PC 76-42~ ~
RESOLUTIO(V N0. PC76-42
A RESOLUTION OF THE CITY PLANPlING COMMISSIOP~ OF TIIE CITY OF ANANEIM
THAT PETITION FOR COPJDITIOt4AL USE PERMIT N0. 1414 (READVERTISED) BE GRA!lTEil.
WHEREAS, the City Planning Comri9ssion of the City of Anaheim ciid receive a
verified Petition for Conditional Use Permit from BETDINE PROPERTIES, ItlC., 1?550
arookhurst Street, Suite A, Garden Grove, California 926n0 (Owner); 41ILLARD R, PO~L,
12550 Brookhurst Street, Suite A, Garden Grove, California 9264n (Agent) of certain
real prooertY situated in the Cit,y of Anaheim, County of Oranne, State of California
described as:
Qe9inning at a spike on the center 19ne of Lemon Street, North 0° 23' 00" 41est
509.55 feet from the southwesterly corner of the land described in the deed to
Herry G. t•leiser, recorded April 13, 1926, in book 636 pa9e 354 of Deeds, said
spike being the northwesterly corner of Parcel 2 as shawn on a man filed ~n book
14 page 1 af Record of Surveys, in the office of the county recorder of said
county; thence f~orth B9° 37' 00" East ~{2.90 feet along the (Jortherly line of saic~
Parcel 2; thence South 2° 55' ~}1" East 114.96 feet to a noint eas*.erly ~!?.~~ feet,
measured at right angles from said center line; thence S~uth ~° 57' 7.6" East
125.40 feet to a point easterly 5R.(10 feet, measured at riqht annles frnm said
center line; thence South 35° 55' 16" East 43.01 fzet to a point easterly '33.0~
feet, measured at right angl?s from said center line; thence IVorth PQ° 37' QO°
East 462 feet, at right angles rror~ said center line; thence South 0° 23' 0~"
East 136.00 feet parailel ~vith said center line; thence South 29° 1R' ~4P" East
111.Sb feet to the southerly ]ine of ssid land of Meiser; thence alona tiie
southerly and easterly line of the land described in the deed to (3etdine
Properties Incorporated, recorded August 2, 1963, in book 6554 nage 33F of
Official Records, South 79° 27' 47" East 381.56 feet, South R2° 33' 51" East
263.53 feet, South 83° 49' OQ" East 9G.lII feet and I~orth 0° 21' 16" East 109.29
feet to the center of said section; thence North Q° 25' 30" l•lest 97.?.9n feet
along the easter1y line of said land of ~4eiser to the northeast corner of said
land, said northeast corner beinq South 0~ 25' 30" East 905.00 feet from a lead
and tack in the navement on the center line of Oranqethorne Avenue, and on a
straight line between said lead and tack and a 3 inch iron nioe vihich ~arks the
southeasterly corner of said land of ~9eiser; thence along the northerly line of
said land of P-te9ser South £i9° 42' 40° West 96?..66 feet, South Q° 25' 3~" East
II.00 feet and South 89° 42' 40" ldest 366.90 feet to the northwesterlv corner oF
said land of Meiser, said northt~~esterly corner being South 0° ?3' ~0" East 913.Q~
feet from a bolt or. said center line of Orangethorpe Avenue, a~hich marks the
northeast corner of the east half of the north~•rest quarter oF said sectinn;
thence Soutti 0° 23' 00" East 4Q7.58 feet to the noint of beginning.
EXCEPT that portion thereof lying southerly and westerly of the follov~inr~
described line: Beginning at said point North 0° 23' 00" I~lest 5~9.55 feet from
said southwesterly cor;,er; thence North 0° 2~' 00" East 65.16 feet to the true
point of beginning; thence along the northerly and easterly lines of the land
described in the deed i:o the State of California recorded ~uly 22, 1957, in book
39a0 oage 191 of Offic~ial Records, South 89a 36' 00" East 50.00 feet, South
2° 08~' 42" East 180.18 feet and South 8~ 28' S0" East 161.94 feet to the nost
southerly corner of said land of the State.
4111EREAS, the City Planning Commission did hold a nublic hearin~i at the City
Hall in the City of Anaheim on Ftarch 1, 1976, at 1:30 p.m., notice of said nub?ic
hearing having been duly 9iven as required by la~~i and in accordance vrith the
provisions of the Anaheim Municipal Code, Chaoter 18.03, to hear and consider
evidence for and against said orooosed conditional use and to investigate and ~nke
findings and recommendatians in connection there~•~ith; and
IJHEREAS, said Commission, after due ins~ection, investiqatinn and stu~a~~ made
by itself an~~ in its behalf, and after due consideration of all evidence and renorts
offered ati saiu hearin~, does find and determine the following facts:
1. That the proposed use is nroperly one for which a conditional use
permit is authorized by Code Section 18.61.05~.440, to ~~iit: exnand an existin~
drive-in theater.
2. That ttie proposed use will not adversely affect the adioinin~ land uses
and the growth and development of the area in vrhich it is orooosed to be located.
RE50LUTION I~lO, PC76-42
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3. That the size and shape of the site nroposed for the use is adequate to
allow the full development of the proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety, and general ~~~elfare of the Citizens
of the City of Anaheim.
4. That the granting of the Cond9t9onal Use Permit under the cnnditions
imposed, if any, will not be detrimental to the peace, health, safetY, ~n~i !~ener~l
welfare of the Citizens of the City of Anaheim.
5. That the Planning Commiss9on does herehy determine that an
apnroximately 25-foot turning radius, as approved by the Traffic Engineer, shall be
required at the Durst Street entrance to the subject drive-in theater.
6. That the petitioner stipulated that the proposed 6-foot hinh cnainlink
fence ~vill be interwoven with redwood or cedar slats and that trees on 5-foot centers
will be planted adjacent to said fence to adequatelY screen the rear of the
additicr.a~ rnovie screen.
%. That no one indicated the9r nresence at said oublic hearinq in
opposition; and no correspondence was received in opoosition to subject oetition.
ENVIROh~MEP~TAL It4PACT REPORT FIIdDINf; .
That the Anaheim City Planning Cormiission does hereby recoririend to the Citv
Council that the subject nroject be exemnt from the reyuirement to prenare an
environmental imoact renort, oursuant to the ~rovisions of the California
Environmental Quality Act.
N04l, TIIEREFORE, BE IT RESOLVED that the Anaheim City Plannin~ Corimission
daes hereby grant subject Petition for Conditional Use Permit, uoon the follo~~iing
conditions which are hereby found to be a necessary prerequisite tn the pro~nsed use
of the subject property in order to preserve the safety and general y~elfare of the
Citizens of the City of Anaheim:
1. That the owner(s) of s~b~ect propert,y shall obtain clearance from the
State of California, Oivision of Ni~htaays, that liqhts from cars within the theater
will not interfere with freeway traffic.
2. That sidewalks shall be installed along Lemon Street as required by the
City Engineer and in accordance v~ith standard nlans and specifications on fil~ in the
Office of the City Engineer.
3. That street lighting facilities along Lemon Street sha11 he installed
as requirea by the Director of Public Utilities and in accordance with stand~rd nlans
and specification~ on file in the Office of the Director of ~'ublic Utiliti~s, and
that a bond in an amount and form satisf'actory to the Cit,y of Anaheim shall he aosted
with the City to guarantee the installation of the above-mentioned renuirements.
G. That an anoroximately 25-foot turning radius, as anoroved by the
Traffic Engineer, shall be provided at the [lurst Street entrance to the drive-in
theater.
5. That trash storage areas shall be orovided in accordance viith an~roved
plans on file with the Office of the Director of Public lJorks.
6. That fire hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Deoartment.
7. That subject property shall be served by undernround utilities.
8. That drainage of subject nronerty shall be disposed of in a manner that
is satisfactory to the City Engineer.
9. That appropriate water assessment fees as deternined by the Director of
Public Utilities shall be paid to the City of Anaheim ~rior to the issuance of a
building oermit.
10. That any metal structures or ::alls shall be developed in accordance
with the City Co;mcil 1~1eta1 Building Policy.
-2- RESOLUTION W0. PC76-n2
~ ~
lla That redwood or cedar slats shall be ins~alled in the cha~nlink fence
surrounding sub~ect proaerty and that if redwood or cedar slats are not available,
metal slats will not be permitted.
12. That sub3act property shall be developed substantially in accordance
saith plans and specificat~ans on file with the City of Anaheisn marked Exhibit Plo. 1,
Rev. 2; provided, h6wever, that trees shall be nlanted on 5-~oot centers adjacent to
the rear of the new movie screen to shield the rear of the screen from view from the
freeway, as stipula;•e~i to by the petitioner.
13. That Condition P~os. i and 3, above-mentioned, shall be comnlied r~ith
prior to the commencement of the activity authorized under tk~is resolutinnw or ~rsor
to the time that the building oermit is issued, m'r ivithin a ~eriod nf or~e-Year from
the date hereof, whiche~rer accurs first, or sucb furti~er time as t'he Plannin~
Corm~ission may grant,
14. Tliat Condition Nos. 2, ~, 5, 6. i, 3, 1D, ~1; and 12, above-mentioned,
shall be complied with orior to final buil~in,~ and zoning insaections. „
15. That no "X-rated" films shabl be oroiected on the screens of sub,iect
property.
TIIE FOREGOItJG RESOLUTION is signed and approved by me this lst dav of
hlarch, 1976.
,,,/.~ ~-Y!
R PI, t! F .. NN tl t. r ~
ATTEST:
lliZ~~~i'~'~%G%~sC/
SE RET R, N N+EIM CIT PL hl(~ IQG OMIIISSION
STATE OF CALIFORWIA )
COUNTY OF ORANGE )ss.
CITY OF At~AIIEIM )
I, Patricia ~. Scanlan, Secretar.v of the City Planning Commission of the
City of Anaheim, do hereby certify that ~the foregoing resolution aias nassed a,nri
adopted at a meetina of the City Planning Commission of the City of Anaheim, held nn
tlarch 1, 1976, at 1:30 p.r~., by the follot•~9ng vote of the memters thereof:
AYES: COMMISSIOWERS: BARNES, IiERBST, JOHNSON, KING, MORI..EY, TOLAR, FARAtdO
YOES: COMMISSIONERS: NONE
ABSENT: COMMISSI~JIJERS: NONE
1976.
II~ I~JITIJESS WHEREOF! I have hereunto set my hand this lst day of March,
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_3_ RESOLUTIOP! N0. PC76-42