PC 80-105RES~tJJTIOM r10. PC~3o-t~;
A RESOLUTIO~! OF ThIE F~tl~IIEIF! CITY PLA,PPJIPI~ CD!tlil$SI011
THAT P[TITIO!I FOR COI:OITIOt!AL !1SE PERHIT P1~. 70~•" BF r,R,q~!TFD
4lHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Perrit from JERRY WOhlr A^19 Rnc^,I.IE W~'I~, 17~~1 Miller
Drive, Tustin, California, Q263~, o~~mcrs, and A^!G~LO HIOIIP,F.4S, 32~12 Barque 4Jay, Dana
Point, Anaheim, California 9267.~, agent, of certain real property situatec in the
City of Anaheim, County of Oran9e, St~te of Califor~ia, descrihed as:
LOT 152 OF TRACT M0. 132~, AS PER !+„o.P RECO?D"D IF1 DO~Y, G?, PA,rE Ja3
OF MISCELLAPlEOUS MAPS, It! THE OFFICF OF THE Cf?Ui•1TY REC~RpFR OF
SAID COU"ITY. E„C[PT THAT POn,TIOt! THEREOF DESCRIRE~ AS FOLLOWS:
BEG I N~J I Nr AT TNE WFST TERM I''JUS OF THE !JO°,T4 L I NE OF S/1 I D LOT
IJHICH IS SHO!dN AS "IORTN 3~ D[G. 51' ~n~~ WEST 19~.~1 FFET, AFID
RU~Jt~lldr,; THEt~CE SOUTH 3Q DEG. 51' n0" EAST ALOPIG SAID LINf_ 15~.n1
FEET; THEPICE SOUTH 0 DEC,. 32' 3~" EAST PAP,ALLEL 4/1TH TFIE P~4TI~FI
OF TII[ b1EST LI~JE OF SAID LOT 11.4VI~Jf; SAI~ CEP~^I~lr, 1n~:,,~~ F~_ET;
THE'dCE MORTH (39 DEG, 51' :l~" 4lEST PAP,ALLEL l•!ITI! THE NORTN LINE OF
SAID LOT 33,71F FEET, F10RE OR LESS; THEFICF SO11TH (1 DE~. 3?." 3'1"
EAST 45.61 FEET; TNEtIC[ tIOpTH 39 pEG. 51' ~1~" WES7 PAP,ALLFL tdITH
THE ~JO"TH LINE OF SAID LOT APlD ITS l![STFRLY EXTE"lSI~N 1?_5 FEFT TO
THE WESTERLY LIPIE OF SAID LOT, SAID POINT OF IPITERS[C.TI0~1 BEING 0!!
A CUP,VE CONC/1VE NORTIIEASTEP,LY AWD HAV1"!G A ReDIUS OF 730.nn FEET,
A P.AD IAL L I NE AT SA I D PO I t!T BE/1R I°IG FlQP,TH II5 ~E6 . 51' 0:l" EAST;
THE~~CE NORTHERLY ALONG SAID CURV[ TfIROUGH A CEHTRRL ANGLE OF 3
DEG, 36~ 37", AM ARC DISTIINCE OF 4G.~0 FFET T(1 A LI~JE TA~I~ENT;
THEtJCE PIORTH 0 DEG. 32 ~ 30" WEST ALOPIG SA I D TAP~GEMT L I tIF, BE I MG
THE WEST L I t~E OF SA I D LOT, o~E, 50 FEET T~ TNE [3Ef I FJ^! I I1G OF A
TAP~GENT CURVE COPJCAVE SOIITHEASTERLY At1D fiAVINC /1 P.A~ILIS OF 15.!10
FEET, THElJCE NOP.THEASTERLY AIONG SAID CIIRVE THROUGN A CE'JTR4L
AFlr,LE OF g0 DEG. 1F1' 3~". ~~'~ AP,C DlST.41dCE OF 23.7~! FEET Tn ThIE
POINT OF BEGIN~JIidG, AS CONVEYED TO F, 5. 5. LAND CORP. BY DEE~
RECORDED JLFlE 6, 1953 IN BOQf: 6577, PAf,E ?1L OF OFFICIAL RECOROS,
WHEREAS, the City Planning Commission did hol~i a puhlic hearincl at the City
Nall in tne City of Anaheim on June 30, 1~tu0, at 1:3~ p.m., notice of said public
hearing liaving been duly given as required by lat•~ and in accordance with the
provisions of the Anaheim Municipal Code, Chanter 1`i.^3, to hear and consider
evidence for and against said proposed conditional use permit and t~ investiqate and
make findings and recommendations in c~nnection theretyith; and
IJ!ICREAS, said Conmission, aftcr due inspection, investigation and study made
by itself and in its heha~F, and after due consideration of all evidenc~ and reports
offered at said hearing, dces find and deterr~ine the folln~,~inn facts:
1. That the proposed use is properly one for~~~hlch a cond(ttonal use
permtt :s authorized by Aniheim Municipal Code Section 1£?.41~,n5r~,n1~ to wtt: to
permit on-sale of alcoholic be~~eraaes in an an existin~ restaurant ~,~ith a waiver of
the following:
PC~3o-105
SECTIOtI lc;,(16,OG0.!1231 - ~linimur~ number of parl:ing spaees.
.~t0i s ~ces r~quirrd;
2 s'i paces existin~)
2. That the proposed use is herehy granted suhject to the netit'oner~s
stipulations that th~, hours of operation shall be ~~:0~ a,m, to ?:On p,m, daily and
that alcoholic beverages a!ill be served only in conjunction ~~tth the serving of
meals.
3. That the requestrd o~aiver is h~re~y oranted on the hasis that the use
is existing and therF have been no parking problems, and on the hasis that there are
additional and avail~ble parking spaces on adjacent propcrty under the same ownership
at subj~ct property.
4. That the proposed use a~i11 not adversely affect the adjoining land uses
and the growth and development of the area in ~~iiich it is proposed to be located.
5. That the size 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
particutar area nor to the peace, health, safety, and general welfare of the Citizens
of the City of Anal~eim.
b. That the granting of the Conditional l~se Permit under the conditions
imposed, if any, viill not be detrimental to tha peace, nealth, safety and general
weifare of the Citizens of the City of Anaheim.
7. That the traffic generated hy the praposed use ~•~ill not impose an undue
burden upon the streets and high:•iays designed and improved to carry the traffic in
the area.
8. That no one indicated their presence at said public hearing in
opposition; and that no corrPSpondence was received in opposition to thP subjeet
petition.
EPlVIRO~IMEHTAL IMPACT FI~IDIN~: The Plannino ~irector or his a~rthorized
representative has deternined that the proposed project falls 1•rithin the defini*ion
of Categorical Exemptions, Class 1, as defined in Para9raph ,'. of the City of Anaheim
Environmental Impact Report Guidelines and is, therefore, cate9ortcally exempt from
the requirement to prepare a~ EIR.
NOW~ TtIEREFORE, BE IT RESOLVE~ that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional l!se PermTt, upor~ the following
conditions which are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order to preserv~ the safety and c~eneral arelfare of the
Citizens of the City of Anaheim:
1. That street lighting facilities along Briarwood Street s;~all be
installed a, required by the Office of Utilities General ~1ana~er, and in accordance
t•~ith specification= on file in the Office of Utilities General Hanaaer; andlor that
a bond, certificate of deposit, le:ter of credit, or cash, in an amount ar~d form
satisfactory to the City of Anahein shall be posted ~~ith the f,ity to guarantee the
installation of the ahove-menti~ned requirements ~rior to occupancy.
2, Tha; tl~e o~~mer(s) of suhject pro~erty shal{ pay to tiie City ~~ Anahei~
a fee, in an amount as determined by tlie City Council, for street liohting atong
Romneya Drive and East Street.
-z- Pc~~-to5
3. That the o~~ner(s) of suhject property ~hall oay to the City of Anaheim
a fee, in an amount as determined hy the City Council, for tree pl ntin~ purposes
along East Strcet, Briar~•~ood Street ~nd Pomneya brivc.
1=, That trish storage ;reas shall be previded in accordance with approved
plans on file ~~~ith the Office of the Executive Director of Puhlic ldor!;s.
>. That the o~•mer(s) of ,uhject property shall suhnit a letter requestin9
th~ termination of Variance tJos. °~t5 and 17.5~1 to the Plannir~ flepartment.
6. That suhject property shall be dev~ie~ed suhstanti~lly in accordance
with plans and specifications on file rrit5 the Ctty of /lnaheim marl:ed Exhibit Nos. 1
and 2.
7. That Condition "los. 1, ?, 3 and 5, ahove-mentioned, shall be complied
with prior to the conmencement of the activity authorized uncler this resolution, or
prior to the time that the building permit is issued, or a~ithin a period of one year
from date hereof, ti~rhichever occurs first, or such further time as the Planning
Commission may grant.
8. That Condition ~los. t~ and <,, ahove-mentione~i, shall be complied with
prtor to final i~uilding and zoning inspections.
BE IT fURTHER P.ESOLVED that the Anaheim City Planninn Commtssion does hereby
find and determine that adnption of this Resolution is exnressiy predicated upcn
applicant's compliance ~•~ith each and all of the c~nditions herPinabove set forth.
Should any such condition, or any part thereof, be declared invalld or unenforceable
by the final judgment of any court of cnnpetent jurisdiction, then this ?esolutPon,
and any approvals here?n contained, shall be deemed niill and v~id.
THF FORFGOING RF.SOt.liTln~! ~S ci~n~~ ?r~! ~p~r~"r.! ~.~ ^,. ~~j; '^~` daf c` June,
i98n. _ _
ATTEST:
1'~ s_, ~~~ ~ .
CHAIRi!0`1AN, A!!AHEIM CITY I.Q!IHI!J~ CO~~MISSIQN
_ ~~1.1~4 ~ i!~,~Q'/~-~i
SECRETFIRY, HAHEIM CITY PLAtIMI"!~ C0~4?ISSI0~1
-3- PC~3'1-105
ST~1TE OF CALIFOR~lIA )
COUhITY OF OR,4~IGE ) ss.
C ITY OF AIIAHE IF1 )
I, Edith L. Harris, Secretary of ttie .4naheim City Planntnn Co^~mission, do
hereby certify tfiat the fore9oing resolution v~as passeri and ad~p[pd at a meeting of
the Anaheim City Planning Conmission held on June 3~, 1?30~ by the following vote of
the members thereof:
AYES: CCMt~tISSI~rIERS: BAr,p:[S, DUS~!Of~F, FRY, HER~ST~ Y.ItI^, TOI.A°
MQES: CO'~111(SSIOIlERS: PJO'!E
ABSEMT: C014!11SSIONERS: P(0~7E
VACAPICY: 0^IE SE~T
IN W17PlCSS 41HEREOF, I ii~ve hereunto set ny hand this ?~th day of June, ih^0,
`~~ ~° L~l~,ti
SECP,ETlIR , A'l~HE 1 M C! Y L 4~1r! I tiG LOr1M I SS I Ofd
PCAt!-1 ~5