PC 85-255RESOLUTION NO. PC85-255
A RESOLUTION OF THE ANAHEIM CITY PLANNING COh1MISSZON
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2739 BE GRANTED~ IN PART
WFIEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Petmit ftom ROBER~ HOSTELLER, 1661 West Katella
Avenue, Anaheim, California 92802, owner, and OBE7AG OF Cp,LIFORNIA, 1700 East
Garey Avenue, Suice 102, Santa Ana, California 92705, ATTN: EDWARDS RALPH,
agent .Eor certain real property situated in the City of Anaheim, County of
Orange, State oE California, described as:
THE SOUTH 70 FEET OF THE NORT[i 613.06 FEET OF THE EAST 410.82
FEET OF THE FOLLOIaIYG DESCRIBED LAND:
BEGINNING AT A POINT ON THE EAST OF SECTION 18, TOWNSHIP 4
SOUTH, RANGE 10 WEST~ RANCHO LOS COYO'PES~ IN THE CITY OF
ANAHEIM~ COUt~TY OF ORANGE~ STATE OF CALIFORNIA, AS SEIOWN ON A
MAP RECURDF.D IN BOOK 51~ PAGE 10~ G1I5CELLANEOUS MAPS~ RECORDS OF
SAID ORAI~GE COUNTY, 50 CF:AINS NORTH OF THE SOUTHEAST CORNER OF
SAID SECTION, AND RUNNING THENCE WEST d.77 CHAZNS; THENCE NORTH
11.41 CHAINS; TNENCE EAST 8.77 CHAINS; THENCE 11.41 CHAINS TO
TkiE POINT OF BEGINNING.
~XCEPTING AN UNDIVIDED ONE-HALF INTEREST IN ALL OZL, GAS AND
OTHER HYDROCARBON SUBSTANCES IN~ ON OR UNDER SAID LAND~ AS
RESERVED BY AN AGREEMENT AATED NOVEMBER 8, 1948 AND RECORDED
DECEMBER 29~ 1948~ IN BOOK 1780, 2AGE 349~ OFFICIAL RECORDS~ BUT
WITHOUT TF{E SURFACE RTGHTS THERETO TO A DEPTH OF 500 FEET.
WHBRF.AS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on November 25, 1985, at 1:30 p.m.,
notice of said public hearing having been duly given as required by law and in
acco~dance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to i,c~c ar~cl cousiciec evidence foc ana against said ptoposed conditional use
permit and to investigate and make findings and recammenbations in connection
therewith; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consid_ration of all
evidence and ceports offered at said hearing, does find and determine the
following .facts:
1. That thc proposed use is propecly one Lor which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.44.050.300 to wit:
to permit a walk-up restaurant in conjunction with an existing cocktail lonnge
and with waiver of:
SF.CTIONS 18.06.050.0233, - Minimum number of parkinq spaces.
18.06.050.0264,
18.06.080 AND
18.44.066.050
2. That the requested waiver is }iereby denied on the basis that
revised plans submitted subsequent to legaJ. advertisement deleted the need for
said waiver.
0662r PC85-255
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3. That the proposed use will not adversely affect the adjoining
land uses and the growth and development of the acea in which it is proposed
to be located.
4. Tt~at 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 nct
detrimental to the particular area noe to the peace, health, safety and
general welface of the Citizens of the City of Anaheim.
5. That the yranting of the Conditional Use Permit under the
conditions imposed, if any, will not be detrimental to the peace, health,
safety ar~d general welfare of the Citizens oE the City of Anaheim.
6. That the traffic generated by the proposed use will not iripose 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.
ENVIRONMENTAL IMYACT FINDIN~: Tha~ the Anaheim City Planning
Commission has reviewed the proposal to permit a walk-up restaurant in
connection with an existing cocktail lounge on a rectangularly-shaped parcel
of land consisting of approximately 0.56 acre, having a frontage of
approximate:y 7U feet on the west side of Brookhurst Street, and further
desr,ribed as 913 South Brookhu:st Street (Sherwood Inn); and does hereby
approve the Negative Declaration upon finding that it has considered the
Negative Declaration together with any comments received during the public
ceview proeess and fucther finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant efEect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject petition for Conditional Use Permit, upon
Gt,c Loiluwinci cuuciitions wnicn are hereey tound 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 prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
amount as determined b; the City Council for new comir,ercial buildings.
2. That ctreet lighting facilities along Brookhurst Street shall be
installed as required by the Utilities General Msnager in accordance
with specifications on file in the OfEice of. Utilities General
Manager, and that security in the form of a tond, certificate of
depusit, letter of credit, or cash, in an amount and form
satisiactory to the City of Anaheim, shall be posted with the City to
guarantee the satisfactory completion of the above-mentioned
improvements. Said security shali be posted with the City of Anaheim
prior to issuance of building permits. The above-required
improvements shall be installed prior to occupancy.
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3. That the owner af subject propecty shall pay to the City of Anaheim a
fee for tcee planting Purposes alung Bcookhurst S~reet in an amount as
determined by the City Council.
4. That the existing 6-foot high block wall adjacent ko the westerly
property line st,all be permanently maintained.
5. That subject property shall be developed substantially in accoce'ance
with plan~ and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 through 4.
6. That prior to issuance of a buildir.g pernit, oc withi~ a period of one
year fcom the date of this resolution, whichever occurs first,
Condition Nos. 1, 2, and 3, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted
in accordance with Section 18.03.090 of the Anaheim Municipal Code.
7. That prior to final building and zoning inspections, Condition Nos. 2
and 5, above-mentioned, shall be complied with.
BE IT F'URTHER RESOLVED that the Anaheim City Planning Commission does
heceby find and determine that adoptior of this Resolution is expressly
predicated upon applican~'s compliance with each and all of the conditions
hereinabove set Eorth. 5hould any such condition~, or any part thereof, be
declared invaizd or. unenfocceahl~ by the final judgment of any court of
competent jurisdiction, then this Reaolutiort, and any approvals herein
con*_ained, shall be deemed null and void.
THE FOREGOiNC RESOLUTiO~ is signed and zpp[oved by r° this 25th day of
November, 1985.
l~f_c*[~C..~.G,.,~., /' \G~J. CX LGC..L-! .
CHAIkWGMAN~ At7AHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY~ ANAHEIM CZTY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY UF ORANGE ) ss.
CITY OP ANAHESM )
I, Edith L. Harris, Sec~etary of the Anaheim City Planning Commission,
do hereby cettify that the foregoing resulution was passed and adopted 9t a
meeking of the Anaheim City Planning Commission held on November 25, 1985, by
the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, FRY, HERBST~ LA CLAIRE/ MC BURNEY, MESSE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIUNERS: LAWICKI
IN WITNESS WHEREOF, I Have her°unt:o set my hand this 25th day of
November, 1985.
~iy~~e.f,r~ ~~/fit-GQi
SECR6TARY~ ANAi1CIP1 CITY PLANNINC COP14fISSIOH -
-3- PC85-255
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