PC 79-209RESOLUTION p0. PC79-20?
A RESOLUT10~7 OF THE ANAHEIM LITY PLANNING LOHH15510N
TIiAT PETITION FOR COHOITIONAL USE PERMIT !70. 2028 BE G4l~NTEO
WHEREAS, the Anahclm Lity Planning Commisslon did receive a verified
Petition for Londitlonal Use Pernit from ALPRED A. HOLVE At1D SONS, INC., P. 0. Box
416, Lindsay, California, 9321~7, owner, and SAN OSAOCNE. P. 0. Box 3212, Newport
Beach, California 92663, agent, of certain real property situated in thP City of
Anaheim, County of Orange, State of Calffornia, descrtbed as:
THAT Pt~RTION OF THE SOUTNEAST QUARTER OF TNE SCUTHEAST QUAP.TFR OF
SECT IOtI 20, TOI.RISH I P~i SOUThI, RAtlGE 1 Q UEST, i N TNE RA`lCHO LOS
COYOTES, IN THE CITY OF ANAHEIM, LOUNTY OF ORAt1GE, STATE OF
CALIFORNIA, AS Tt1E SOUTNEAST QUARTER OF SAID SECTIOt7 20 IS SHOWN
ON t1 NAP FILED IiJ BOOK 17 PAGE 27, OF RECORD OF SURVEYS, IN TNE
OFFICE OF THE COUNTY P.ECORDER OF SAID COU~dTY, DESCRIDFD AS
FOLLOWS: BEGINNING AT THE SOUTII~AST CORNER OF SAID SECTIO!1 20;
TIIEDICE iJEST b73.9 FEET TO A POINT 20 ItJCHES EAST Of 7F'E SOUTH EtJD
OF CENE~IT PIPE LIt1E, SAID POINT BEING ALSO THE SOUTHEAST CORNER OF
TNE LAND DESCRIBED It~ DEED TO OTTO F. SCHROEDER, RECORDED MAY 26,
1914 I~~ DOOY. 248 PAGE 355, OF DEEDS OF SAID COUNTY; THEtJCE NORTH
67b FEE7 TO A P01 NT ON THE SOUTfI L fl~E OF THE LAt~D DESLR 1 BE~J I N
DEED TO 0. W. NUF1T RECORDEO SEPTEMBEit 5, 5890 itl BOOK 8 PAGE 184,
OF DEEDS OF SAID COUt~TY, AT THE ~~ORTHEAST CORNER OF CEME~IT 1JATER
60X; THENCE EAST 678.9 FEET TO TNE EAST LINE OF SAID SECTIQN 20;
TNcNCE SOUTH 67G FEET TO THE POINT OF BEGINtIIfIG. EXCEPT THOSE
PORTIONS INCLUDED IN TRACT N0. 2176, AS PER MAP RECOR~ED 1~~ BOOY.
59 PAGES 3t~ AND 35, ~F MISCELLANEOUS MAPS, I~7 THE OFFILE OF THE
COUf~TY P,ECORDER OF SAID COUNTY, AND INCLUDEO It~ TRACT t~0. 2217, AS
PER MAP REL~RDED IN BOOK 61 PAGES 30 A`~D 31. OF MISf,ELLAt~E0U5 MAPS
IN THE OFFICE OF TliE COUIlTY RECORDCR OF SAID COU~ITY,
WHERE~15, the City Planning Cortunission did hold a public hearing a[ the City
Hall in the City of Anaheim on Oc[ober 22, 197~, at 1:3~ p.m., notice of said public
hearing haviny been duiy given as required by law and In accordance with the
provisions of the Anaheim Municipal Code, Chapter 12.03, to hear and consi~er
evidence for and against satd propesed conditional use permit and to investigate and
make findings and recommenda[ions in connection thererrith; and
UFiEREAS, saTd Commission, after due inspectio~, investigation and s[udy 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 ts properly one for r~hich a conditional use
permit Is authorized by Anaheim ~tunicipal Code Section 18.44.050.010 to wit: to
permit on-sale alcoholic baverages and expanstan of an exlsting restaurant with
waivcrs of the following:
Pc79-zo9
SECTION 18.~t4.062.t~1i - Maxinum structural heiqht.
- ~ ~~~ eet perm tted;
1~23 fee[ prop~sedj
5[CTlOtt 18.44.053.~~+0 - Minimun side ard set6ack
~0 e'~ et requ re ;
eet proposed)
2, That the proposed use is hereby grantcd subJect to ihe petitioner's
stipulation at the public hearing to remove an existfng `ence and trailers from the
rear of the property.
3. That the above-mentioned waivers are hereby granted on the basis that
Che non-conforming bullding is e~tsting and the proposed expansion is to thc rear of
the building and ~aill not render the property any more non-conforming than currently
exists.
4. That the proposed use: will not adverscly affect the adJoining land uses
and the growth and development af t:he area in which it is proposed to be located.
S. That the size and shzipe of thc site proposed for the use is adequate to
allow the full development of the proposed use in a manner not detrimental to the
par[icular area nor to the pe~ce. health, safety, and general rrelfare of the Litizens
of the City of Anaheim.
6, That the granting of the Conditional Use Perni[ under the condicions
Tmposed, if any, will not be detrtmental to the peace, health. safety and 9eneral
welfare of the Citizens of the City of Anaheim.
7, That the traffic gencrated by the proposed use will not impose an undue
burden upon the stre;:ts and highways designed and tmproved to carry the traffic in
thc area.
$, That no one inJicated their presence at s~1d p~bllc hearin; 3n
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRO~JHENTAL IMPACT FIPIDING: That the AnaheTm City Planning Lomnission has
reviewed the proposal to permit on-sale alcoholic beverages and expansion of an
existing restaurant with waivcrs of maximum structural height and minimum stde yard
setback un a rectangularly-shaped parcet of land consisting of approximately 2.3
acres located at the northwest corner of Katella Avenue and Euc11d Street, havln9 a
frontage of approximat~ely 350 feet on the north side oF Katella Avenue and a frontage
of 333 feet on the we,[ side of Euclid Street; and does hereby approve the NegatTve
Declaratlon from the requtrement to prepare an environmental lmpact report on the
basis that there would be no signlficant indivldual or cumulatlve adverse
envTronnental impacC due to the approva! of this Mega[ive Declaratlon stnce the
Anaheim General Plan designetes the subJect property for general commercial land uses
commensurate with [he proposal; that no sensttlve environmental impacts are involved
in the proposal; that the Inittal Study submitted by the petitioner indicates no
_p_ PC79-209
,,
significant indlvfdual or cunulative adverse environmental impacts; and that the
Negative Declaration substantlating thc foregoing findings is on `ile in the City o`
A~aheim Planning Department.
N041, TNEREFORE, BE IT RESOLVED that the Anahcim City Planning Comnission
iioes hereby grant subJect Petition for Conditional Use Permit, upon the followin9
conditions ~afiich are hereby found to be a necessary prerequisite [o the preposed use
of the subJect property in order to preservc the safety and gencral welfare of the
Citizens of the City of Anaheim:
1, That the owner(s) of subjec[ proper[y shall oay to the City of Anaheim
a fee, in an amount as determined by the City Council, for street lighting along
Katella Avenue and Euclid Street.
2, That the owncr(s) of subJect property shall pay to the Gity of Ananeim
a fee, in an amount as detcrmined by the City Councfl, for tree plan[ing purposes
along Katella Avenue and Euclid StreeC.
3. 7ha[ trash s[orage areas shall be provided in accordance with aporoved
plans on file with the Office of the Executive Director of Public Works.
4. That subJect propr.rty sha~l be served by u~derground uttiities.
5, That drainage of subject property shatl be disposed of in a manner
satisfactory to the City Engineer.
6. That the owner(s) of subject property shall pay the :raffic signal
assessment fee (Ordinance No. 3a9d? in an arrount as determ?ned hy the Lity Council,
for commercial buildings prior to the issuance of a buildTng permit.
7, That t:he restaurant shall conply wtth all signing requirrments of the
LL Zone.
8. Tha[ sui:_ject property shall be developed substar.tially in accordance
with plans and speclficaClons on file with the City of Anaheim marked Exhibit Nos. 1,
2 and 3•
9. That Londition Nos. 1 and 2, above-mentT~ned, shall be complied Hith
prior to the commencelnent of the activity authorized under thts resolutTon, or prior
to thc time that the buildTng permit is issued, or aithin a period of one year from
date hereof, whfchever occurs first, or such further time as the Planning Ccxnmission
may grant.
10. 7hat Condition kos. 3, 4r 5. 7 and 8, above-menttoned, shall be
complied with prior to flnal bullding and zoning inspections.
BE IT FURTt~ER RES~LVEO that the Anaheim CTty Planning Commission does hereby
find and dctermine that adoptTon of thfs Resolution ls expressly predicated upon
applica~t's compliance with each and all oF the conditions hereina6ove set for[h.
Should any such conditio~, or any part thereof, be declared invatid or unenforceable
-3- PC79-209
:;~
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 is signed and approved by me this 22nd day of
October, 1974.
~~~~ / ~~+-~a~
CHAIRMAN, ANAHEIti CITY PLAtINING COMMISSION
ATT::ST:
~~t-~. I ~~
SECRETARY, A'IAHc IM C ITY PLAtlN I tJG CQMH I SS I OP~
STATE OF CALIFOR'~IA )
COUtiTY OF ORANGE D ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim Gity Pi:.nning Carmission~ do
hereby certify that the foregotng resolution was passed and adopted at a meeting of
the Anaheim City Planning Cornmission held on October 22, Sq79~ by [he following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES~ BUSHORE~ DA'JID~ FRY, HEREiST~ TOLAR
NOES: COMHISSIQNERS: ~lOflE
ABSEtIT: COMNiSSIOt~ERS: KI~JG
1979.
IN WITNESS WNEREOF~ I havc hercunto set my hand Lhis 22nd day af October,
`~~ .7_° ~.,~,:.
SECRETARY, AldAfiE1M CITY PlA°IN~Nf, ~pM!1155f0!1
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