PC 85-125, . ,~, ~
RESOLUTION N0. PCE.S-125
A RESOLUTiON OF THE RNAHEIM CITY F'LANNING CUMMISSION
TltAT PETITION FOR CONDIT70NAL USE PERMIT NO. 2685 BE GRANTED
WHEREAS, the F~naheim City Planning Commission did receive a verified
Petition For Gonditional Use Permit from PHILIP G. De CARION, ET AL, 1682
Ketteringr Irvine, California 92714, owner and ARCHITECTS ORANGE, 144 North
Uranqe Street, Orange, Californ.ia 92666, ATTN: FREL 4lALTER, ~gent for certain
real property situated in the City of Anaheim, County of Orange, State of
California, described as:
A PARCEL UF LAND IN FRACTIONAL SECTION 9, TOk'NSHIP 4 SOUTH~
RANGE 9 WEST~ SAN HERNARDINO BASE AND MERIDIAN MORE
PARTICULARLY DESCRIBED AS FOLLUWS:
BEGINNING AT A POlNT ON THE WEST LINE OF SAID FRACTIONAL
SE;CTION 4~ 789.50 FE~:~ NORTH OF THE NORTHWEST CORNER OF LQT 4
OF SAID SECTION AND RUNNING~ THENCE NORTH ALONG THE WEST LINE
OF SAID SECTIUN, 182 F'EET; THENCE EAST, PARALLEL TO THE NORTH
LINE OF SAID LOT 4, 400 FEET TO AN ANGLE POINT DESCFTBED IN
THE DEED FROFI JUHN WALTER WALLS AND WIFE TO ANTHONY E. MC
LEAN AND WIFE, RECORDF.D SEPTEt•iBER 11~ 1935 IN BOOK 7G0, PAGE
380 OF OFFICiAL RECORDS; THENCE SOUTH, PARALLEL TO THE WES?
LINE OF SAID SECTIOIJ q, 182 FEET TO A POINT IN THE MOST
SOUTfiERLY LINE OF THE LAND DESCRIAED IN SP.ID DEED; TIIENCE
WEST~ PARAI,LEL TU THE NORTH LINE UF SAID LOT 4~ 400 FEET TO
THE POINT UF BEGINNING.
WHERE~S, Ehe City Plar,ning Commission did hold a pu6lic hearing at
the Civic Center in tP~e ~:ity of Anaheim on April 39, 1985, at 1:30 p.m.,
notice of said public heariny having been duly given as required by law and in
accordance with the provisions of khe Anaheim Municipal Code, Chapter 1E.03,
to hear and consiJar evidence for and against said proposed co~6itional use
permit and to investigate and make findings and recommendations in connection
therewith; said public hearing naviny been continned from the Planninr,
commission meeting ot May .13, 1985; and
WHEREAS, said Commission, after due inspe~:tion, investigation and
study made by itself and in its behalf, and after due consideration of all
evide~ice and reports offered at said hearing, does find and determine the
followiny facts:
1. That the proposed use is properly one for which a condicional
use permit is authorized by Anaheim Municipal Code Section 18.61.050.611 tc
wit: to expand a cestaurant and cocktail lounge with waivec of the followiiig:
SECTIONS 18.06.050.023~ - Minimum number of oarkin5 spaces.
18.D6.080 (154 s aces required; 11~ spaces proposed)
AN~ 1&.61.066.050
2• That the requested waiver is hereby granted on the basis that
the parking waiver will not cause an increas~ in t:afEic congestion in the
immediate vicinity nor adversely affect any adjoining land uses and granting
oP the parking waiver under the conditions imposed, if any, will not be
rietrimental to the peace, health, safety and yenecal ~«~elfare of the citizens
of the City of Anaheim.
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3• That the p:oposed use will not adversely affect the adjoining
land uses and the growth and developrnent oE the area in which it is proposed
to be located.
4. That the size and shape of the site proposed for the use is
adeguate to allow the full development of the proposed use i~i a manner not
detrimental to the particular area nor to the peace, health, safety and
general welfare of ~he Citizens oF tt~e City of Anaheim.
5, That the granting of the Conditional Use Permit under the
conditions imposed, if any, wil.l not bc~ detrimental to the peace, health,
safety and general welfare oE the Citizens of the City of Anaheim.
6. That the traffic generated by the proposed use will not impose
an u;idue burden upon the streets and highwayc designed and improved to carry
the traffic in the area.
7• 'Phat no one indicated their presence at said public hearing in
opposition; and that no correspondence was [eceived in opposition to the
subject petztion.
ENVIRONMENTAi, IFIPACT FINDING: That the Anaheim C;.ty Planning
Commission has reviewed the proposal to expand a re~taurant and cocktail
lounge wita waiver of minimum number of parking spaces on a
rectangularly-shaped parcel of land consisting of approximately 1.6 acres,
having a frontagc of appro~;imately 162 feet on the east side of Tustin Aver.ue;
and does hereby approve the Negative Declaration upon finding that it has
considered tt~e Negative DeclacaLion together with any comments received during
the public review process and further finding on the basis of the initial
~tudy and any comments received that there is no substantial evidertce that the
oroject will have a significant efEect on the environment.
NOW, THEkEFURE, BE IT F2ESOLVED thec the Anaheim City Planning
Commission does hereby grant ~ubject Petition for Conditional Use Permit, upon
the following c~~nditions which are hereby found to be a necessary prerequisite
to the proposed usa of r!.~ ~~,~,j~`~ YCGt:CiLS/ in urdec to preserve the safety
and general weltare of the Citizens of the City of Anaheim:
1. Ttiat prior to issuance of a building permit, the appropriate tsaffic
signal assessmeRt Eee shall be paid to the City of Anaheim in an
amount as deternined by the City Council for new commercial
buildings.
2. T4at the driveways shaLl be reconstructed to accommodate ten (10)
foot radius c~rb returns as required by the City Traffic Engineer.
3. That street lighting facilities along Tustin Avenue shall be
installed as required by the Utilities General Manager in accordance
with specifications on file in the Office ef Utilities General
Manager, and that security in the form of a bond, certificate of
deoosit, letter ot credit, or cash, in an amount and form
satisfactory to the City of Anaheim, shall be posted with the City
to gua:antee the satisfactory completion of the above-mentioned
improvements. Said security shall be pos~ed with the City of
Anaheim prior to issuance ot building permits. The above-required
improvements shall be installed prior to occupancy.
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4• That the vehicular access right~ to Tustin Avenue except at approved
access points, shall be dedicated to the City o£ Anaheim.
5• That prior to commencement of structural frama.ng, fire hydrants
shall pe installed and charged as required and determined to be
necessary by the Chief of the 'rire Department.
6• That fire sprinklers sha11 be i.nstalled as reguired by the City Fire
Marshall.
7• That trash stocage areas shall be provided and maintained in
accordance with approved plans on file with the Street Maintenance
and Sanitation Division.
8• ?'hat all air conditioning farilities and other roof and gtound
mounted equipment shall be properly shielded from view,
9. That the pzoposal shall comply with ali signing requirements of the
~IL Zone, unless a vaziance allowing sign waivers is approved by the
Planning Commission or City Council.
10. That the owner uf subject property shall submit a letter requesting
terrr,ination of Conditional Use Permit No. 1484 to the Planning
Lepar tr~ien t .
11. That subject property shall be developed substantially in accordance
with plans and specitications on file with the City of Anaheim
marked Exhibit Nos. 1 through 7,
i2. That prior to the commencement of the activity authori2ed unde.r this
resolution, or prior to issuance of a building permit, or wit'~in a
period ot ona year from the date of this resolution, w;~ichever
occ~~rs first, Condition Nos. 1, 3 and 4, above-mentione2., shall be
complied with. Extensions for £urther time to complete ~aid
conditions may be granted in acc~rdance with Section 18.03.090 of
the Anaheim t~tunicipal Code.
13. That prior to the commencement of the activity authorized under this
resolution, or final building and zoning inspections whichever
occurs fir.st, Condition Nos. 2, 6, 7, 8, 10 and 11, above-mentioned,
shall be comolied with.
bE IT FURTHER RESOLVED that the Anaheim City Planning Comrtiission
does hezeby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabove ~et forth. Should any such conditions, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court oF
competent jurisdiction, tiien thifi Resolution, and any approvals herein
contained, shall be deemed null and void.
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PC85-125
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THE FOR°GOZNG RESOLUTION is ~igned and ap coved by me this 13th day
of Ftay, 1985.
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CHAi-Rt1AN, ANAHEIFI CI Y PLANNING COMMISSIOtJ
ATTf;ST:
~'~ ,~°~.,,~
i SECRETARY~ ANAHL•'IM CITY PliANNING COt4D1ZSSI0N
STATE OF CALIPORNIA )
CUUNTY OF ORANGE ) ss.
CIT1' OF ANAHEIPI )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certiEy that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Comm:ssion held on May 13,
1985, by the following vote of the members thereof:
AYES: CUMDiISSIONERS: E30UAS, BUSHORE, FRY, HERBST, KING~ MC BURNEY
NUES: COMMSSSIONBRS: NQNE
ABSENT: COPiMISSIONEkS: LA CLAIRE
IN WITNESS 4!liEREOF, ~ Have hereunto seL my hand this 13th day of
Hay, 1485.
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SECRETARY, ANAHEIM CITY PLANNING COMMZSSION
'~- PC85-125