 acres, havtng a
frontage of approximately 800 feet on the east side of Tusti~ Avenue, having a
mar,imum depth of approximately 360 feet, being located approximatr_ly 565 feet south
of the centerline of La Palma Avenuc; and does hereby approve the Nega[ive
Declaration from [he requirement to prepare an envtr~nmental impact report on ihe
basis that [here would be no signi`icant individual or cumulattve adverse
e~vironmental impact due to the approval of [hls t~egative Declaration since the
Anaheim Gencral Plan designates [hc subject property for general inrius[rial land uses
commensurate with the proposal; thai no sensitive environmental impac[s are involved
fn the proposal; that the Initial Study submitted by the petitioner indlcates no
signiffcant individual or cumulatlve adverse environmental Impacts; and that the
Nega[ive Declaration subs`cantiating the fore9oing findings is on filc 1n thc City of
Anahefm Planning Departmen[.
t~ON, THEREFORE, BE IT RESOLVED tha[ Cha Anahe(m Ci[y Planning Commtssion
does hereby grant subJect Peti[ton fpr LondiCional Use Permit, upon the following
conditions r~hich are hereby found to be a nccessary orerequisite to the proposed use
of thc subject property in order to preserve the safety and generat welfare of the
U tizens of the Clty of Rnaheim:
~. That the trash storage are7s shall be provided in accordance with
approved plans on file wlth the Office of the Oirector of Public 4lorks.
2. That the orrners of subJect property shall pay the difference betHeen
Che industrial and cormiercial traffic signal assessment fees (Ordinance No. 3896), in
the amount as determined by the City Cou~cil, prior to the issuance of a buildtng
permit.
3• That the proposed restaurant shall comply with all stgning requirements
of the ML Zone.
-2- PC7`.1-110
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4. That subJect property shall he developed substantially in accordance
with plans and specifications on file with the Lity of Anaheim markes Exhibit Nos. 1
through 3.
5. Tha[ Condition Nos. 1 and 4, above-mentloned, shall be complied with
prior to final building and zoning inspecttons.
BE IT FURTHER RESOLVED that the Anaheim City Pianning Comnission does hereby
find and determine that adoption of this Resolution ts expressly predicated upon
applicant's comptiance 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 ffnal judgment of any court of competent Jurisdictton, then this Resolution,
and any approvals heretn contained, shall be deemed null and void.
THE FOREGOINf, RFSOLUTIOt~ is signed and appr d b me this 4th day of June,
t979.
A RM , AMA , I C I TY IAFIN I NG COMM I 55 I ON
ATTEST:
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SECRETARY, At~AHEIh CITY PLAN~IING COMMISSION
STATE OF C/~L I FOR~! I A)
COUNTY OF ORANGF ) ss.
CITY OF AHAHEIM )
I, Edith L. Harris, Secretary af tne Anahe:n Ltty Planning Commission, do
hereby certify tha[ the foregoing resolution was passed and adopted at a meeting of
[he Anaheim City Planning Commission held on June 4, 1979, by the following vote of
[he members thereof:
AYES: COMr11SSIOtIERS: DAVID, JOHUSOtt, KING, TOLAR
NOES: COMNISSIONERS: BAR~dES, 9USHOfiE. HER35T
A85ENT: COM`1155IONERS: NO~dE
IN WITtlESS HHEREOF, I have hereunto set my hand thts 4th day of June, 197~.
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SECRETARY, ANANEI~i CITY PLANNING COMMISSION
-3- Pc79-~~0