Resolution-PC 97-79~ ~
RESOLUTION NO. PC97-79
A RESOLUTICIN OF THE ANAHEIM CITY PLANN!NG COMMISSION
THNT PETITION FOR CONDITlONAL USE PERMIT N0. 3925 BE GRANTED
WH~REAS, the Anaheim Ci.y Planning Commission did receNe a ver~ed Petftion for Canditional
Use Permft for certa(n real property sftuated fn the Ciry of Anaheim, County of Orange, S'rate of Calffornia,
described as
THAT NORTH 85.20 FEET OF THE WEST 400.00 FEET OF 7HAT SOUTH 170.4 FEET ~F
THAT PORTION aF THE NORTHWEST QUARTER OF THE fVORTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCH6 SAN JUAN CA,ION DE SAN"i'F+ ANA, IN THE CITY UF ANAHEIM,
COUiJTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
800K 51, PAGE 10 OF MISCELLANEOUS MAPS, REGORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRISED AS FOLLOWS:
BEGlNNING AT A POINT IN THE WEST LINE OF SP.ID SOUTHEAST QUARTER OF
SECTION 22, DISTANT SOUTH J DEGREES 14' 30" EAST 298.40 FEET FROM THt
CENTER OF SAfD SECTION, SAID CENTER POINT FEIF:G THE INTERSECTION OF THE
CENTER IJNE OF CERRITOS AVENUE FROM THE WEST WITH THE NORTH AND
SOUTH ~UARTER SECTION UNES OF SAID SECTION; THENCE FROM SAID POINT OF
BEGINNING NORTH 89 DEGREES 56' 00" EAST 660.70 FEEf TO A ONE-INCH iRON
PIPE, AS SHOWN ON f~ MAP FILED IN BOOK 15, PAGE 4 OF RECORD OF SURVEYS
IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA;
THENCE SOUTN 0 DEGREES 15' 00" EAST 340.76 FEET TO A ONE-INCH IRON PIPE,
AS SHO`JVN ON SAID SURVEY; THENCE SOUTH 89 DEGREES 55' 30 " WEST 660.75
FEET TO A POINT ON SAID WEST LINE OF THE SOUTHEAST ~UARTER; DISTANT
SOUTH 0 DEGREES 14' 30" EAST 639.26 FEET FROM THE CENTER OF SAID SECTION;
THENCE NORTH 0 DEGREES 14' 30" WEST 340.86 FEET TO THE POINT OF
REGINNING.
EXCEPTING THEREFROM ALL OIL AND MINERAL SUBSTANCES IN AND UNDER 5A10
PROPERTY BELOW A LEVEL OF 500 FEET FROM THE SURFACE OF SAID PROPERTY
FORTHE PUR~O~ES OFEXPLOITING FOR, DEVELOPING, PRODUCING OR REMO~,'ING
SAID SUBSTANCES, AS RESERVED iN THE DEED FROM MILDRED A. KELLS, A WIDOW,
AND OTHERS TO DISNEYLAND, INC., A CORPORATION, RECORDED SEPTEMBER 7,
1954, IN BOOK 2811, PAGE 276 OF OFFICIAL RECORDS. SAID RESERVATION IS MADE
UPON THE CONDITION THAT IF NONE OF SAID SUBSTANCES BE PRODUCED FROM
SAID PROPERTY IN °AYING QUANTITIES P[~IOR TO JANUARY 1, 1980, THEN THIS
RESERVATION SHALL MiD BE OF NO FURTHER FCRCE OR EFFECT.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City
of A~aheim on June 23, 1997, at 1:30 p.m., notfce of said public hearing having been duly given as required by
law and in accordance with the provisions of the Anaheim Mun(cipal Code, Chapter 18.03, to hear and consider
evidence for and agafnst said proposed conditionai use permit and to investigate and make findings and
recommendations in connection therewith; and
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WHEREAS, said Commiss(on, after due (nspect(on, ir.vestigat(or~ and sTUdy made by itself and fn
its behalf, and after due considerat(on of all evldence and reports offered at said hearing, does flnd and determine
the following facts:
1. Tl~at the proposed use is properly one for which a conditional use permft fs authorized by Anaheim
toiunicipal Code Se~tton 18.48.070.050.0521 to permft a semi~nclosed restaurant with an outdoor dinfng area
(patfo) with waiver of the followtng:
Sections 18.06.030.022.0232 - Minfmum number of narking saaces.
and 18.48.110.120 105 required; 41 existing)
2. That the parking waiver, under the conditions fmposed, will not cause fewer off-street parking
spaces to be provided than that which is requfred for the restaurant use under normal and reasonably foreseeable
conditions of operation as demonstrated by the parking demarui study p~ epared for this project by Traff(c Safery
Engineers and dated January 14, 1997;
3. That the requested waNer, under the conditfons imposed, will not increase the demand and
competftion for parking spaces upon the public streets or upon adjacent private property, nor increase traffic
congestion, nor impede vehicular ingress to or egress from adjacent properties or upon the public streets due to
the pedestrfan-oriented nature of the area; and that patrcns will arrive on foot from surrounding hotel, recr~ation,
convention and/or entertafnment uses in the immediate area;
4. That the propcised use, a sem(-enclosed restaurant with an ~utdoor dining area, fs pro~orly one
for which a condftionai use permit is authorized by the Zoning Code for Development Area 1(Commercfai
Recreation District) of the Anaheim Resort Speciftc Plan No. 92-2;
5. That the proposed use will not adver,ely affect the adjoinfng land uses and the growth and
development of the area in which it (s proposed *~ be located because the praJect complies with tho sfte
development standarde of the zone (n which ft is Idcated; and that the subject pro~erty is of an adequate sfze and
shape to accommodate thQ development as prnposed;
6. That the sfze and shape of the site for the proposed use is adequate to allow the full devolopment
of the proposed use in a manner not detrimental to the particuiar area nor tc the peace, health, sa~ety and general
welfare because the proposed outdoor dining area is accessory to the existing full-service restaurant and, as such,
will not adversely affect adjoining land uses nor the growth or development of the surrounding area, nor be
detrimental to the peace, health, safety or general weifare of the surrounding community;
7. That the traffic generated by the ~roposed use will not impose an undue burden upon the streets
and highways des(gned and improved to carry the traffic fn the area;
8. That the granting of the conditional use permit under the conditions fmposed, will not be
detrimental to the peace, health, safety and general welfare of the citfzens of the City of Anaheim; and
9. Thst no one indfcated ~heir presence at said public hearing in opposftion; and that no
correspondence was received in oppesition to the subjert petft(on.
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CALIFORNIA ENVIRONMENTAl,:.,_~UALITY ACT FINDING: That the Anaheim Ciry Planning
Commission has reviewed the proposal to pe~~ :~t ~+ :.~smi-enclosed restaurant with an outdoor dining area (patio)
on a rectangularly-shaped properry cons(stin~ c,i c~~proximately 0.66 acre, with approximately 83 feet of ftontage
on the east sfde of Harbor Boulevard, and located approximately 788 feet north of the centerline of Freedmo eVthe
(1560 South Harbor Boulevard - Intemational House of Pancakes Restaurant); and does hereby app
Ne~ative Declaration upon flnding that the declaration reNects the independent judgement of the lead agency and
that it has cansidered the NegatNe Declaration together with any comments received du~ing the public review
process and further flnding on the basis of the inftial study and any comments rsceNed that there is no substantial
evidence that the project will have a s(gnfficant effect on the environment.
NOW, THEREFORE, BE IT RESOLVFD thai the Anaheim Ciry Planning Commission does hereby
srant subject Pet(tfon for Condftionai Use Permit, upon the following conditions whlch are hereby found to bs a.
s;ecessary p~erequisite to tf~e proposed use of the subJect property in order to preserve the safety and general
welfare of the Citizens of the Ciry of Anaheim:
1. That the property owner/developer shall be responsible for compliance with all of the mitigation measures
set forth in Mitigation Monitoring Plan No. 007 for this project, and for complying with tha monftaring and
reporting program established by the Ciry (n complianee with Section 21081.6 of the Public Resources Code.
Furthermore, the property owner/developer shall be responsible for any direct costs associated with the
monitoring and reporting requirements to ensure implementation of those mitigation measures identffied in
Mitigation Monito~ing Plan No. 007 which is made a part of these conditions of approval by reference.
2. That prior to the issuance of a buflding permft, the developer shall submit evidence to the Pubiic Works
Depar~ment, Development Services DNision, that the site is a legal parcel of record as defined by the
SubdNision Map Act. If the sita is not a lega! parcel, the developer shall submft a Certificate of Compliance
for review and approval by the CMy Engineer.
3. That the canvas awning over the front entrance, and outdoor patio furnishings, including umbrellas, shall not
contain advertising or depict the name or logo of the business or any product or product name, logo,
trademark, or slmilar idenY~ication or advertisfng display.
4. That prior to final building and zoning inspectfons or prior commencement of the activities authorized by this
resolutfon, whichever occurs flrst, the property owner/developer shall remove the nonconforming freestand(ng
pole sign located fn the parking lot area behind the building, including the sign footing to a minlmum depth
of tweive inches (12") below the finished grade.
5. That prior to final building and zoning inspections or prior to commencement of the activities authorized by
this resolutian, whichever occurs flrst, the property owner/developer shall remove the nonconforming
freeatanding pole sign located in the front setback area, including the complete foot(ng located within the
Harbor Boulevard publ(c ~ight-of-way; and, at the property owner/developer's option, repiace said sign with
a new Anaheim Resort monument sign.
6. That landscaping and irrigations systems shall be permanenUy malntained by the property owner/developer
in compfiance wfth Ciry standards.
7. That :he subject property shall be developed substant(ally in accordance vvith the pians and speciflcatfons
submitted to the City of Anaheim by the petftioner and which plans are on file wfth the Planning Department
marked Exhib(t Nos. t throuyh 5.
8. That approval o~ !his appiication constftutes approval of the proposed request only to the extent that it
compi~es with the Anaheim Municipal Zoning Cade and any other applicable City, State and Federal
r3gulations. Approval does not indude any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
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9. That prior to flnal buflding and zoning inspections, a licensed landscape architect shall provide a letter to the
Planning Department certifying that all landscaping and irclgation systems h'ave been installed in accordance
wfth landscaping plans approved in connection wfth the Final Site Plan.
(Condition No. 13 of Ordinonce No. 5454, adopted in connection with the Annheim Reson Specifrc Plan No. 92-2)
10. That any tree planted wfthin the Setback Realm shall be replaced in a timely manner in the event that ft is
remove~, damaged, diseased and/or dead.
(Condltion No. 15 of OrdJnance No. 5454, adopted !n connection with the Mahelm Resort Speclilc P/an No.
92-2)
11. That a licensed arborist shaii be responsible for all tsee trimming.
(Condition PJo. 16 of Grdinancs No. 5454, adopted In connectlon with the Maheim Resort Speclflc Plan No.
92-2)
12. That pressure washing operations for purpcses of buildfng repair and maintenance due to graffiti or other
aesthetical considerations shall be Iimited to daytime hours of operation beriveen 7:00 a.m. and 8:00 p.m.
(Condition No. f9 of Ordinance No. 5454, adopted in connection wlth the Mahelm Resort Speclflc Plan No.
92-2)
13. That the property owner/developer shall be responsible for the removal of any on-sftE grafffti wfthin 24 haurs
of its application.
(Condition No. 27 of Ordinance No. 5454, adopted In connection wlth the Maheim Resort Speciflc Plan No.
92-2)
14. That the granting of tho parkfng waiver is contingent u~on operation of the use in conformance with the
assumpt{ons and concluslons relating to the operatfon and intensity of use as cont2lned in the parking
demand study that formed the basis for approval of said waNer. Exceeding, vi~lating, intensifyirg or
otherwise deviating from any of said assumptions and/or conclusions, as contained (n the parking demand
study, shall be deemed a vlolatfon of the expressed condftions imposed on safd waNer which shall subject
this Conditional Use Permit to termination or mod'rfication pursuant to the provisions of Sectlons 18.03.091
and 18.03.092 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the I~naheim Cfty Planning Commission does hereby find and
determine that adopt(on of thfs Resoiutfon (s expressly predicated upon applfcanYs compilance with each and all
of the condft(ons hereinabove set forth. Should any such condftion, or any part thereof, be declared invalfd or
unenforceable by the 8nal judgment of any court of competent Jurisdiction, then this Resoluilon, and any approvals
herein contained, shall be deemed null and vuid.
THE FOREGOING RESOLUTION was adopted at the Planning Comm(ss(on meet(ng of
June 23, 1997.
Z~'u-~ ~~~~~~
CHAIRPERSON ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SECRETARY, A AHEIM CITY PIAMNING COMMISSION
.q_ PC97•79
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim Ciry Planning Commission, do hereby certffy
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Pianning
Commissfon held on June 23, 1997, by the foilow(ng vote of :he members thereof:
AYES: COMMISSIONERS: BOSIINICK, BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MAYER
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of (~ ~ -~
1997. „ „
SECRErARY, AHEIM CITY PLANNING COMMISSION
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