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Resolution-PC 2000-53• • RESQLUTION NO. PC2000-53 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04200 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THAT POR710N OF LOT 4 OF TH`E DOMINGUEZ ESTATE, AS SHOWN ON A LICENSED SURVEYOR'S MAPS FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECOI~DER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF TRACT NO. 7470, AS SHOWN ON A MAP RECORDED IN BOOK 326, PAGES 18, 19 AND 20 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, BEING A POINT ON THE NORTHWESTERLY LINE OF THE SANTA ANA VALLEY IRRIGATION COMPANY, AS DESCRIBED INDEED RECORDED MARCH 7, 1940 IN BOOK 1033, PAGE 362 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 74° 10' 35" WEST 507.09 FEET, NORTH 15° 49' 25" WEST 3.00 FEET, AND SOUTH 74° 10' 3!5 WEST 298.59 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO W.F. GLEASON AND WIFE, RECORDED MAY 22, 1951 IN BOOK 2191, PAGE 226 O'F SAID OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE SOUTH 74° 10' 35" WEST 715.09 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 818.20 FEET, AND WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE ~F 09° 21' 14", AN ARC DISTANCE OF 133.58 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 4, A RADIAL LINE OF SAID CURVE PASSING THROUGH SAID POINT BEARS 50UTH 06° 28" 11" EAST; THENCE ALONG SAID WESTERLY LINE, NORTH 0° 16' 25" WEST 609.25 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CAUFORNIA RECORDED FEBRUARY 27, 1969 IN BOOK 9995, PAGE 577 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED LAND, NORTH 70° 23' 17" EAST 132.19 FEET, NORTH 60° 52' 01" EAST 189.71 FEET, AND NORTH 56° 00'53" EAST 179.51 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 4; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 81° 34' 25" EAST 125.13 FEET, SOUTH 50° 34' 25" EAST 132.00 FEET, AND SOUTH 65° 19'' 25" EAST 142.68 FEET TO THE NORTHWESTERLY CORNER OF SAID LAND OF W.F. GLEASON; THENCE ALONG THE WESTERLY LINE OF SAID LAST MENTIONED LAND, SOUTH 03° 22' 25" EAST 464.60 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 1A: COMMENCING AT THE SOUTHW'EST CORNER OF TRACT NO. 7470, PER MAP RECORDED IN BOOK 326, PAGES 18 THROUGH 20 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, BEING AT A POINT ON THE NORTHWESTERLY LINE OF SANTA ANA CANYON ROAD, 7160 FEET NORTHWESTERLY AT RIGHT ANGELES FROM THE CENTERLINE OF THE WESTBOUND LAND THEREOF AS SHOWN ON SAID TRACT NO. 7470; THENCE ALONG SAID NORTHWESTERLY LIEN OF SANTA ANA CANYON ROAD, SOUTH 74° 10' 35" WEST 507.09 ~EET, AND NORTH 15° 49' 25" WEST 3.00 FEET, AND SOUTH 74° 10' 35" WEST 269.55 ~FEET TO THE TRUE POINT OF BEGINNING THENCE SOUTH 15° 49' 25" EAST 42.60 FEET; THENCE SOUTH 74° 10 35" WEST 660.11 FEET TO CR3947PK.doc -1- PC2000-53 . • THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1968.00 FEET; THENCE ALONG SAID CURVE, THROUGH AN ANGEL OF 6° 39' 31", AN ARC LENGTH OF 228.71 FEET TO A POINT ON THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 4; THENCE ALONG SAID PROLONGATION AND SAID WESTERLY LINE, NORTH 00° 16' 15" WEST 41.74 FEET TO A POINT ON A CURVE NORTHWESTERLY AND HAVING A RADIUS OF 818.20 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 6° 28' 11" WEST; THENCE EASTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 9° 21' 14", AN ARC LENGTH OF 133.56 FEET; THENCE ALONG TANGENT LINE, NORTH 74 10' 35" EAST 744.13 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 3 OF THE DOMINGUEZ ESTATE, AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN TF~E CENTERLINE OF PLACENTIA-YORBA ROAD, AS SHOWN ON PLANS ENTITLED " PLAN AND PROFILE OF PLACENTIA-YORBA ROAD" ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY, DISTANT THEREON NORTH 0°28' 36" EAST 384.41 FEET FROM ITS INTERSECTION WITH THE CENTERLINE OF SANTA ANA CANYON ROAD, 60.00 FEET WIDE, AS SHOWN ON A MAP ON FILE IN SAID OFFICE OF THE COUNTY SURVEYOR; THENCE SOUTH 83°46' S7" EAST 230.68 FEET TO THE WEST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JANUARY 23, 1953 IN BOOK 2441, PAGE 84 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE NORTH 65° 02' 06" EAST 202.77 FEET TO THE TRUE POINT OF BEGINNINC; THENCE NORTH 86° 25' 25" EAST 160.31 FEET; THENCE NORTH 71°12' 00" EAST' 116.09 FEET TO THE SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED (STATE PARCEL C2577) RECORDED FEBRUARY 27, 1969 IN BOOK 8885, PAGE 577 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE A~ONG THE EASTERLY LINE OF SAID LOT 3, SOUTH 0° 32' 18" WEST 609.26 FEET TO A POINT IN THE NORTHERLY LINE OF THE SANTA ANA VALLEY IRRIGATION COMPANY CANAL RIGHT-OF-WAY, THE CENTERLINE OF WHICH IS SHOWN ON A MAP FILED IN BOOK 4, PAGES 44 TO 50 INCLUSIVE OF RECORD OF SURVEYS IN SAID OFFICE, SAID POINT BEING ON A CURVE RECORD OF SURVEYS IN SAID OFFICE, SAID POINT BEING ON A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 818.20 FEET; THENCE FROM A TANGENT BEARING SOUTH 84° 20' 31" WEST, WESTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 22° 40' 42", AN ARC DISTANCE OF 323.85 FEET TO THE SOUTHERLY TERMINUS OF THE EASTERLY LINE SHOWN AS "SOUTH 1 DEGREE 50' 03" WEST, 257.80 FEET" IN PARCEL 2 OF THAT PORTION OF IMPERIAL HIGHWAY RELINQUISHED TO THE CITY OF ANAHEIM (REL-820) BY RESOLUTION OF THE CALIFORNIA HIGHWAY COMMIS!510N, A CERTIFIED COPY OF WHICH RESOLUTION IS RECORDED IN BOOK 10969, PAGE 47 OF SAID OFFICIAL RECORDS, AND AS SHOWN ON MAP RECORDED MAY K23, 1973. IN BOOK 9, OF STATE HIGHWAY MAPS IN SAID OFFICE; THENCE ALONG SAID EASTERLI' LINE OF IMPERIAL HIGHWAY, NORTH 1° 50' 03" EAST 257.80; FEET: THENCE NORTH 9'° 56' 32" EAST 276.46 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2A: ALL THAT CERTAIN REAL PROPERTY BEING THAT PORTION OF THE SANTA ANA VALLEY IRRIGATION COMPANY CANAL CONVEYED TO THE SANTA ANA VALLEY IRRIGATION COMPANY BY DEED RECORDED JULY 18, 1934 IN BOOK 685, PAGE 255 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY, LYING WITHIN THE LIMITS OF THE SOUTHERLY PROLONGATION OF THE SIDE LINES OF LOT 3 OF "DOMINGUEZ ESTATE", AS SHOWN ON -2- PC2000-53 • • A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE EASTERLY LINE, AND THE SOUTHERLY PROLONGATION SAID EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED JANUARY 23, 1953 IN BOOK 2441, PAGE 84 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY. WHEREAS, the City Pianning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 8, 2000 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with t'he 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 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: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.02.052.060, 18.44.050.135 and 18.44.050.300 to establish outdoor seating in conjunction with a coffee shop within an existing commercial retail center, and to further subdivide the center into additional tenant spaces. 2. That the proposed uses will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; that these uses are compatible with the surrounding commercial uses; and that the design of this proposal will allow for its operation without causing a detriment to the peace, health, safety and general welfare of the citizens of Anaheim. 3. That the large size and shape of the existing shopping center on this site will allow development of the proposed retail, office and outdoor uses in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. 4. That the traffic generated by the proposed uses will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to establish outdoor seating in conjunction with a coffee shop within an existing commercial retail center, and to further subdivide the center into additional tenant spaces on property consisting of 15 acres located at the northeast corner of Santa Ana Canyon Road and Imperial Highway, having frontages of 1,095 feet on the north side of Santa Ana Canyon Road and 570 feet on the east side of Imperial Highway, and further described as 5701-5791 East Santa Ana Canyon Road (Canyon Plaza Shopping Center); and does hereby determine that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4021 is adequate to serve as the required environmental documentation in connection with this request upon a finding that the previously approved Negative Declaration reflects the independent judgment of the lead agency and that it has considered the previously approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the tnitial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. -3- PC2000-53 • • NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the maximum number of tenant spaces within this commercial retail center shall not exceed sixty three (63) units. 2. That a landscaping plan for the new parking lot landscaped planters and outdoor dining perimeter planters shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding said plans may be appealed to the Planning Commission. 3. That the owner of subject property shall submit a letter to the Zoning Division requesting termination of Conditional Use Permit No. 1735 (to permit sale of beer and wine for on-premises consumption in a proposed restaurant at 5775 E. Santa Ana Canyon Road, formerly the Sizzler Restaurant). 4. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein. 5. That window signage shall be prohibited. ~ That prior to commencement of the activity authorized by this resolution, or prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2 and 3, above-mentioned, shall be complied with. Extensions for fu~ther time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. That prior to final building and zoning inspections, Condition No. 4, above mentioned, shall be complied with. 8. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLV~ED 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 condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted t the PI in ommission meeting of May 8, 2000. ~ , i~~ CHAIRPE~` N PRO TEMPORE, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~~~'v w/~ ~ . SECRETARY NAHEIM CITY PLANNING COMMISSION -4- PC2000-53 • • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita 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 May 8, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN ~ IN WITNESS WHEREOF, I have hereunto set my hand this ~2 day of , 2000. . _ ~ SECRETA , ANAHEIM CITY PLANNING COMMISSION -5- PC2000-53