PC 85-120RESOLUTIOPJ NO. PC85-120
A RESOLUTION OF THE ANAHEIb1 CITY PLANNING COMMISSION
THAT PETITION FOR CCNDITIONAL USL•' PERMIT N0. 2679 BE G~A[JTED~ IN PART
W~iEREAS, the Anaheim City Planning Commission did receive a ver.ified
Petition for Conditional Use Permit from SYNOD OF SOUT[IERN CALIFORNIA AND
HAwAII, .L501 Wilshire Boulevard, Los Angeles, California 90017, owner, and
VICTUR CONSTRUCTION CODIPANY, 3445 East La Palma Aver.ue, hnaheim, California
92806, owne~s of ceetain real property situaced in the City of. Anaheim, Ccunty
of Orange, State uf Caliiornia, described as Eollows:
ALL THAT CERTAIN LAND SITUATED I[d THE STATE OF CALIFORNIA,
COUtdTY UF ORANGE, CITY OF AIJAHEIM, LYING WITHIN A PORTION OF
PARCEL 1~ AS SHCWN ON THAT CERTAIN "L'JT LItdE ADJUST6IENT PLAT
6b' RECORDED 24 SEPTEMBER 1981 ItJ BOOK 14231, PAGE 1429~ OC
UPPICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE [dOST BASTERLY CORNER OF SAID PARCEL 1 AS
SEIOhN ON SAID "LUT LINE ADJUSTt1ENT'; THENCG NORTH 32° 52' 42"
iJE3T 103.00 FEET; THENCE NORTH 62° 29' 42" 47EST 136.00 FEET
TO THE TRUE POINT OF BEGINNING; T[!ENCE NORTH 62° 29' 42" WEST
243.45 FEET; 1'HENCE NORTH 42° 39' 42" WEST 165.44 FEET TO A
YOiNT IN A CURVE, CONCAVE NORTHWGSTERLY, HAVING A RADIUS OF
211~,00 FEE2'; A RADIAL LINE BFARING NQRTH 39° 30' 44" WEST
PASSES TEiROUGH SAIll POINT; TI3E;NCE NORTHWE5TERLY. ALONG SAIll
CURVB THROUGH A CENTRAL ANGLE OF 04° 39' S1" AP~ ARC DISTANCE
GF 168.70 FEET TO A POINT OF REVERSE CURVATUV~, SAID REVERSE
CURVE: BESNG CON~.AVE SUUTHEASTERLY, HAVING A RADIOS UF' 25.00
FEET; A kAllIAL LINE ~IEARING NORTH ::5° 00' 23" WEST PASSES
THROUGH SAID POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY
ALONG S7,ID CURVE TF3ROUGH A CENTRAL ANGLE OF 92° 06' 34" AN
ARC DIS1'ANCE OF 40.19 FEET TO A TANGENT LINE; THENCE ALONG
SAID TANGENT LINE SOUTH 36° 06' S6' EAST 378.25 FEET; THENCE
[dORTH 53° 28' 35" EAST 46.00 FEET; THENCE NORTH 3%° 06' 56"
Wi:Si' St~.U(1 Fe.~i'; iiiaNC~ [J"vRTi-i 53' ~~' 3Fi" ii.ST 92.00 FEfii;
THENCE NORTH 2y° 08' 04' EAST 193.28 FEET TO THE TRUE POINT
OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Centec in the City of Anaheim on April 15, 19fi5 at 1:30 o.m., r.ctice
of said public hearing having been duly yiven 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 sai~ proposed reclassification
and to investigate and make findings and zecommendal•ions in connection
therewith; said public hearing having t~een continued to the Planning
Commission meeting of Ma,y 13, 1985; and
WHEREAS, said Commissi.on, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all
evidence anc3 reports offer.ed at said hearing, does find and determine the
following Eacts:
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use permitl•is authurizedrbyoA aheirz~ Piunicipal1CodeeSeccion118.44 U50.OlOnto
wit: ta permit a retail center with on-sale alcoholic beverages in an enclosed
restaurant with waivecs of the following;
(a) SECT_ I_pN 1g,05.091.010 - Maximum number of sians
AND 18.84.062,U40 (one free,tandin4 sian
sl ns proposed) Permitted; two
(b) SECTION 18.05.091.011 - Maximum number of siqn displav s
AND 18,84,062.040 r - urfaces_
(~~_ e s~_rfece permitted; two sla~es proposed)
(c) SECTION 18.05.091.012 - Required sian placement
AND 18.g4.062.U4U (Parallel to and mounted on 36 inch hi h wall
required; two freestandinq monur~ent siqns
proposed)
(d) SECTION 18.05.091.019 - Plaximum sian area
AND 18.84.OG2.040 (20 square feet
-~_ permitted; 24 and 168 square
feet proposed)
(e) SECTION 18.84.062.011 - btinimum building setback
(100 feec required adiacent to Santa Ana
Can1`aa, gp feet proposed) r
2. That tt~e requested waiver (a) is hereby denied on the baais that
the petitioner stipulated at the public hearing to eliminate one of the
proposed identificat_on siyns, thereby deleting the need for said waiver.
3. That tne requested waivers (b), (c) and (d) are hereby granted,
in part, to perm~L one treestanding identificah_ion monument sign with a
disp.lay area of 168 square feet to be located at the southeast corner of Santa
Ana Canyon Road and Cairmont Boulevard at a location and height approved by
the City Traffic Engineer; on the basis that the:e ~re s~.ecial circumstances
uNblicable to the property such as size, shape, topograph,y, locat_ion and
surroundings which do not apply to other identically zoned property in ~he
same vicinity; and that strict application of the Zoning Code deprives the
property of privileges enjoyed by other p~operties in the identical zone and
classification in the vicinity,
4. That the requested waiver (e) is hereby granted on the basis thac
there are special circumstances applicable to tt~e property such as si2e,
shape, topography, location and surroundings which do not apply to other
identically zoned property in the same vicinity; and that strict application
of the Zoning Code deprives the property of privileges enjoyed by other
properties in :.he identical zone and classification in t:~e vicinity.
5. That tt;e proposed use will not adversely affect the adjoining
land uses and the growth and ~3evelopment of the area in which it is proposed
to be located.
6. That the size and shaoe of the site proposed for the use is
adeq~ate to allow the fu.il 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 uE Anaheim.
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7. That the gcantin9 of tYie Conditional Use Permit undec the
condition~ imposed, if any, will not be detr.imental to the peace, health,
safety and genecal welface of the Ci`izens of the City of Anaheim.
t3. That the r.raffic genera~ed b s des i noe osavd uimproved nco carryethe
undue burden upon the stceets and highway. 9
traffic in the a~ea.
9. That no one indicated their pres~~nce at said public heacing in
oppusition; and that no correspondence was rE^eived in opposition to the
s~~bject petition.
ENVIRUNMENTAL Ib1PAC'P FINDING: .hat the Anahei~~; City Planning
Commission has reviewed the pcoposal to reclassify sub~ect pcoperty from the
RS-A-43,000(SC) (Resid?ntial/Agricultural, Scenic Corrio:+r Overlay) Zone to
the CL(SC1 (Commercial, Limited, scenic Corridor Over:ay) or a less intense
zone to permit a retail ce;~tec with on-sale alcoholic beveray°s in an enclosed
restaurant with waivers of maximum number of signs, maximum number of sign
display surface, required sign placenient, maximum sign acea and min-mum
buildin9 setback and removal of six (6) specimen tre°s on an
irregularly-shaped parcel of land consisting of a~proximately 2.4 acres
located at the southeast cornec of Santa Ana Can.on Road and Feitmont
Boulevard; and does hereby a~pcove the Negative Decla~ation upon findi~:g that
~t has considered the Negative Declacation together with any comments rec~ived
during the public review process and Eurthec findin; on the basis of t_he
initial study and any comments ceceived that there is no su5si•antial eviden::e
that the project will have a siynificant eff.ect on the envi[onment.
NOW, THEREFOP.E, BE ?T RESOLVEU that the Anaheim City Planning
Commissio~ does hereby gcant subject Petition for Conditional Use Permit, upon
the following conditions which a~e hereby found to be a necessary prerequisite
to the proposed use of the subject propecty in o~der to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
1. That this ~~auiliui,ui li:;c Perr..it :s ~ranted subject to the adoption
of the Zoning Ordinance ir, connection with Reclassification No.
84-85-33, now pending.
2. That the owner of subject property shall pay to the City of Anaheim a
fee for tree plantin9 Furposes along Fairmont Boulevacd and Santa Ana
Canyon Road in a~i amount as determined by the City Council.
3. That prior to issuance of a building permit, the appcopriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
amount as deter:nined by the City Council for new commercial buildings.
4. That prior te app~oval of a gcading plan, the owner of subject
property ci~all pay the appropriate drainage assessment fees to the
Cit~• of Anaheim in an amount as determined by the City Enginee!.
5. :hat drainage of subJect propezty shall be uisposed of in a manner
satisfactory to the City Enqineer.
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6. That in the event subject property is to be d.ivided for the purpose of
sale, lease, or financing, a parcel map to record the approved division
oF subject property ahall be submitted to and approved by the City of
Anaheim and then be recorded in toe office of the Orange County Recorder.
7. That prior to commencement of structucal fr.aming, fire hydrants shall be
in~talled and charged as required and determined to be nacessary by the
Chief of thc Fire Department.
8. That trash storage areas shall be provided and maintained in accordance
with approved plans oa file with the Stceet Maintenance and Sanitation
Division.
9. That all driveways shall be cons'~ructed to accommodate ten (10) foot
~ radius curb retucns as required by the City Traffic Engineer.
10. That any pedestrian walkways between cubject ~roperty and the property
immediately to the south sha.Ll be reviewed and approved by the City
Traffic Engineec.
11. That a reciprocal vehicular acc:ess and patl:ing agreement, between subject
property and the property immediately to the south, in a form
satisfactory to the City Attorney shall be recorded with the Office of
the Orange County Recorder. A copy of the rscor.ded agreement shall then
be submitted to the Planning Department.
12. That in the event a portion of Che E1 Rancho Junior High School property,
locaLed east of subject property, is utilized for parking or vehicular
circulation purposes serving subject properly, a vehicular access and
parking agreement between the sch~~l and subject pcoperty shall be
recorded with the Office of the orange Count; Recorder. Said agreement
sha.ll be reviewed and approvec' by the City Attorney, and a cop,y of the
recorded agreement sha'!1 be subinitted to the Planning Department.
13. Thar an~ ~p~~l;,~~u Ziee cemoval shall be s~ibject to the tree preservation
regulations in Chapter 18.84 ot the Anaheim Dfunicipal Cude, the "SC'
Scenic Corridor Overlay Zone.
14. That the fire and storm drain access driveways shall be surfaced in a
manner acceptable to the Fire C~epartment and Street Maintenan~e and
Sanitation Division.
15. That gates shall not be installed across any driveway in a manner which
may adversely affect vehicular traffic in the adjacent public streets.
Insta.llation of any gates within a distance of forty {qp) feet from said
public street rights-of-way shall be sebject to the review and approval
of the City Traffic Engineer.
16. That subject property shall be serve~ by unc~erground utilities.
17. That fire sprinklers shall be installed as required by the City Fire
hiarshall.
18. That all air conditioniny facilities shall be proFerly shielded from view.
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19. That, as sj~ecified in Anaheim Municipal Code Section Plo. 18.84.062.J32,
no coof-mounted equipment, whatsoevex, shatl be permitted.
20. That subjc:ct property shall be developed sub~tantially in accordance with
plans and specifications on file with the City of Anaheim marked Revision
No. 1 of Exhibi.;: No. i and Exhibit hos. 2 through 5; provided, however
that only one free-standing 'monument" sign shall be permitted with a
maximum display acea of 168 square tt~t and located at the southeast
corner of Santa A~ia Canyon Road and Fairmort Boulevard.
21. That prior to issuance of a building permit, or within a period of one
year feom the date of this resolution, whichever occurs first, Condition
Nos. 1, 2, 3, 6, 10, 11 and 12, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in
accordance with 5ection 18.03.090 of the Anaheim Municipal Code.
22. That prior to final building and zoning inspectiors, :ondition Nos. 5, 8,
9, 13, 14, 15, 16, 17, 18 and 20, above-mentioned, shall be complied with.
BE IT FURTHEP. RESOLVED that the Anaheim Cit~~ Planning Commission does
he:eby find and determine that adoption of this Resolution is expressly predicated
upon applicanL's compliance with each and all of the conditions hereinabove set
furth. Should any such conditions, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent juri~diction, then
this Resulution, and any approvals herein contained, shall be deemed null and void.
THE r^OREGOING RF.SOLUTION is signed~and approved by me th?s 13th day of
Dlay, 1985. I ~
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` CFiA3RMAN, ANAHE ht ~ITY PLANNING COMMISSIUN
ATT~ST:
n !~. ~ /~C.f(M~~
SECRETAR , ANAHEIPI CITY PLANNING COMPIISSION
STATE OF CALIFORNIA ;
COUNTY OF ORANGE ) ss.
CI'l'i OF ANAHEIM )
I, L•'dith L. Elarris, Secretary of the Anaheim City Planning Commission,
do hereby certify that the foregoing resolution was passed anc adopted at a
meeting ot the An~iheim City Planning Commission held on May 13, 1985, by the
following vote of the members the:eof:
AYES: CUMMISSIONERS: BOUAS, FRY, HERBST, KING~ LA CLAIRE~ MC BURNEY
NOBS: COIdMISSIONERS: NONE
ABSE~NT: COMMISSIONERS: BUSHORE
IN Wii'NESS WHERE06', I Have hereunto set rtiy hand Lhis 13th day of May,
1985.
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St;CRETARY, ANAEIEIM CITY PLANNING COMMISSION
PC85-120
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