Resolution-PC 97-141~ ~
RESOLUT'ION NO. PC97-141
A RESOLUTION OF THE ANANEIM CITY PI.ANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 397G BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Canditional Use Permit for certain real prop~rty situated in the Ciry of
Anaheim, Counry of Orange, State of California, describec~ as:
PARCEL 1, .4S SHOWN ON A MAP FILEJ IN BOOK ?A7, PAGES 4~
pND 42 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNT'l, CALIFORNIA.
EXCEPTING THEREFROM ONE-HALF OF ALL MINERAIS, OIL,
GAS, ASPHALTUM, AND OTI-KCR HYDROCARBON SUBSTANCES IN,
ON dR UNDER SAID L~`,M~, AS RESERVE'J IN THE DEED FROM
CLYDE E. HOWELL, 1:Nil OTHERS, RECORDED SEPTEMBER 13,
1948 IN BOOK 1700 PrAGE 10 OF OFFICIAL RECORDS OF SAID
ORANGE COUN'~'Y.
RESERVING THEREFROM HiJN-Ea{CLUSIVE EASEMENTS FOR
VEHICULAR AND PEDESTP:iAN iNGRFSS, EGRESS ANA ACCESS,
AND PARKING PURPOSF.~ AS MORE PARTICULARLY SET FORTH
IN ARTICLE IT, SE(.;TIONS i AND 2 OF THAT CERTAIN
DECLARATION OI' RFS : RICTIONS, RECORDED FEBRUARY 21,
1986 AS INSTRUM~~NT NO. 86-0716G0 OF OFFICIAL RECORDS OF
SAID OR~`+NGE COUN.'Y, i;f:.LIFORNU~.
A N~N-EXCLU~TVE EASEMENT FOR VEHICULAR AND
PEDESTRiAN INGRESS, rGRESS AND ACCESS PURPOSES ON,
pVER AND ACROSS Ti-iOSE PORTIONS OF PARCEL 2, AS SHOWN
ON A MAP FILEU 1N BOOK. 1A7, PAGES 41 AND 42 OF PARCEL
MAPS, IN THE OFFICE vF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNL4, AS MORE PARTICULARLY SET FORTH IN
R TT_RICCIONS, REOCORDED FEBRUARYT lI 986 AS NSTRUMENT
NO. 86-0711G0 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
VEHIOCULARLUPAR NGSEAND AO RETAIMNG A~ LG AYD
AL OTTED TO PASU ERALTA DE DOMINGUEZ AS DFSCRIB D
IN THE FINAL DECREE OF PARTITION OF THE RANCHO
$pNTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER
12, 1868 IN BOOK "B", PAGE 410 OF JUDGMENTS OF THE DISTRICf
ANGELES COUNTI', CALiFORNIAL DESCRI GD AS FNOL LOWS LOS
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CR3062PL.WP
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BEGINMNG AT THS MOST NORTHERLY CORNER OF PARCEL 1,
AS SHOWN ON A MAP FILED IN BOOK ZA7, PAGES 41 AND 42 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA, SAID CORNER BEING IN THE
SOUTHEASTERLY LINE OF EAS7'BOUND SANTp. ANA CANYON
ROAD, AS SHOWN ON SAID PARCEL MAP, SAIDTERLY HAVING A
LyNE BEING A CURVE CONCAVE NORTHWES
RADIUS OF 211.00 FEET, A RADIAI. LINE T~O~SENCE ALONG ETHE
SOUTH 39 DEGREFS 35' 13" EAST;
NORTHEASTERLY LINE OF SAID PARCEL 1 SOUTH 42 DIiGR.EES
39' 42" EAST 165.44 FEET AND SOUTH 62 DEGREES 29' 42" EP.ST
Sb,pO FEET; THENCE LEAVING SAID NORTHEASTERLY LINE
NORTH 42 DEGREFS 39' 42" WEST 217.18 FEET TO A POINT IN THE
NORTHEASTERLY EXTENSION L1NE NORTH 42 DEGREES 39' 42"
WEST 217.18 FEET TO A PC:NT IN THE NORTHEASTERLY
EXTENSION OF SAID SOUTHEASTERLY LINE OF EAS7°BOUND
gp~~p pTip CANYON ROAD, ALSO BEING A POINT IN THE
NORTHEASTERLY EXTENSION OF SAID CURVE, A RADIAL LINE
TO SAID POINT BEARS SOUTH 40 DEGREES 06' 13" EAST; THENCE
SOUTHWESTERLY ALONG SAID NORTHEASTERLY EXTENSION
OF SAID CURVE AND SAID SOUTHEASTEItLY LINE THROUGH A
CENTRAL ANGLE OF SAID CURVE AND SAID SOUTHEASTERLY
ARC L NGTH OF 19.02 FEE TO THEE POINTUOF BEGINNI ~, AN
A NON-EXCLUSIVE EASEMENT FOR LAAIDSCAPING AND
APPURTENANCES OV~R THAT PORTION OF THE LAND
ALLOTTED TO PAULA PERALTA DE DOMINGUEZ AS DESCRIBED
IN THE FINAL DEC~tEE OF PARTITION OF THE RANCHO
gANTIAGO DE SANTA ANA, WHIC-I FASEMENT ENTERED
SEPTEMBER 12, 1868 IN BOOK "B", PAGE 410 OF JUDGMENTS OF
FOR DLOS IANGELES COOUNTY,~CA F'.~x~iIADDESC BEDA AS
FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 1,
AS SHOWN Or1 A MAp FILED IN BOOK 1A7, PAGES 41 AND 42 OF
PARCEL MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA, SAID CORNER BEING IN THE
SOUTHEASTERLY LINE OF EA~TBOUND SANTA ANA CANYON
ROAD, AS SHOWN ON SAID PARCEL MAP, SAID SOUTHEASTERLY
~.1NE BE1NG A CURVE CONCAVE NORTHWES'I'ERLY HAVING A
RADIUS OF 2110.d0 FEET, A RADIP'L LINE TO SAID CORNER
BEARS SOiJ'd'H 39 DEGREES 35' 13" EAST; THENCE LONGTHE
NORTHEASTERLY LINE OF SAID PARCEL 1 SOUTH 42 DEGREES
39' 42" EAST 165.44 FEET AND SOUTH 62 DEGREES 29' 42" EAST
56.0(1 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID NORTHEASTERLX LINE NORTH 42 DEGREES 39'
q2^ WEST 217.18 FEE'C TO A POINT 1N THE NORTHEASTERLY
EXTENSION OF SAID SOUTFiEASTERLY LINE CF EASTBOUND
SpT1'I'p ANA CANYON ROAD, ALSO BEING A POINT IN THE
NORTHEASTERLY EXTENSION OF SAID CURVE, A RADWL LINE
TO SAID POINT BEARS SOUTH 40 DEGREES O6' 13" EAST; THENCE
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NORTHEASTERLI' ALONG SAID NORTHEASTERLY BXTENSIUN
OF SAID CURVE ElND SAID SOiJTHEASTERLY LINE THROUGH A
CENTRAL ANGLE OF 0 DEGREES 3T 25" AN ARC LENGTH OF 22.97
FEET; THENCE LEAVING SAID NORTHEASTERLY EXTENSION
SOUTH 40 DEGREES 43' 38" EAST 28.00 FEET; THENCE SOU'~'H 47
DEGREFS 2A' 18" WEST 10.00 FEET; THENCE SOUTH 42 DEGREES
39' 42" EAST 215.00 FEET; THENCE SOUTH 47 I3EGREES 29' 18"
W~T 2,38 FEET TO SAID NORTHEASTERLY LiNE OF PARCEL 1;
DEGREES A 9~ 42 SWFST ~~ ~ T ETOYTHE TRUE OINT
BEGINNiNG.
WHEREAS, the City Planning Commission did hold a public hearing at the
Civic Center in the Ciry of Anaheim on September 29, 1997 at 1:30 p.m., notice of said
public hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence
for and against said proposed conditional use permit and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, said ComYnission, 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 ~nd and determine the following facts:
1, That the proposed use is properly one for which a conditional use
18.44.050.010 and 18.84.061
permit is authorized by Anaheim Municipal Code Section Nus.
to permit sales of beer and wine for on-premises consumption in a previously approved
restaurant expansion (1,835 square foot expansion for a total 3,490 square foot restaurant).
2. That the proposed use is properly one for which a conditional use
permit is authorized by tiie Zoning Code;
3. That the proposed use will noc adversely affect the adjoining land
uses and the growth and deveiopment of the area in which it is proposed to be located
because this existing restaaarant can continue its operation without adverse affects to xhe
adjoining land uses;
4. That the size and shap~ of the site for the proposed use is adequate
to allow the full development of the propnsed use in a manner not detrimental to the
particular area nor to the peace, health, safety and general welfare because the size and
shape allows for the development of a commercial center and this restaurant will be
expanding into existing floor area which will not be detrimental to the area;
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 the area;
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(, That the granting of the conditional use permit, under the condit'ons
imposed, will not be detrimental to the peace, health, safety and genera' ~~+elfare of the
citizens of the City of Anaheim;
7, That no one indicat~d their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject petition.
(`ALIFORNIA ERTVIRONMENTAL OUALITY ACT__FINDIN :
That the Anaheim City Planning Comr,~ission has reviewed the proposal to permit sales
of beer and wine for on-premises consumption in a previously approved restaurant
expansion (1,835 square foot expansion for ~ iotal 3,490 square foot restaurant) on a 2.4-
acre irregularly-shaped parcel is located at the ~outheast corner of Fairmont Boulevard
and Santa Ana Canyon R.oad with approximate frontages of 377 feet on the east side of
Fairmont Boulevard and 168 feet on the south side of Santa Aya p anyon Road (108
South Fairmont Bouleva-~d - Hibachi Steak House; and does here:`s a rove the Negative
Declaration upon tinding that the declasatio^ re+lects the independent judgement czf the
lcad agency and that it has consi~ferEd the Ncga~ive Declaration together with any
comments received during the public review process and furthcr finding on the basis of
the initial study and any comments -'eccived that there is no suhstantial evidence that the
projcct will havc a significant effect on thc cnvironment.
NOW, TiIGREFOR~, I3E 1"1' RESOLVED that thc An:iheim City
Planning Commis~ion docs hcrchy grant subject Yctition for Conditional Usc Pcrntit, ~pon
the tollowing conditions which .~re herehy fuw~d tu be a necrssary prereyuisite to the
proposed use of the suhject propeny in e-rdcr to prescrve the ~afcry and gencral wclfare
~~f the Citizens o[ the City of An:ihcim:
1. 'I'hat trasti stor:~gc areus shall hc prc-vi~cd and m:tintaincd in a I~~cation acccptahle
to thc Public Works Departmcnt, Strccts and Sanitation Division, and in
accordancc with a~~provcd plan~ un filc with ~aid Dcpartmcnt. Such information
shall hc spccifically shc~wn on thc plans ~uhmiucd fur huilding pcrmits.
~, 'I'hat a pfan sheet fur solid waste storu~c and cutiection a~id ~+. plan for recycling
shall bc submittcd to thc Puhlic Works Dcpartmcnt, Strects and Sanita~ion
Division, for revie;w and appruvai.
3, 'I'hat an on-site tr-sh truck turn-around area shall be prc-vided in accordance with
Engineering Standard Uetail No. 610 and maintained tc~ thc satisfaction of the
Public Works Department, Streets and Sanita~ion Division. Said turn-around area
shall be speci~cally shown on plans submitted for building permits.
q, That the hours of operation shall nc~t exceed 10 p•m•
$, That the estahlishment~~ ~f th Cali c rniaSQusn~ess andCProfeission t'Codeace" as
defined by Section 230.
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(, That there shall be no bar or lounge maintained on the property unless licensed
by Alcoholic Beverage Control and approved by the City of Anaheim.
'7, That food service with a~1 wh cheverlloccursa~rbleon each day of pe ationeither
10:00 p.m. or closing time,
g, That' there shall be no pool tables mazntained upo~i the premises at any time.
9, That subject alcoholic beverage license shall not be exchanged for a"public
premises (bar) rype 19cense nor shall the establishment be operated as a"public
premises" as de~ned in Sectian 2 3 0 3 9 o f t he C a l i f o r n i a B u s i n e s s a n d P r o f essions
Code.
10. That the sales of alcoholic beverages shall not exceed 40°Io of the gross sales of all
retail sales during any three (3) month period. The applicant shail maintain
records on a yuarterly basis indicating the separzte amounts of sales of alcoholic
beverages and other items. 'rhese records shall be made available, subject ta audit
and, when requc.sted inspection by any Ciry ~~f Anaheim of~cial during rea,5onable
business hours.
1l, That there shall he no live entcrtainmcnt, amplified music or dancing perinitted
on the premises at any time without issuar.cc of prc~per permits as required by the
Anahcim Municipal Cudc.
12, that the sale of alcohc~lic beverages fur consumption off the premises shall be
prohibitcd.
t3, 'I'hat thcre shall bz nc~ cxtcrior a~lvcnising of any kinJ or typc, including advcrusing
directed to tne cxterior froai insi~e thc huilding, promoting °~ ti~nn~ inclic tine
availahility of alcohol beverages, with the cxc~.pticm of ~~ne (1) ~~b ~
"cocktails:'
14. That the activitics occurring in conjunction w~+h ;... ~peration r.~f this establishment
shall not causc nuisc disturbancc tu :<i~~~~~"" ~nb Lzr~-pe.rticti.
15. Thut the parking lot serving the pri:mises shali Ine eyuippcd with lighting of
suf~ciene power to illuminat.e and make ~asily diticernihie the appe.,:ance and
cocaduct uf al! persons on ~r ahout the rarking lot. Said lighting shail he directed,
positioned antl shiel~~ed in sucl- a manner so as not to u~~reasonably illuminate the
windows of ncarby residences.
16. That the business operator shall comply with Section 24200.5 of the Iiusiness and
Professions Code so as not to employ or permit any persons to solicit or encourage
others, directly or indirectly, t~ buy them drinks in the licensed premises under any
commission, percentage, salary, or other pro~t-sharing plan, scheme or conspiracy.
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17, That all doors serving subject restaurant shall conform to the requirements of the
Uniform Fire Code and shall be kept closed an ei~~~deliveriestland anncasesuof
of operation except for ingress/egress, to p
emergency.
ig, That there shall be no coin-operated telephones on the property that are located
outside the building and within the control of the applicant.
19, That signage for subject facility shall be limited to tk~at shown on the exhibits
submitted by the petitioner and appro~ed by the Planning Commission. My
additional signage shall be subject to approvdl by the Planning Commission as a
"Reports and Recommendations" item.
20, That subject property shall be developed substantially in accordance with plans and
speci~cations submitted to the City of Anaheim by the petitioner and which plans
are on ~le with the Planning Department marked Exhibit Nos. 1 and 2, and as
conditioned herein.
21, That prior to issuance of a building permit or within a period af o~ie tlj year from
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 5ection 18.03.090 of the
Anaheim Municipal Code.
22, That prior to finding building and zoning inspections, Conditiun Nos. 15, 17 and
20, above mentioned, shall be compliecf with.
23, That approval of this application ccnstitutes approval of the pmposed request only
to the extent that it complies with the Anaheim Municipal ~ a~l ~o sonotanclude
other applicable City, State and Fedcral regulations. App
any action or findings as to compliance or approval of the request regarding any
other applicable ordinance, regulation or reyuirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning
Commission does hereby find and determine that adoption of this Resolution is expressly
predicated upon appl-cant's compliance with e~!ch and all of the ~e °~eclared e nvalicl~or
set forth. Should any such conciition, or any part thereof,
unenforceable by the final judgment of any court of competent jurisdicti~n, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
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THE FOREGOING RESOLUTION w ado d at the P i g Commission
meeting of September 29, 1997. _
CHAIltPE N- PRO T MPORE
qNAHEIM ITY PLANNING COA~IlvIISSION
ATTEST:
l
SECRETARY, AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY QF ORANGE ) ss.
CITY OF ANAHEIM )
I, Mazgarita Solorio, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the
Anaheim City Planning Commission held on September 29, 1997, by the following vote of the
members thereof:
AYES: COMM1SS10NERS: BOYDSTUN, IIRISTOL, HENNINGER, MAYER, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, PERAZA
~ day of
IN JJITNESS WF-IEREOF, I have hereunto set my hand this
, 1997.
1 ~ ~'a~O'~o'
SECRETA ANAHEIM CITY PLANNING COMMISSI4N
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