PC 82-167'^•, r a
RESOLUTION NO. PC82-167
A FtESOLUTION OF THE ANAHEIM CITY PLANNIDIG COMMISSTON
THAT PETITION FOR CONDITIONAL US~ PERMIT NO. 2372 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did re~eive a verified
Petition for Conditional Use Permit from IMPERIAL PROPERTZES, P. O. Box 2480,
Newport Beach, California 92660, owner and ALAN HOLMES, 2fi1 South Solomon
Drive, Anaheim, California, California 92807, agent of t,~rtain real property
situated in the City of Anaheim, County of Orange, State of California,
described as:
THAT PORTION OF LOT 4 OE T$E DOMINGUEZ ESTATE~ AS SHOWN ON
A LICENSED SURVEYOR'S MAP FILED IN BOOK 2, PAGE 15 OF
RECORD OF SURVEYS IN THE OFFICE OF iHE COUNTX RECORDER OF
ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF TRACT NO. 7h70, AS
SHOWN ON A MAP RECORDED IN BOOK 326, PAGES I8, 19, AND 20
OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, BEING
A POINT ON THE NORTHFIESTERLY LINE OF THE SANTA ANA VALLEY
IRRIGATION COMPANY, AS DESCRIHED IN DEED RECORDED MARCH 7,
1940 IN BOOK 1033~ PAGE 362 OF OFFICIAL RECORDS; THENCE
ALONG SAID N012THG7ESTERLY LINE SOUTH 74 DEGREES 10' 35" FIEST
507.09 FEET, NORTH 15 DEGREES 49' 25" WEST 3.00 FEET, AND
SOUTH 74 DEGREES 10' 35" W'EST 298.59 FEET TO THE
SOUTH~~TESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO W. F.
GLEASOTI AND WIFE, RECORDED b1AY 22, 1951 IN BOOK 2191, PAGE
226 OF SAID OFFICIAL RECORDS, BEING THE TRUE POINT OF
BEGINNING; THENCE, CONTINUING ALONG SAID NORTHWESTERLY
LINE, SOUTH 74 DEGREES 10' 35" WEST 715.09 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A
RADIUS OF 818.20 ~EET, d1ND WESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 09 DEGREES 21' 14" AN ARC
DISTANCE OF 133.58 FEET TO A POINT ON THE WESTERLY LINE OF
SAID LOT 4, A RADIAL LINE OF SAID CURVE PASSING THROUGH
SAID POINT HEARS SOUTH 06 DEGREES 28' 11" EAST; THENCE
ALONG SAID S~ESTERLY LINE NORTH 0 DEGREES 16' 25" WEST
609.25 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND
DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED
FEBRUARY 27~ 1969 IN BOOK 8885, PAGE 577 OF OFFICIAL
RECORDS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAST
MGNTIONED LAND, NORTH 70 DEGREES 23' 17" EAST 132.19 FEET,
NORTH 60 DEGR~ES 52' O1" EAST 189.71 FEET AND NORTH 56
DEGREES 00' S3" EAST 179.51 FEET TO THE NORTHEASTEI2LY LINE
OF SAID LOT 4; THENCE ALONG SAID NORTHEASTERL~C LINE, SOUTH
81 DEGREES 34' 25" EAST 125.13 FEET, SOUTH 50 DEGREES 34'
25" EAST 132.00 FEET, AND SOUTH 65 DEGREES 19' 25" EAST
142.68 FEE'i' TO THE NORTHWESTERLY CORNER OF SAID LAI1D OF W.
F. GLEASON; THENCE, ALONG THE LJ~:STERLY LINE OF SAID LAST
MENTIONED LAND, SOUTH 03 DEGREES 22' 25" EAST 454.60 FEET
TO THE TRUE POINT OF BEGINNING.
~01981 PC82-167
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WHEREAS, the City Planning Commission did hold a public
hearing at the City Hall in th~ City of Anaheim on September 8,
1982, 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
WfiEREAS, 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 18.44.050.300 to wit: to permit a walk-up window at an
existing restaurant with waiver of:
SECTIONS 18.06.060.023.1 - Minimum number of parking spaces
18.06.060.0233 -(938 to 968 spaces required;
18.44.066.050 - 830 spaces existing}
2. That the requested waiver is hereby granted on the
basis that parking needs will actually decrease with the proposed
walk-up window because customer fl~w will be faster.
3. 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.
4. That the size and shape of the S1LP. proposed for the
use is adequate to allow the full development of the proposed use in
a nanner not detrimental to the particuZar area nor to the peace,
health, safety and general welfare of the Citizens nf the City of
Anaheim.
5. 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.
6. 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.
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.
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ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit a walk-up window at an existing
restaurant with waiver of minimum number of parking spaces on an
irregiilarly-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, and further described as 5781 Santa Ana Canyon Road; and does hereby
approve t2ie Negative Declaration from the requirement to prepare an
enviromental impact report on the basis that there wculd be no significant
individual or cumulative adverse environmental impact due to the approval of
this ~Qegative Declaration since the Anaheim General Plan designates the
subject property ~~i qeneral commercial land uses commensurates with the
proposal; that no sensitive environmental impacts are involved in the
proposal; that the Initial Study submitted by the petitioner indicates no
significant individual or cumulative adverse environmental impacts; and that
the Negative Declaration substantiating the foregoing findings is on file in
the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby qrant 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 subject property sh.:ll be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 through 4.
That Condition No. 1, above-mentioned, shall be complied with prior
to final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheir~ City Planr.ing 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 conditions, 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 8th day of
September, 1982.
A N, ANAHEIM CITY ING COMMISSION
ATTEST:
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S^CRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORPIIA )
COUNTY OF ORANGE j SS,
CITY OF AI7pHEIM )
2, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution was passed and
adopted at a iaeeting of the Anaheim City Planning Commission held on Septe~nber
8. 198z. by the following vote of the members thereof:
AYES: COMMI$SIONERS: BOliAS, BUSHORE, FRY~ HERBST, KING, MC BURNEY
NOES: COMMISSIONERS: NONE
AHSENT: COMMISSIONERS: LA CLAIRE
IN WITNESS WHEREOF, 2 have hereunto set my han3 this 8th day of
September, 19g2,
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SECRETARY, ANAF[EIM CITY PLANNING COMMISSION
-¢- PC82-167 I ~ i