Resolution-PC 94-131RESQLUTION N . P 4-131
A RESOLUTION OF THE ANAHEIM CITY PIANNING COMMISSION
THAT PETITION FQR CONDITIONAL USE PERMIT NO. 3719 BE GRAN'iED
WHEREAS, the Anaheim City Planninc~ Com~niss(an did receive a verified PoYition for
Cun~itional Uso F'Rrmit for certain real proporfy situated in the City of Anaheim, County of Orange, State
of California, dascribed as:
PA(~CEL t: TI•iAT P(~RTION OF LOT 3 OF THE UOMINOUEZ ESTA1'E, IN THE
CITY OF ANAHEIM, COUNTY OF URANGE, STATE OF CALIFORNIP„ AS P~R
MAP RECORDED IN BOOK?., P/~GE 15, RECORD OF SURVEYS, IN THE OFFICE
OF THE COU~TY RECORDER OF SAID COUNTY, DESCFlIBED AS ~ULLOWS:
COMMENCINU AT A POIN7 IN THE GENTERLINE OF PLACENTIA•YORBA flOAD,
AS SHOWN ON PIANS ENTI'TLED "PLAN AND PROFILE OF PlACENTIA•YORBA
ROAU", ON FILE IN THE OFPICE OF THE CnUNTY SURVEYOR QF SAID
CUUNTY, DISTAf~T THEREON NORTH 0 DEG. 2c~' 36" EAST, 38d.41 FEET FkOM
ITS 1~17ERSEC'(ION WITH THE CEN'r~RLINE OF SANTA ANA CANYGN ROAD,
60.00 FEE(' WIC1~, AS SHOWN ON A MAP FILE IN SAID OFFICE OF THE
COUNTY SURVEYOFi, i HENCE SOUTM E33 DECi. 46' S7" EAST, 230.68 FEE? TO
THE WEST L.IN~ OF THAT CER7AIN PARCEL OF LAND DESCRIBED IN DEED
1'O THE STA'fE OF CALIFORNIA RECORDED JANUARY 23, 1953, IN BOOK 2441,
PAGE 84,OF OFFICIAL RECORDS IN 5A10 OFFICE; THENCE NORTH 65 DEG.
02' 06' EAST 202.77 F~ET TO THE TRUE POINT UF BEGINNING; THFNCE
NORTH 8G DEG. 25' 25" EAST, 160.31 FEET; THENCF NORTH %1 DEG. 12' 00"
EAST, 116.U9 FEET TO THE SOUTHEFlLY CORNER OF THA'i' CERTAIN PARCEL
OF LAND DESCRIBED IN DEED (STATE F'ARCEI. C2577) RECONDED FEBRUARY
27, 1969 IN BOOK 8885, PAGE 57i OF OFFICIAL FtECOROS, IN SAID OFFICE;
THENCE ALONG THE EASTERLY LINE OF SAID L~:7 3, SOUTH 0 DEG. 32' 18"
WE5T, 609.?.6 FEET TO A POINT IN TFiE NORTHERLY LINE OF THE SANTA ANA
VALLEY IRFiIGA'fION COMPANY CANAL RIt3HT-OF-WAY, THE CENTERLINE OF
WHICH IS SHOWN ~JN MAP FILED IN BOUK 4, P.AGES 44 TO 50, INCLlJS1V~,
OF RECOfiD OF SURVEYS, IN SAID OFFICE, SA.ID POI~IT B~ING ON A CURVE
CONCAVE NOR7HERLY AND I-IAVING A RADIUS OF 818.2Q FEET; 7HtNCE
FROM A TANGENT E3EARING SOUTH &l DEG. 2C' 31" WES7, WESTERLY ALONG
SAID CURVL-" THROU(il~ AN ANGL~ OF 22 OEG. 40' 42", AN ARC DISTANCE OF
323.85 FEET TO THE SOUTHERLY TERMINUS OF TNE EASTFFLY LINE SHOWN
AS "SOUTN 1 D~G. 50' 03" WEST, 257.80 FEET" IN PARCEL 2 OF THAT
PORTION OF IMF~ERIAL HIrHWAY RELINQUISHED TO THE C1TY OF ANAHEtM
(REL 820) BY NESOLUTION OF THE CALIFOiiNIA HIGHWAY COMMISStON A
C~R'fIFIED COPY OF WHICH R~SOLUI'ION IS RECORDED IN BOOK 10969,
PAGE 47 OF SAID OFFICIAL RECORD.ri AND AS SHOWN ON MAP RECORDcD
11bAY 23, 1973 IN ROOK 9, PAGE 9 OF STATE HIGHWAY MA~5, IN SAID
OFr•ICE; THENCE ALONG SAID EASTFRLY LINE OF IMPEAIAL FiIGHWAY
fVORTH 1 DEC. 50' 03" EAST, 257.80 FEET; THENCE NORTH 9 DEG. 56' 32"
EAST, 278.46 FEET TO TNE TRUE PnINT OF BEGINNING.
CR2205MS.WP -t • PC9A•131
PARCEL :L: ALl THAT CERTAIN REAL PROPER7Y IN 'fHE CI'CY QF ANAHEIM,
COUNTY ~F QRANGE, STATE OF CALIFORNI,4, BEING'THAT PORI'ION OF TME
SANTA A~v"P. VAI..I.EY IRRIGATION '.OMPANY CANAL CONVEY[D TO THE SANTA
ANA VA~LI.EY IRRIGATIQN COMPANY BY DEED RECORDED JULY 18, 1934 iN
BOOK r,e5 PAGE 255 0-= OFFlCIAL RECORDS, RECOHDS OF SAlD GOUNTY,
LYING V~'ITF'lIV 7HE IIM~TS OF THE .~iUUTHI'nLY PROLONGATIOPJ OF THE SIDE
LINES OF I.OT 3 OF "DOMIN~UEZ E3TATE", AS SHO'.'YN ON A MAP FILED IN
BOOK 2, F'AGE 15 OF RECORDS OF SURVEYS I~J THE OFFICE OF TFiE
COUNTY REC~ORDER OF SAID COUNTY.
EXCEPTIN~TFiEREFROM THAT PORTION LYING WESTERLY OFTHE EAS7ERLY
LINE OF TtiE SOUTHERI.Y PROLONGATION OF SAID EASi'FRLY LINE Or= THE
LAND qESCFiIBED IiV THE DEED TO Tf~E STATE OF CALIFORNIA R~CORUED
JANUARY 23, 1953 IN BG01:2441, PAGE 84 QF OFFICIAL FiECORDS, RECt~RDS
OF SAID COUNTY.
UlµEREAS, the City ~'lanning Commiss~on did hoid a public h2arinn ~t tho Civic Center
in the City of Anahc~im on September 19, 1994 ~t 1,30 p.m., notice of said public hearin~ h;~ving boon duly
givon as required k~~~ law and In accordance with the provistons of the Anaheim Municipai C;~,~1e, Chapter
18.03, t~ hoar and c:msider evidence ior and agafnst sald proposed conditional use pern~i~ ind to
investigate and make find(ngs and recommendations in connection therewith; and that said public he~~rlnq
was continued ta !he Octobor 3, 1594 Planning Comm(ssion mesting; and
WHENEAS, said Commission, after due inspoction, invostigation and stud~~ made by Itsoif
ancl in its behalf, and after due considaration of all evidence and reports offered at said hc~ariny, does find
and determine the fallowiny f~cts:
1. 7hat the proposFxi use is proparly ona for which a c~nditional use permit (s authorized by
Anaheim Munic(ps1 Cale 8ections 18.44.050.010 nnd 18.44.050.300 to permit on-premisos sale and
cunsumption of a~cohol~c bevorages In cnnjunction with a somf•enclosed rosiaurar.t/publlc dance liall
having an autdoor dining/loungo area and wfth w~iver of tho fullowing:
Sectfons 16.06.050.Q211 - Minimum i~umber of ~arkina sp~~.
18;~~~.022 (1 •058 required; $Q~ e.cisting;
18.06,Q~,q.p221 ,$1~ recommended by City TraNic
18.Q6..0_5~~ nnc! Transportetl~n M2naqar)
~@U6,050,0233
18.0§.050 0263
1~SLfi2@Q
,~,nd 18.44.066.05q
2. That the parking waiver tor a minimum of 815 spaces wiil not cause an increase fn tr~ffic
cnngestfon In the immediate vicinity nor adversely aHect any a~i~oininp land uses;
3. That the granting of the parking wtjivor for a minimum of 815 spaces under the conditions
imposed will not be dstrimnntal to ihe peace, haalth, safety or genera' weHare of the citizens nf thQ Lity
of Ar,aheim;
4. That the proposeci usQ Is properly ona far whfch a conditfonal use permit is authorf~ed by
the Zoning Cade;
,2_ PC94• 131
5. That the proposed use will not edvorsely affect the adjolning land uses and the grawth and
development of the area in which it is proposed to be located;
6. That the size and shape of the site for the proposed use is adequatn to ~Ilow the full
devalopmerst oF tho proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety, and general weifare;
7. That the traffic ~enerAted by the proposed uso will not imposo an undue burdon uaon thp
streota and highways desi9ned and (mprovsd to carry thc~ traffic in the Area;
8. That the granting of tho conditfonal use permit under the conditions imposed wlll not be
detriment~l to the peace, health, safoty and goneral welfare o( the citizens of the City of Aiiahelm; and
9. That no one (ndicatod their presence at said public hearing in opposition; and that no
correspondence was received In opposition to tho subJec4 petftfon.
CALIFURNIA ENVIROIVMENTAL 41UALITY ACT FINDING: That tha Anaheim Clty Planning
Comm(sslon has reviewod tPie proposal to permit on-premises salo and cunsumption of alcoholic
bevorages fn c~njunction with a semi-enciased restaurant/public dance hall having an outdoor
dlninq/lounge area and wlth waiver of minimum numbor of parking spacos on an irregularly-shaped parcel
of land consistin~ of approximately 8.06 acres locatad at the northeast corner of Santa Ana Canyon Road
and Imperial High~roay hav(ng approximate frontag9s of 320 feet on the north side of Santa Ana Canyan
Road and 570 feet on the east side ~f Imperial Hlc~hway, ancl further doscribed as 5717 ~ast Santa Ana
Canyon Road (The Foxfire Reotaurant); and cloes hereby approve the Negativo Declaration upon find(np
tha: the doclaration reflects the Ina,.~endent judgoment of the lead agency and ttiat it has considered the
Negativo Declaration togethor with any commonts rece(veci during the public review process ~nd furthor
finding on tho basis of tho Initlal study and any comments receivQC1 that thero fs no substantial evidence
that the proJect wiit have a signiflcant offect on the environment.
NOW, THEREFORE, 8E IT HESOLVED that the Anaheim City Planning Commissiori does
hereby grant subject Petltion for Conditional Use Pormit, upon the following cunditlons which are hereby
found to be a necessary prerequisite to tho proposed use of the subject property (n order to preserve tho
safety and goneral welfare of the Citizens of tho City of Anahoim:
1. That tha entry/exit stairs from the outdoor lounge deck on the north side of the building shall be
removed or equlpped with a security gate to prohib(t direct exterior accoss io and irom the dock by
patrons. The security gates shal! be kept closed at all times and posted for omergency exit only.
2. That, as requfred by the Fire Dopartment, the business owner shall be responsible for mafntalning the
number of occupants In an assembly area. When an occupant load reaches soventy five percent
(7596) or mors of the postod capacity, tho ow~er sh~li piace personnel at the entrances and a
counting device shall be used to ma(ntain thg occupant load at or below the posted capaclty.
3. 'That a plan sheet for sol(d waste storage and collection and a plen for recyciing shall be submitted
to the Department of Malntenance for review and approval.
4. That, unless praof of oxemption is submitted in compli2nce with City CouncU Resolutlon No. SSR-440,
the appropriate major thoroughfare and bridge fee shall be paid to the City of Anal~elm in an amount
as specified in the MaJor ?'horoughfare and Bridge Foe Proc~rpm for the Footiiill/Fastern
Transportation Corridor, as establisheci by City Council rasolution.
.g. PC94-1 ~1
5. That the Approprfate traffic signal assossmont foe shall bo paid to ih~ City of Anaheim (n an amount
as established by City Council Resolution.
6. Tfiat the appropri~te feo shall be paid to the City of Anaheim for Santa Ana Canyon Rcad widening
purposes, In an amount as established by City Council resolution,
/. That the developer ~hall pay a traffic and transportation improvement fE~e ta il~o Citv of Anahelm,
Traffic Engineering D(vision, in an amaunt establishod by Clty Cauncll r~solutlon. Tt~is fee wlll be
used to fund traffic and transportation Improvements within the area impacted by this projoct. Saicl
fee shall be subject to adjustment by the City Cauncil.
8. That p{ans shell be su~mitted to the City Traffic and Transportation Manager for his rev(ew and
approval showing conformance with the latost revisions of Engineering Standard Plan Nos. 436 and
602 pertaining to parking standards. Subject proparty shall thereupon be developed and malntained
In conformanc~ with said plpns.
9. That the property owner shaii provlde thfrteen (13) additional parking spaces for a totai of ~ight
hundred and fi(teen (8151 spaces for the entire shopping center.
10, That subject property shali be developod substantially in accordance with plans and specifications
submitted to the City of Anaheim by tho petitioner and which plans aro on file with the Planning
Department marked Exh(bit Nos. 1 through 3.
11. That pr(or to commencement of tho acti~~ity authorized by this resolution, or prior to Issuance of a
bulldiny permit, or within a period of one (1) year from the date of this resolution, whichever accurs
first, Condit~on Nos. 3, 4. 5, 6, 7 and 8, above-mentfon~d, sli~ll be complied with. EMensiAns ior
further timo to complete sa(d condit(ons may be granted In accordance with Section ~18.03.Q90 oF the
A~iah~im Municipal Code.
12. Th~t prior to final buildinc~ and zoning (nspections, Cond(tinn Nos. 1, 9 and 10, above-mentionod, shall
be complied with.
13. That approval of this applicatfon constitutes approval of the proposod request enly to the extent that
it complles with tho An~heim Municipai ~nninq Code and any other applicable City, Stato and rederal
regulations. Approval dces not include any actfon or findings as to compliance or approval oF ihe
request regardfng any other appl(cable ordinance, regulation or requirement,
BF IT FURTH~R RESOLVED that the Anafieim City Planning Commission does hereby find
a~~d determine that adoptfon of this Resolution is exprevsly predfcated upon appl(cant's compilance with
each and all of tho conditions hQrefndbove set forth. Should any such :•onditfon, or any part thereof, be
declared Invalid or unenforceable by the ffnal Judgment of any court of compet~nt jurisdictlon, then this
RHSOIut(on, anci any approvals hereln contained, shall be deemsd null and void.
THE FOREGOING RESOLU710N wa~ adopted at the Planning Comm(sslon meeting of
Octobor 3, 1934.
/~' ~- Ll-~i.~~ ~ ~;{='~v~~.~.ti~
C AIRW MAN ANAHEIM CITY NNIIJG CGM~AISSION
A77E5T:
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SECRETA Y, ANAHEIM GITY PLANNING COMNIISSION
-4- PC94-131
1i . l
STATE OF CALiFORNIA )
COUNTY OF t~RANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary oF the Anahelm City Planning Commisslon, do hereby certffy
that the foro~oing resolution w~s passed and adopted at s meeting af the l+naheim City Planning ;
Commisslon held on October 3, 1994, by the following vote of the members thereof: ,,
AYFS: COMMIS$IONEHS: BOYDSTUN, CALDWELL, MAYER, PERAZA ~
NOES: COMMISSIONERS: NUNE I
AI3SENT: GOMMISSIOhERS; HENNINGER, MESSE, TAIT i
IN WITNESS WNEREOF, I havo hereunto set my hand thls ~ day of
, 1994.
/
~
SECRET'ARY, ANAHEIM CI'TY PI.ANNING COMMlSSION
-5- PC94-131