PC 82-129R~so~urior~ rio. PcBZ-tz9
A RESOLUT I Oht OF THE A~IAIIE I t1 C i TY PLAtJFI I NG C0~111 I;S I nni
Tifl1T PETITIOti FOR CO~JDITIOM/1L U5E P[RI11T i~Q. 2348 DE GRA!dTED
WHEREAS, the Analieim City Planning Commission did receive a verified
Petition for Conditional Use Permit from IPIPERIAL PROPERTIES, 31g8 Pullman,
Costa Mesa, California, 92u2G, otvner~ and LAh1PPOST PIZ7.A, 1585 Sunland Lane,
Costa 11esa, California 9262G, agent, of certain real property situated in the
City of Anaheim, County of Orange, State of California, descrihed as:
PARCEL 1:
711AT PORTIOPI GF LOT 4 Of TH[ DOMINGUEZ ESTATE, AS SFiQIJP! ON A
LICE~~SED SURV[YOR'S MAP FILED I~! [300K 2, PAGE 15 OF REC~RD OF
SURVEYS I~J TI1E OFFIC[ OF THE COU~JTY RECOP,~[R OF ORAPIGE COUtdTY,
CALIFORPIIA~ D[SCRIDED AS FOLLOlJS:
BEGI~~I~It~G AT TlIE SOUTHIJESTERLY CORilER OF TP,ACT N0. 7470, AS SHOW~!
0~~ A P1AP RECORDED ItJ f3001: 32G, PA(;ES 1~3, 1~, AND 20 OF
t11SCELLANE0U5 11APS, RECORDS OF SAID ORANGE COUFITY, BEING A POIMT
ON THE NORTH4IESTERLY LItJE OF THE SANTA AMA VALLEY IRRIGATION
COMPANY, AS D[SCRIE3ED IN DEED P,ECORDED MARCH 7, 194Q IP! 80DK 1033,
PAGE 362 OF OFFICIAL R[CORDS; THE"!C[ ALO~lG SAID NOP,TH!~lES7ERLY
Lt~dE~ SOUTH 74 D[GREES 1~~ 35" LJEST 507.09 FEET, N(1RTH 15 DEGREES
49' 25" WEST 3.~0 FEET, A1lD SOIJTIi 74 D[GREES 10' 35" WEST 298.59
F[ET TO THE SOUTH4iESTERLY CORNER OF TtiE LA~~D D[SCRI(3ED I~d DEED TO
1J. E, GLEASOhI AP1D WIFE, RECORDED t1AY 22, 1951 IN 8001: 2191, PAGE
22G OF SAID OFFICIAI RECORDS, BEITdG THE TRUE POINT OF BEGlNN1NG;
TfIEiJCE COt1TIhlUING AL01IG SAID t~ORTHIJESTERLY LlNE, SOl1Tf1 74 DEGREES
10' 35" WEST 71$.09 FFET TO TIIE BEGI~~PiI*JG OF A TANGE'IT CURVE
COFJCAVE NORTtIERLY HAVIHG A RADIUS OF 318.20 FEET, APID WESTERLY
ALOtIG SAID CURVE THROUGH A CENTRAL ANGLE OF 09 DEGREES 21' 14" AN
ARC DISTAPlCE OF 133.5~ FFET TO A POINT Otl TNE bIEST~RLY lINE ~F
SAID LOT 4, A RADIAL LINE OF SAID CURVE PASSIPJG THROUGN SAID POItdT
[3EARS SOUTH 06 D[GREES 28' 11" EAST; THENCE ALOPJG SAID WESTERLY
LINE, NORTIi 0 DEGREES 1G' 25" 4JEST 60g.25 FEET TO THE
SOUTfiIJESTERLY CORfJER OF THE LAND DESCRIGED IN DEED TO TNE STATE OF
CALIFORNIA, RECORDED FEf3RUARY 27, 196g It9 BOOK 88l35, PAGE 577 OF
OFFICIAL RECORDS; THENCE ALOPlG THE SOUTfiEASTERLY LINE OF SAID LAST
MEWTIOIJC•J LAND, NORTIi 70 DEGREES 23' 17" EAST 132.19 FEET, NORTH
60 DEGREES $2' O1" EAST 139,71 FEET, AP1D tJORTH ~o D[GREES 00~ 53"
EAST 179.57 FEET TO TfIE NORTHEASTERLY LINE OF SA1I1 LOT 4; THENCE
ALONG SAID fdORTHEASTERLY LINE, SOUTH 81 DEGRLES ;~~' 25" EAST
125.13 FEET, SOUTN 50 DEGREES 34' 25" ENST 132.00 FEET, AND SQUTH
65 DEGREES 19' 2$" EAST 1112.68 FEET TO TFIE NORTHWESTC•RLY CORMER OF
SAID LAND OF 4!, F, GLEASO~l; ThIENCE ALO!JG TtIE WESTERI_Y LINE OF SAID
LAST MElJTIOtJED LAND, SOUTH 03 DEGREES 22' 25" EAST <<G4,E~0 FEET TO
THE TRUE POINT OF BEGIIJf~ItJG,
WHEREAS, ttie City Planning Commission did hold a pul.~lic hearing at the City
Hall in the City of Anaheim on June 23, 1982, at 1:3~ P.m., notice of said public
hearing having been duly given as rec~uirAd by lav~ and in accordance with the
i
I
:i
{
I
W'i.'1=~t , .,... ..
Pcs2-~29
., f~
provisions of the Anaheim Municipal Code, Chapt~r 13.r.3, to hear and consider
evidence for and against said proposed conditional use pr_rmit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investi~ation 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 follov~ing facts:
1. That the proposed use is properly one for~~rhtch a conditional use
permit is auti~orized by Anaheim Municipal Code Section 1R.44.05J.010 to wit:to permit
on-~ale beer and wine in a proposed restaurant with a~aiver of:
SECTIOt•! 18.06.060.U232 - Minimum number of arkin spaces
~930 proposed; 33 existing
2. That the requested waiver is hereby granted on the basis that tlie peak
hours of operation of the proposed restaurant (after 6:00 p.m.) are not the same as
most of the other businesses in the surrounding shopping center and, therefore,
adequate on-site parl:ing ~aill be available when needed.
3. That the proposed use will not adverseTy affect the adjoining land uses
and the grayth and development of the area in ~~hich it is proposed to be located.
4. 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 ncr to the peace, health, safety, and general welfare of the Citizens
of the City of Anaheim.
5. That the granting of the Conditional Use Permit under the conditions
irnposed, if any, will not be detrimental to the peace~ liealtli, safety and gen~ral
welfare of the Citizens of the City of Anaheim.
6, That thc traffic 9encrated by the preposed use ti~+ill not impose an undue
burden upon t}ie streets and highways designed and improved to carry the traffic in
the area.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
EtJVIRONf1EIJTAL IMPACT FIPJDIi~G: That the Anaheim City Planning Commission has
reviewed the proposal to permit on-sale beer and wine in a proposed restaurant on an
irregularly-shaped parcel of land consisting of approximately 10 acres having a
frontage of approximately 775 feet on the north side of Santa Ana Canyon Road, having
a maximum depth of approximately 63U feet and being located approximately 415 feet
east of the centerline of Imperial Highway (57G5G-li, 576gA Santa Ana Canyon Road);
and does hereby approve the Negative Declaration from the requirement to prepare an
environmental impact report on the basis tliat there would be no significant
individual or cumulative adverse environmental impact due to the ap~~ovat of thEs
Negative Declaration since tl~e Anaheim General Plan designates the su!:.;,:.~t property
for general commercial Iand uses in tF~e Scenic Corridor Overlay Zone commensurate
witli the proposal; tfiat no sensitive environmental impacts are involved in the
proposal; that ttie Initial Study submitted by the petitioner indicates no
st9nificant inciividual or cumulative adverse environmental impacts; and tfiat the
-2- PCB2-129
. ~
Negative Declaration substantiating tlie foregoing findin~s is on file in the City of
Anaheim Planning Department.
tJQW, TIiEREFORE, a[ 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 prr.requisite to the proposed use
of the subject property in order to preserve the safety and general welfare of the
Citizens of t(ie City of Anaheim:
1, That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
tJos. 1 and 2.
2. That Condition yo. 1, above-mentioned, shall be complied toith prior to final
building and zoning inspections.
3. That the hours of operation shall be from 11:00 a.m, to 11:00 p.m. Sunday
througli Thursday, and 11:00 a.m. to 1:O~J a.m. Friday and Saturday, with a
total of twenty (20) employees.
BE IT FURTfIER RESOLVED that the Anaheim C3ty Planninq 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.
Shoutd any such condition, or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of comoetent jurisdiction, then this Resolution,
ancl any approvals herein containeri, sliall be deerned null and void.
THE FOREGOItIG RESOLUTIOtJ is signed and approved by me this 2tith day of June,
19£32.
%~ ~• ~~yu,~',..,_"_
CHA 1 RhiP.N, AtlAHE I M C I TY PLANN I tJG CQ14ti I SS I OtJ
ATTEST:
9~1~%~%~~ _
SECRETARY PRO-TEMPORE
ANAHE IM C ITY PLAWtJ I tJG COh1Ml SS I 0~1
STATE OF CALIFORNIA )
COUtJTY OF ORANGE ) ss.
C ITY OF AtlAHE I14 )
I, Pamela H. Starnes, Secretary Pro-Tem of tlie Anaheim City Planning
Commission, do hereby certify that the foregoing resolution i~as passed and adopted at
a meeting of the Anaheim City Planning Commission held on June 28, 1~82, by th~
following vote of the members thereof:
AYES: CO!•1MISSIONERS: DARNES, DOUAS, BUSHORE, FRY, IiERDST, KI~Jr,, MC QUR~I[Y
NOES: COt•11115SIO~JERS: NO~~E
ABSENT: C011MISSIOPIERS: tIO;JE
IP! WIThd[SS tJF1ERE0F, I have hereunto set my hand this 23th day of June, 19?2.
~
SECRETARY PRO TEMPO E
A~dAhIE I Pt C I TY PLANN I NG COMM I SS I Ota
-3- PC82-129