PC 85-52RESOLUTION N0. PC85-52
A RESOLUTION OF THE ANAHEIM CITY rLRNNING COMMISSION
THAT PETITION FOR COIdDITIONAL USE PERMIT N0, 2663 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from NORBERT A. WA;ERS AND RUTH t4. WATERS,
2501 East Ball Road, Ar.aheim
BRI4'TON/GUSTAV RIKER, 2520 East Ome California 92806, owners, and JACK
for certain real property situated in theuCitynofcAnaheim,f CountyZof60range,
State of California, de~cribed as:
.. PARCEL 1:
THAT PORTION OF SECTION 13, TOWNSHIP q SOUTH, RADIGE 70 WEST,
IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP
RECORDED ZN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS~ RECORDS OF
ORANGE COGNTY~ CALIFORNIA, Dc.SCRIBED AS FOLLOWS:
PARCEL B AS SHOWN ON A[5AP FILED IN DOGY. 22, PAGE 20 OF PARCEL
MAPS IN THE OFFICE OF THE CUUNTY RECORDER OF SAID ORANGE
COUNTY.
PARCEL 2:
THAT PORTZUN OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 10 WEST, tN T.yE RANCEIO
SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A DIAP RECORDED IN
BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFOkNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EASTERLY TEkMINUS OF THAT COURSE DESCRIBED
'NORTH 89° 02' 32" WEST 175.00 FEET IN THE BOUNDARY OF PARCEL
3 OF Y'HAT CERTAIN FINAL ORDER OF CONDEMNATION~ S~)pERIOc COUAT
r~~" "~• jiyss~. CBR'1'IFIED COPY OF WHICH WAS RECORDED JUNE 3~
1964 IN BUOR 7073, FAGE 214 OF OFFICIAL R~CORDS OF SAID ORANGE
COUWTY; THF.NC~ ALOVG THE EASTERLY PROLONC;ATION OF SAID CGURSE
SOUTH 89° 02' 32" EAST 318.48 FEET TO A NON-TANGENT CUP,VE
CONCAVE EASTERLY AND HAVING A RADIUS OP 300.00 FEET; THENCE
NORTHERLY ALONG SAID CURVE~ FROM A TANGENT WHICH BEARS NORTH
~° 57' 28" EAST THROUGH A CENTRAL ANGLE OF 40° 56' 43" AN ARC
LENGTH OF 214.3!` FEET TO A POINT IN THAT COURSE DESCRI9ED Ac
"SOUTH 52° 13' 12" WEST 24.19 FEET" IN THE BOUNDARY OF SAID
PARCEL 3, DISTANT THEREON NORTH 52° 13' 12' EAST 2.55 FEET
FROM IT5 SOUTHWESTERLY TERMI[JUS; THENCE ALONG LAST SAID
BOUNDARY THE FOLLOWING COURSES: SOUTH 52° 13' 12' WEST 2.'i5
FEET, SOUTH 53° 20' 07" WEST 258.88 FEET AND SOUTH 79° 38' S3"
WEST 188.66 FEET TO THE POSNT OF BEGINNING,
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on February 20, 1985, at 1:30 p,m„
notice of said public hearing having been duly g?ven as reguired by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.U3,
to hear and consider evidence for and against said proposed conditiunal use
permit and to investigate and make findings and recommendations in connection
l•tierewith; and
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41HEREAS, 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:
-. That the proposed use is properly one for which a conditional use
permit i~ authorized by Anaheim Municipal Code Section 18.44.OSU.010 to wit:
to permit on-sale beer and wine in a proposed resta~rant.
z. 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.
3. Th~t the size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a mannez not
detrimentai to the particular area nor to the peace, health, safety and
general welfare of the Citizens of the City of Anaheim.
4. 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.
5. 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 r.hP a[ea.
6. That no one indicated their presence at said puhlic hearing in
opposition; and that no correspondence was ceceived in opposition to the
subject petition.
ENVIRONMENTAL IMPACT FINDIN~_; That the Anaheim City Planning
Conmission has reviewed the proposal to permit on-sale beer and wine in a
proposed restaurant on an irregularly-shaped parcel af land consisting of
approximately 1.4 acres located at the northeast corner of Ball Road and
Sunkist street, and furth~r ~~~crzh~d a~ _~?~_~~ ~~~~ gqli koad; and does
hereb}• approve the Negative Declaration upon finding that it has considered
the Negative Declaration together with anf comrnents received during the public
ceviek process and further finding nn the ~asis of the initial study and any
comments received that tnere is no substantial evidence that the project will
have a significant effect on Lhe environment.
NOW, THEREFORE, BE ZT RESOLVED that the Anaheim City Planning
Commission does heceby grant subject Petition for Conditional Use Permit, upon
the following conditions which are hereby found to be a necessary prerequisite
to the proposed use ~f the subject property in or.der to preserve the safety
and general welface of the Citizens of the City of Anaheim:
1. That sidewalks shall be installed along Hall Road as required by the
City Engineer and in accordance with standard plans and
specifications on file in the Office of the City Engineer.
2. That trash storage areas shall be provided and maintained in
accordance with approved plans on file with tne Street Maintenance
and Sanitation Division.
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3. That all driveways shall be reconstructed to accommodate ten (10)
foot radius curb returns as requiced by the City Traffic Engineer.
4. Th~t all air conditioning facilities and othet roof and ground
mounted equipment shall be properly shielded from view, and the sound
buffered from adjacent residential properties.
5. That the proposal shall comply with all signing requirements of the
CL zone, unless a variance allowi:ig sign waivers is approved by the
Planning Commission or City Council.
G. That a 6-foot high masonry block wall shall be constructed and
maintained along the north property line.
7. That any proposed parking area lighting fixtures shall be
down-lighted with a maximum height of I2 feet. Said li9hting
fixtures sha21 be dicected away from adjacent property lines to
protect the cesidential integrity of the area.
8. That no alcoholic beverages, except beer and wine shall be sold or
consumed o~~ the prEmises of the subject restaurant.
9. That al.l on-site landscaping and irrigation faci.lities shall be
refurbished to comply with City standards.
10. Thak the doors 2ocated on the northerly wall of subject restaurant
shall remain closed during houcs of operation.
11. That pcior to commencement of the activity authorized under this
resolution or prior to issuance of a building permit, whichever
occucs first, the southeasterly triangular portio~ of subject
property currently zoned RS-A-43,000 shall be rezoned to the Cf. 2one.
12. That subject property shall be developed substantially in accordance
with plans and specifications on file wilh the City of Anaheim marY.ed
Exhibit No~, 7 r~,.~~5ti ,.
13. ihat prior to the commencement of the activity authorized under this
resolution, or final building and zoning inspections or within a
period of one year f;om the date of this resolution, whichever occu:s
fitst~ Condition Nos. 1~ 2~ 3~ 4~ 6~ 7~ 9~ 10~ 11 and 12~
above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the Anaheim City Planning 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 Fesolution, and any app=ovals herein
contained, shall be deemed null and void.
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THE FOI2EGOING RESOLUTION is si ned and appFoved by me this 20th day
of February, 1985. __
~~-~\: • ~~~, L/ / l~'1 /
CHAIR AN`~ ANAHEIM~CI'C.Y FLANNING COMMISSION
ATTEST:
•G ~ ~ 'L~1 Gc_.
SECRETARY~ ANAHEZM CITY PLANNING CUTAMISSIO~]
STATE ~F CALZFORNIA )
COUIdTY OF ORANGE ) ss.
CITY OF ANAHBIM )
I. Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby cer~ify that the foregofng resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on February
20, 1Q85, by the following vote of the members therecf:
AYES: COMMISSIONrkS: BOUAS, BUSHORE~ FRY, HERBST, XING~ MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIQNERS: LA CLAIRE
IN WI4~NESS hHEF.EOF, I have hereunto set my hand this 20th day of
February, 19ES5.
7
~ T .C /IN..l~1
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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