Resolution-PC 92-102~ESOLI~,TION N0. ?C92-102
A RESOLUTIi~N OF THE ANAHEIM CITY PlANNING COMMISS~ION
TFi/11' PETITION FOR CONDITIONAL USE PERMI7 NO. 3532 BE GRAN7ED
WHEREAS, the Anaheim City Planning Commission dld recelve a vorHied Petltinn for
Conditional Use Permlt far certaln real property sicuatod in the City of Aneheim, Caunry of Qrange, ~tate
of Cailforrda, doscribed as:
PARCEL 1 IN THE CITY OF ANAHEIM, CQUNTY OF QRANC3~, STATE OF
CALIFOpNIA, AS SHAWN ON A MAP FILED IN BOOK 50, PAGE 36 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID CQUN7Y.
WHEFEAS, the City Planning Commlasion dfd hoid a public hearing at the Civtc Centor
in 4ho City ot Anaheim on August 24, 1992, at t:30 p.m., notico of sald public hoaring having ba~n duly
givon as requirbd by law and in accordance with the provistons of the Anahelm Municlpal Code, Chapter
18.0~, to hear and considar ovklence tor and against safd proposed conditlonal use parmit and t~
investigate and make flnclings and recommendations in cnnnbction therowith; and
WHEREAS, said C~r-'im~sslon, after duo Inspectl~n, investlgation and atudy made by ksel(
and In Its behalf, and attar due conslderatian of all evldence and reports offored at said hoaring, does ilnd
and determine tho followinfl facts:
t. That tho p~~Posed uae is properly orte ior whlch a conditlonal use permit ~g
authorized by anAheim Municipal Code Soctions 18•44•050.010 and 18,Ma•050.300 to permit the on•premiso
sale and consumptlon of beer and wine in conJunctlon with a semi-enclosed ros4aurant arul with walver
of the tollowing:
~F~TIbNS t8.06,Q~,S13.11_ - ~11,~frr~ym number of p~,rkinp su~.
~@,Q6,050.0~ (f~1. required; .~1,~} proposed ~;~ Praposed in future re-etrfpod
t~.oB.06 ~0•0221 parktng lotj)
1~.Q.~50.0231
~,8,06•O80
anc! 78.44.066.050
2. That the parking varianco will not cause an lncreASe In traffic congestion In the
imnedlate vicinity nor adversely aHec1 any adJoining land uses becfluse a parking demand study plus e
supp~emeretal parking dem~nd study, prepared ~o g~ gpe inc use andrthe~ uo u~In~ exiating usos wtl
Transportatfon Managor, substantiate that the p Pa
not croato e parking deficlency on the subJact property;
3. ThAt the 9~anting of the parkiny variance will not be detrime~~tnl to the peace,
health, safety Qr general welfare ot the citizens af the City of Anahelm because the parking lot la bein~ re-
striped to Increase the total amount ot perkin~ to at least 586 spaces•
4. That the praposed semi•enc~osed restaurant (a properly ono tor whlch a conditlonal
use permit Is authorized b,y the Zn~ing Code;
5. That the proposed use will nof adversely aHect the adjoining ~ar-d uses and the
growth and d~velopmont o( the area in whfch ft is proposed to be beCause the applicart and/or the
rostaurant employeea chall constantly monftor the outdoor consu~nption of bear and wine in the proposed
patio area;
.~_ pC;g2•102
CR ~ S~.~MS.wp
6. That the sizo and 3h~pe of the site for the proposed use is adequate to ailow the
full develonment of the proposed use in a manner not detr(mental to the partfcular area nor to the pe~ce,
health, safety, ttnd general welfare;
7. 7hat the proposed ~eml-enclosed reataurant use, as condftioned horeln, will not
adversely aHect the adJofning land uses, nor be detrimental to the peace, healch, safsty or goneral weltare
oP the surrounding communfty, nor will said use impose an undue burdon on tho ~treet5 and hlahways
designed to carry traffic within the immediato viciniry; and
8. That no one indlcated thelr prasence ~+t ~ald public hearing in oppositlon; pnd thnt
no r.orrospondence was recobed in opposition to the subJect petitlon.
(~AI IFOR IA ENVIRONMENTAL QUAL.ITY Af:? FINDING: That the Anaheim Clty Planning
Commission has reviowed the proposal to permit the on-premise salo and consumption of beer and wine
I~ conJunctlon wlth a sem!•enclosed restaurant and with wawer of tninimum number of parking spacos on
an I:regularlyshapod parce~ oi land consisting of appruximately 10.ti3 acres located at the southwest
corner of Santa Ana Canyon Road and Imporlal Hfghway, iiavin~ approximate iront~go~ c+f 698 fes2 on the
south sido of Santa Ana Canyon Road and 709 feat on the west side of Imporlal Hiflhway end further
descrfbed as 5572 East Santa Ana CAnyon Road; and does horeby approve the NegatNe Declaration upon
iinding that the decfaration roflocta the !ndopendont Judgemant of tho lead agency and thet it has
considered ti~o NegatNe Declaretion together with any comments recaived during the publlc revlew
process and turther finding on the basis of the irntial study and any comments received that there Is no
substantlal evidence that t7~e proJect wlll have a significant eHeot on the environment.
NOW, THEREFORE, HE IT RESOLVED th~t the Anaheim Ciry ~'lanning Commfsslon does
hareby grant subJect Petition fur Conditional Uso Permft, upon the fWlowing condRions whlch are hergby
tound to bR a necessary prerequlsfte to the proposed use of the subject property in order to preserve the
safety and gonoral welt~re of the Citizens of tho City of Anahdim:
1. Th~t the soecffic site pian for the seml-enclosed restaurant (showing the autdoor d(ning area) shall
be submittRd to tho Fire Department for rovlew a~id approval.
2. That the outduor consumption of beer and wine on the patio aroa shall be conatantly monitored
by the applicant arul/or the restaurant empicyees.
3, That subJect property shali be de~ieloped substaiitially in accordance wlth plans and specl8cations
submittad to the City o( Anahelm by the petiiloner and whicli pians are on iile ~vith the Planning
Dopartmont marked Exhibit Nos. 1 And 2; provided, however, that:
(a) The wast plan:or shall bo ro-locatec! easter~y onto subject restuarart's proporry so as not
to encroach or in(ringe on the erea belonging to the store to tne west; and
(b) That the parkinp lot shall be re-stripod to increase tho total amount of parking to at least
five hundred eighty six (5t36) spacec.
4. That prior to comrsencoment of the activfry authorized by this resolut(on or witP~in a period of one
{t) year irom the date of thfs res~iution, whichever occurs first, Conditlon Nos. 1 and 3,
above•mentlonecl, shali be complied v~ith. Extensions for further time to aomplete sald conclltions
may be granted in eccordance with Ser,tion 18.03.090 of the Anaheim Munic;(pal Codo.
5. That opproval of this eppiication constitutes approval of the proposed request only to the extent
that it complies wfth the Anaheim Munfcipal Zoning Code and any other npplical~lo Ciry, State and
Foderai regulations. Approval does ~ot includo any action or tindings as to complianco or
approval of the request regard(ng any other applicable ordinance, regulation or requirement.
-2- PCA2-t 02
8E IT FU~iTHER RESOL'VED that tho Anaheim Ciry Planning .or,;mi~sion does heroby tind
and determine that ~duption of thie Rosolution is exnressly prodlcated upo~+ aPP~ica~f~$ ° a~ the eofWbe
each and all of tho conditions herelnabove set forth. Should any such condiNon, or any p
declared invalid nr unonforceable by the fina! judgment of ~ny cau~t''of competont ~urisdfction, then thio
Rosolution, and any approvals horein contalned, ahall be deem ' II and vuid.
TI~iE FOREGOING RESOLUTIVPI was Adopt a he~an~ Camrnisslon meotinfl oi
August 24, 13a2•
CHAIRMAN ANAHEIM ~ITY PLANNI
ATl'EST:
. ..~ /~~..~
S REl'ARY, A~tAH CITY PIANNING COMMISSION
~
STATE OF CALIFQRNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Janet L Jer:sen, Secretary of tlie Anahoim City Plannln4 Commis~lon, do hereby certffy
that the torogoing rosolution was pessed and adopted at e meotinq of the Anahefm Ciry Plpnning
Commission held on August 24, 1992, by the tollowing voto of the members theraof:
-~YES; COMMISSIONERS: BRISTOL, HENNINGER, MESSE, ZE~AEL
NOES: COMMISSIONERS: NONE
ABSEMT; COMMISSIONERS; PERAZA, TAIT
VACANCY: ONE SEAT
IN WITNESS WHEREOF, I have hereunto ~et my h~nd thls /~~ day of
~~ / ~ 1992. -
~ ~
i
GRETARY, ANA ~ CITY PLANNINf3 COMMISSION
~. p(,`92-102