PC 85-3RESOLUTION N0. PC85-03
A RESOLUTION OF THE ANAHEIM CSTY PLANNING COt4MZSSZON
THAT PF.TI1'ION FOR CONDITIONAL OSE PERMIT N0. 2542 BE GRAP]TED
WHEREiAS, the Anaheim City Planning Commission did receive a ver?fied
Petition Por Conditional Use Permit Erom LARRY R. SMITH AND JUDITH I. SMZTH,
17046 Marina Bay Drive, H~ntington Beach, California 92647, owners, and
RICHARD t10NS0UR, AKA DICK GnLE, 2296 Channel Road, Balboa, California 92661,
agent for cer.tain real prope:ty situated ?n the City of Anaheim, County of
Orange, State of Ca.lifornia, 9e~cribed as:
THAT PORTION OF THE SUUTHEAST QUARTER Ot THE SOUTHEAST
uUARTEIt OF SECTION 15, TOWNSHIP 4 SOUTH, RANGE 11 Y7EST, IN
TFiE RANCHO LOS COYOTGS, CITY OF ANAHEIM, COUNTY OF ORANGE~
SLATE OF CALIFURNIA, AS PER MAP RECORDED IN BOOY, 51 PAGE 11
OP MISCF.LLANEOUS MAPS~ ]:N THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
BECINNING AT THE SOUTHEAST CORNER OF SAID SECTION; THEtdCE
SOUTH 89° 36' WEST 248.02 FEET; THENCE NORTH 53° 24' WEST
ALONG THE PACIFIC ELECTI21'C RAILROAD RIGHT-OF-WAY 521.62 FEET;
THENCE NORTH 0° 13' WEST 72.95 FEET; THENCE idORTH 69° 36'
EAST 222.3 PEET TO THE IN2'ERSECTION WITH A LINE PARALLEL WITH
iHE EAST LINE OF' SAID SECTION AND DISTANT WESTERLY 443,00
FEET FROPI SAID EASTERLY LINE OF' SAID SECTION, SrIID
INTERSECTION REING T}lE TP.UE POZ.IT OP BEGINtdING; TyENCE
PARALLEL WITH SAID EAST LINE, SOOTH 0° 15' 45` EAST 170.G0
FEET; THENCE NOP.TH 89° 36' EAST 290.00 CEGT; 4'HENCE PARALLEL
WIT[3 SAID EAS1 LINE SUUTH 0° 15' d5" EAST 163.74 9EET TO A
LINE PARALLEL WITH AND DISTANT 53.U0 FEET t~URTHERLY FRON THE
CQURSE HERF.INBEFORE DESCRIBED AS "SOUT[i 89° 36' WEST 248.02
FEET`; TH~NCE PARALLEL WITH SAID COURSE~ NORTH 89° 36' EAST
20.U0 FEET TO THE WE.iTERLY LIN^c OF THE EAS'i'EFLY 183.00 FEEi
0` Sil::~ G~CT:Q.:; i1iE[vCi: nL'uIJG SNiL Wt5'lERLY LINE~ NORTH 0°
15' 45' [:~EST 163.74 FEET r0 A LINE PARALLEL WITH ArD DISTANT
SOU~HERLY 170.00 FEET FROM THL•' EASTERLY PP.OLONGATZO[~ OF THAT
CERTAT:v COURSE DESCRIBED ABOVE AS "NORTH 89° 36' EAST 22.%.3
FEET"; THENCE ALONG SAID PARALLEL LiNE NORTH 89° 35' EAST
13U.00 FEET TO A LItlE PARALLEL WITH AND DISTANT WES'PERLY
53.00 FCET FROM SAID EASTERLY LINE OF SAID SECTION; THENCE
ALONG SAID LAST DESCRIBED PARALLEL LINE NORTH 0° 15' 45"
W~ST 170.00 FE;ET TO A LINE WHICF! BEARS NORTH 89° 36' EAST
AND WHICH PASS;:S THROUGH THE TRUE POINT OF BEGINNING; THENCE
ALONG SAID LAST MENTION~'D LINE SOUTH t39° 36' WEST 390.00 FEET
TO THE TRUE POINT OF 6EGINNING.
NORTH 33.74 FEET OF THE SOUTEi 216.74 FEET OF THE EAST 183
FEET OF THE SOUTHEAST QUARTER OF SECTION 15~ TOWNSHIP 4
SOUTH, RANGE lt WEST~ SBB & M.
Y0400r PC85-03
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the Civic Cen ers,inththe 1City lof nAnaheimmonSDecembec h1Ua ].984 blat 1e30ing at
notice of said pub].ic hearing having been duly given as required by law a dmin
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and cousidec evidence for and against said proposed conditional use
permit and to investigate and make findings and cecommendations in connection
therewith; said public hearing l,~ving been continued to the Planning
Commission meeting of January 7, 1985; and
WHEREAS, said Cummission, after 9u~ 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
follow±ng facts:
1• That the pcoposed us~ is pcoperly one for which a conditional
use permit is authorzzed by Anaheim t9~~riicipal Code Section 18,a4.050.010 to
wit: to permit on-sale alcoholic beverages in a proposed restaurant.
2• That the proposed use will not adverseiy affect the adjoining
land uses and the yrowth and development of the area in which it is proposed
to be loca*_ed.
3• That the size and shape of the site proposed for tl~e use is
adeouate to allow the ful.i @evelopmrnt of the proPo~ed use in a manner not
detrimenral to the yarticular area nor to the peace, health, safety and
general welfare of the CiCizens of the City oF T.naheim.
4• That tne granting of thF Conditioral Use Permit under the
conditions impoy~:~, if any, will nnt ba detrimental to the peace, health,
safety nnd ge•nara,l welfa:e of ~he Citizens of the City of Anaheim.
5• That the cr.affic generated by the proposed use will not impose
an undue burden upon the streets and hignways designed and improved to carcv
t~e traffic in the area.
6• Ttiat no one indicated their presence at said public hearing in
opposition; ~~d that no correspondence was received in opposition to the
subjecr_ pet±tion.
ENVIROM6IENTAL IM°ACT FINDZNG: That the Anaheim City Planning
Commis~ion has ceyiewed the proposal to permit on-sale alcoholic beverages in
a proposed resta.urant on e irregularly-shaped parcel of land r.onsistinq of
aPProximately 1.6 acres lucated north and west of the north~~est corner of Bail
Road and Knott Strcet, and further described as 951 and 959 South Knott
Street; and does hereby approve the Neqative Declaratioa upon finding that it
has considered the Negative Declaratior. together with any comments received
during the public review process and further finding on the basis of the
initial study and any comnent< received that there is no substantial evidence
that the project will have a significant effect on the environment.
NOW, Tf1EREFORE, BE IT RGSOLVED thaE the Anaheim City Planning
Commission does hereby gr~nt subject Petition for Cond.itional Use Permit, upon
the following conclitions which are hereby found to be a necessary prerequisike
to the proposed use of the su~ject pruperty in order to preserve the safety
and general welfare of the Cit:,zans of the City of Anaheim:
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PC85-03
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1. That a perpetual easement agreement Eor a strip of land at least 25
feet wide for access purposes accoss the vacant property to the
southwest of subject property shall be submitted to the Planning
Department and then be transmitted to ti~e City Attorney's Office for
review and approval. The approved agreement shall then be filed and
recorded in the Office of the Orange County Recor9er. Proof of said
recordation shall then be farr.ished to the Planning Departmert.
2. That the parking lot shall be restriped to comply with the City of
Anaheim Parkinn Standards.
3. Thal all driveways on Knott Street shall be redesiyned to
accommodate ten (10) foot radius curb returns as required by the
City Tcaffic Engineer.
4. That fire sprinklecs shall be instal~ed as req~ired by *_he City Fire
Marshall.
5. That trash storage areas shall be provided and maintained in
accerdance with appro~,ed plans on fi~e with the Strect Dlaintenance
and Sanit3tion Div±sion.
6. That all air conditioniny [acilities shall be proFerly shielded from
view, and the sound buffEred Erom adjacent residential properties.
i. That the proposal shall comply with all signinq requirements of the
CL Zone, unless a variance ailowing sign waivers is approved by the
Planniny Commission or Cit} Council.
8. That the ewner of subject property shall submit a l~tter requesting
tecminarion of Conditional Use Permit Nc. 617, 1198, and 1687 to the
Planning Department.
9. That subject use shall comply with all noise control recommendations
containe~l in the Noise Assessment Study ~repared by ,J. J. Van Houten
and Associates, Inc., ar.d dated Decnmber 15, 1981, a copy of which
may be found in the Planning Department file for Conditional Use
Permit No. 2~04.
10. That subject property st~all be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 and 'G.
11. That prior to the commencement of the activity authorized under this
resolution, or prioc to issuance of a building permit, or within a
period oE one year frorr. khe date of this resolution, whichevec
occurs firct, Condition .7os. 1 and 8, 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
Lhe Rnaheim Municipal Code.
12. That prior to the commencement of the activity authorized under this
resolution, or final building and zoning inspections whichever
occurs first, Condition Nos. 2, 3, 4, 5, 6, 9 and 10,
above-mentioned, shall be complied with.
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PC85-03 1`1;I
BE IT FURTHER RESOLVED that the Anayeim Cily Planning Commi~sion
does hereby find and determine that adoption of thi~ Re~o2ution is expreasly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Should an~ such conditions, or any part thereci, be
declared invalid oc unenforceable by tt~e Einal judgment ~f any court of
competent juriediction, then this Resolution, and cny approvals herein
contained, shall be deemed null and void.
Tt3E F'OREGOZNG RESOLUTION is signed ana aPproVed by me this 7th day
of January, 1985. ~ ~ ~
, \ ~ _.s'~ /,~f_ r i //_~~~~Z'f
CHAIRMAN, AtiAHEIM CITY PL9~NMlNG COMMISSION
ATTEST:
Gi (L 2~ , ~ ~'{ ~(iti~.o.
SECRETARY~ ANAHEIM CITY PLANNZNG COMMISSION
STATE OF CALIFORNIh )
CUUNTY UF URANGE ) ss.
CITY OF ANAHEIM 1
I, Edith L. fiarris, Secr.etary of the Anaheim City Planning
Co~mission, do hereby certify that the £oregoing resolution was passed and
adopCed at a meeting of the Anaheim Cit~ Planning Commission held on January
7, 1985, by the followiny vote of the members thereoE:
AYES: COMMISSZONERS: BOUAS~ FRY, HERBST, K1NG, LA CLAIRE, MC BURNEY
NOES: CONMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMt4ISSI0NERS: BUSHORE
IN WITNESS WHEREUF, 1 have hereunto set my hand Lhis ',th day of
January, 1985. ~ •
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G-~ ~ c. cy-(c..~_ /~ -/~/~CG° t t-c.~
SECRETARY~ ANAHEIM CITY PLkNNING COMMISSION
` '4' PC85-03
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