PC 81-255RESOLUTION N0.
PC81 ®255
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2260 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from FIRST NATIONAL BANK OF ORANGE COUNTY, 770
Wilshire Boulevard, Los Angeles, California, 90017, owners, and ANTHONY STRAMMIELLO,
511 South State College Boulevard, Anaheim, California 92805, agent, of certain real
property situated in the City of Anaheim, County of Orange, State of California,
described as:
The land referred to in this report is situated in the State of
California, County of Orange and is described as follows:
That portion of Lot 14 of Anaheim Extension, as shown on a Survey
by William Hamel, a copy of which is filed in the office of the
County Recorder of said Orange County, in Book 3, Pages 163 and
following, entitled "Los Angeles County Maps ", shown as "not a
part of this Subdivision" on a Map of Tract No. 1607, recorded in
Book 59, Pages 43, 44 and 45 of Miscellaneous Maps, records of
said Orange County, bounded Northerly by the Southerly line of
East Santa Ana Street, 49.50 feet wide, Easterly by the Westerly
line of State College Boulevard (formerly Placentia Avenue) 60.00
feet wide, Southerly and Westerly by the Northerly and Westerly
line of Lots 104 through 116, as shown on a Map of said Tract No.
1697.
EXCEPTING THEREFROM that portion thereof described as follows:
Beginning at the Northeast corner of said Lot 14 being at the
intersection of the Southerly line of East Santa Ana Street and
the Westerly line of Placentia Avenue as shown on a Map of Tract
No. 1697 recorded in Book 59, Pages 43, 44 and 45 of Miscellaneous
Maps, in the office of the County Recorder of said Orange County;
thence South 7 32 09" West 135.00 feet along said South line
of East Santa Ana Street; thence Southeasterly at right angles
with said East Santa Ana Street to a line parallel with said
Southerly line of East Santa Ana Street and 130.00 feet Southerly
measured along said Westerly line of Placentia Avenue from said
Northeast corner of Lot 14; thence Northeasterly along said
parallel line to said Westerly line of Placentia Avenue; thence
North 0 10' 27°' East 130.00 feet along said Westerly line of
Placentia Avenue to the point of beginning.
ALSO EXCEPTING THEREFROM the Easterly 20.00 feet thereof, included
within State College Boulevard, formerly Placentia Avenue.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on December 14, 1981, at 1:30 p.m., notice of said public
hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation 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 determine the following facts:
1. That the proposed use is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.44.050.010 to wit: To
permit on -sale beer and wine in an existing drive-through restaurant.
2. That the proposed use will not adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed to be located.
3. 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
particular area nor to the peace, health, safety, and general welfare of the Citizens
of the City of Anaheim.
4. That the granting of the Conditional Use Permit under the conditions
imposed, if any, will not be detrimental to the peace, health, safety and general
welfare of the Citizens of the City of Anaheim.
5. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area.
6. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: The Planning Director or his authorized
representative has determined that the proposed project falls within the definition
of Categorical Exemptions, Class 1, as defined in the State EIR Guidelines and is,
therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following
conditions which are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1. That damaged and hazardous sidewalk and driveway shall be removed and
reconstructed along State College Boulevard as required by the City Engineer
and in accordance with standard plans and specifications on file in the
Office of the City Engineer.
2. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 through 3.
3. That Condition Nos. 1 and 2, above mentioned, shall be complied with prior
to final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance 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 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 14th day
December, 1981.
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
CHAIRMAN, ANAHEIM CITY P AWNING COMMISSION
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on December 14, 1981, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
1981.
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December,
rbxt ?
SECRETARY, ANAHEIM CITY PLANNING COMMISSION