PC 79-163t:c:
RESOLUTION N0. PC7q-163
A RESOLUTI~N OF TNE ANAHEIM CITY PLANNING COMti1S510N
THAT PETITION FOR CONDITIONAL USE PERMIT IlO. 20f17 BE GRANTED, it~ o1lRT
WHEREAS, the Anaheim City Pianning Cormisston dId recelve a verified
PetTtion for Conditlonal Use Permit from ROBERT P, IJARMIt~r,T~~1, 1F5°2 Hale, irvinc,
Caltfornia, 92714~ owner, and EL TORITO - LA FIESTA RESTAURANT~ INC.~ 55E, West Ba~er
Street A401, Costa Mesa, Californla 92626, agenc, of ceriain real property sTtuated
in the Clty of Anahelm~ County of Orange, State of Californla, described as:
Parcels 1~ 2 and 3, In thc Cfty of Rnahcin~ County of Orange~
State of California~ as shown on a Parcel Map filed In book 117
pages 19 and 20 of Parcei Maps, in the of';ce of tfie Councy
Recorder of said County.
WHEREAS. the CTty Planntng Commission did hold a public hearing at thc City
Hali in the City of Anaheim on August 13. 1°7^. at 1:3~ p,n.~ nocice of said public
hearing having been duly given as reauired by 1aK and tn accordance with the
provisions of the AnaheTm HunlcTpal Code, Chapter 18,Oj~ to hear and consTder
evide~ce for and agafnst sald proposed conditTonal use permit a~d to inves[igate and
make findings and recommendacions tn connectlon iherewTth; and
UHEREAS, said ~,,urm)ssion~ aftcr due inspectton. invcstigation and study made
by TLSeIf and in its behalf, a~d after duc considera[lon of alf evidence and reporLs
offered at sald hearing~ does flnd and detern+ine the folioaing facts:
1. That the preposed use Is properly one for which a conditlenal use
permit Is authorized by AnaheTm Municipal Code Sectton 1$,44.050,~)n ~Q ~(L; [a
permit on-saTe afcohofic beverages ln a restaurant aith waiver of:
SECTION 18.06.060.0232 - Ylinimum number of parkino spaces.
2. That [he requested waiver Ts hereby denied on thc basls that foliorring
publtc notTfication of this petitlon, revised ~lans were suCmltted delettng the
walvcr.
3. That the proposed use. as granted~ wTll n~t adverseTy affect the
ar'jolning land uses and [he gror~th and development of the area Tn which it Ts
praposed to be locaced,
4, That thc size and shape of the site proposed for the use~ as granted~
is adequate to allow che full dcvelopmcnt of the proposed use In a manner not
detrimentai to the particular area nor to the peace~ health~ safeiy~ and general
welfare of the Cftizens of thc City of Anaheim,
5. That thc Conditio~al Use Permit. as granted~ and under thG condltlons
imposed~ Nill not be detrlmcnta) to [he pcace~ health~ safety and general welfare of
che Citizens of the City of Anahelm,
PC79-163
6. That thc [raff(c generated by the proposed use wTtl not impose an undue
burden upon the streets and highNays de,tgned and improved to carry the traffic Tn
the arca.
7. Thac no one indica[ed theTr presence at sald public hearfng in
opposi[lon; and [ha[ no correspondence was received in oppos(tlon to the subJect
pctTtion.
ENVIRONNENTAL IMPACT FINDING: That the Anaheim t(ty Planning Commission has
reviewed the proposa to perm t on-sale alcoholic beveragas tn a restaurant on a~
irregularly-shaped parcei of land consistTng of approximately 1.4 acres. having a
frontage of approximately 249 feei on che south side of Ball Road~ having a maximum
depth of approximately 268 fect. being located approximately 25~ feet east of the
centerltne of State College Boulcvard; and does hereby approve the Negative
Declaratlon from the requirenent [o prepare an envlronmental Impact report on the
basis [hat there would be no significant individual or cumulative adverse
environmental impac[ due to the approval of this 1legative Declaration sTnce the
Anaheim Gencral Plan designatcs the subJect Droperty for gencral commcrclal land uses
commensurate Hith the proposai; that no sensltive environmental impacts are involved
in the proposal; that the Initial S[udy submittcd by the petitloncr indicates no
signTficant individual or cunulative adverse envTron.~nenial Impacts; and that the
NegaLivc Declaration substantiating the foreeotng f(Rdings !s on fFtc in the CfEy ~f
Anaheim Planning Department.
NON~ TIIEREFORE, BE 1T RESOLVED that thc Anaheim City Planning Cannisslon
does herehy grant, in p~rt, subJect Peiition for Condlcional Use PermTt, upon the
fo11o-ving conditions which are hereby found to be a necessary prerequfsite to the
proposed usc of the subject property in order to preservc the safety and general
welfure of tie Ci~:Tzehs of the Ctty of AnaheTm:
~. Tha[ f)re hydrants shall be 3nstalled and charged as required and
determin~d to be necessary bv the Chief of th~ FisR ~.~~,-_,-~~~ artar La ca~cr,Enciyr,En~
of st:ructural fra,ning.
2. That suhJect prope~ty shall be developed suhstantlally tn accordance
Nith plans and specifications on fTle Mith thn Clty of Anahetn marked Exhibtt Nos. t
through 3. which are substantTaily the same plans es approved in connectlo~ -rith
Reclassificatfon ko. 76-77-50 (July 5~ 1977).
3. That trash storage areas shall be provTded In accordance wlth approved
plars on file wtth rhe Off?ce of the Director of PuhlTc Nork.s.
trucks from onehparceletoethe,othermshali9beemade withrthedoNners ofCUthe'~propertles
to ;he south. southwest and east; sald agreement shall be subnitted to the Ctty
Attorney's Office for review and approval~ and then be flled and recorded in the
Office of the Orange County Recorder.
S. That a perpetual mutual parking and access agrecr~ent wich the owners of
AttoPncy'~sCtOfficethfor urev(~MUtaM+estappdOV~e;stan~sha~en be fii dtanddreeordedelnCthc
Offlce of the Orange County Recorder.
-2- PC79^163
6. That Conditlon Nos. 4 and 5, above-mentioned, shali be compllsd Ntth
prlor to the commencement of the activTty authorized under this resolutlon, or prlor
to the timc that the building permlt ts issued, or wtthin a perlod of one year fran
date hereof~ whichever xcurs first, or such further time as the Plannino Cor~mTsslon
may grant.
7. That Conditlon ~~os. 2 and 3, above-mentToned~ shall be complicd wtth
pr(or to ftnal buTldi~g and zont~g Inspectto~s.
BE IT FURTHER RESOLVEO that the Anaheim City Planning Comrrlssion does hereby
find and determine thac the adoption of tfiis Resotution is expressly predicatsd upen
appiicant~s campllance Nith each and all of the conditions hereinabove set forth.
Shoutd any conditlon or any part thereof. be declared invalid or unenforceable by the
final Judgment of any court of competent Jurisdiccton. [hen thls Resolution. and any
approvals hcreTn contaTncd, shall Ee dcemed null and voTd.
TlfE FOREGOING P,ESOLUTIO~t Is stgned and approved 6y mc this 13th day of
August. 1979.
i~ ui~~ ~ ~~~_
M~TIR~HAN P,~ EM ORE
AyAt!EIH CiTY PLA-:NINr, COMr15510-1
ATTEST:
/,~ .~ ~~„_
SECRETA~,Y~ AYAHEIM G~TY LANNING CONMISSIO!1
STATE OF CALIFORq1A }
COUt~TY OF ORANGE ) ~s.
CITY OF ANAMEtM )
1~ Edith l. Harris. Secre[ary of the An~hGim Clty PlannTng Commtssion~ do
hsreby certTfy that the foregoing resolutio~ Nas passeB and adoptcd at a meeting of
the AnoheTm City Planning CammissTo~ held on August 13. 1979, at 1:;0 p,m,.by the
follavtng vo[e of the members thereef:
AYES: COMMISSI01lE~ZS: DAVID. FRY~ HERBST, KIN~. TCLAR
NOES: COt411SSI0NER5: NQtlE
ABSENT: COt1ltIS510NER5: BARNES. BUSHORE
Itt WITNESS UIHEREOF~ i have he~~to sc[ ~nd this 13tt. day of August. 1979.
~ECa AR ~ !S t ~ H,, riM ~T~-
-3- PC79-163