PC 76-5~ ~
RESOLL'TIGi~ f~0. PC7fi-5
A RESOLUTIOiI OF TI1E CI7Y PLAt~NING CO'1'1ISSI~t~ OF TIIE CITY OP A(~AIIEI.•~
THAT PETIT10I1 FOR COIIUITIOtiH~ USE PER,SIT ti0. 159~ fiE GRAF~7E~, IN PA2T.
l1HEREAS, the City Planning Commission nf the City o' Anaheira did r~cei~e a
verified Peti~ion for Conditional Use Permit °rom T. E. YELLIS, c/o LEO'L~RD S'1ITH
REAL ESTATE, 125-D Soutli Claudina Stree~t, Anahein, Ca?ifornia ~'LR05 (Owner); LEOtJl1P,~
S~tITH, 125-D South Claudina Street, Anaheim, California 9T_305 (A~err~) of certain real
property situated in the Cit~ of An~hein, County of Ort~ge, ~tate of California,
described as:
Pl1f2CEL 7., I~I TH[ CITY OF AI;AHEI~t, COUtITY OF ORAflGE, ST.1?E ~F CIILIFOR~IIA, AS SIIOIlId Q!~I
A PARCEL ?1AP FILEU If~ f3QOf: ?2, PAGF 24 OF ('AI~CEL t•tAPS Tt~ TNE OFFICE OF TI!c COU~ITY
RECORDER QF SAIU COL'(~TY.
[XCEPT ?I1E !lORTI1ERLY ? 5Q. ~0 F[[T OF THE WESTERLY 150.00 FEET.
SAIU i~OP.TH~RI.Y 150.00 FEE7 AND I~IESTERLY 150.n0 FEET [3EIi~G ItEASURED i~.T RI3HT At; ~LE'
FROh1 TI1E TAtIGEt~TIAL PORTIOIJS OF TIiE ~~ORTIiERLY A(~D 51;S7ERLY L?~IES OF SAIU PARCEL.
WHEREAS, the City Planning Commission did hold a public hearin~ at the Cit~
Nall in the i.ity of Anaheim on January 5, 1976~ at 1:3~ o.m., nntice of said puh1~~
hearing having been duly given as required by lav~ anc] in ec:ord~nce with tP~
nrovisions af L•he Anaheim Municinal Code. Chapter. t~i.73, tn hear and considtr
evidence fo:^ and a~ainst said proposed conditional use and to investigate and ma'e
findings and recommendations in connection therewith; and
WNEREAS, said Corr~ission~ arter due insaectior. investigation and study ma?e
by itse'f and in its behalf, and after due consideration of all evidence and renor:s
offered at said liearing, does find and determine the fnllov~inc facts:
1. That the propose~ use is properly one far ~rhicli a conditionol use oer.it
is authorized by Code Section 13.4h.C50.C10~ to ti~~it: rerm;t a restaurant with ~n-
sale liquor~ with waiver of:
SECTIO~J 18.4A.063.02~ - Plinimur~ structural setback. (5 feet requir~d;
eet prnpose
2. That thp abnve-nentioned waivr.r is hereby deterr~ined to be unneces ary
since it has been ~etermined that the reference~~ structure is nnt situated on the
subject property, but rather in tfie nublic riaht-of-way.
3, That tl:e petitioner stipulated ~o anoly for an encroach~ent nemlt '~~m
the City of Anaheim ir~ order to retain the existin~ blocl: ~~iall in the rinht-of- vay
area alon~ Alameda Avenue; that the prunerty o~aner(s) will maintain said exist'n~7
b~ock ~•rall; and that in the ~vent said +vall is removed in the futur~, the prope~ty
o~:ner(s) wi11 construct tree wells in the rfght-of-way similar to those east of
ValZey Street.
1. Tfiat the proposed use will not adversely affect the adjoininn larod u~es
and tl~e growth and develoonent ot ~he area 9n which it is oroposed to be lncated.
5. That the size and shane of the s4te nronose~i for the use is adPquatc `,n
all~w tiie full de~eloGment of the proposed use in a nanner not detriment~l to t~e
partic~lar area nor to the ne~ce, Izealth, safet:i~ and general ~~ielfare of the Citizc~s
of the City of AnaheiM.
6. That tl;e grantinn of the Cunditional Us2 Pernit un~fer the conditin s
irnposed, if any, wi17 not he de*rimental to tlie oeace, health~ safety and qr,ner.1
wel`are of tlie Citiccns of the Cit.y of Anatieim.
7. That no one indicated their nresence at said Puhlic liearin9 ~n
opnnsition; and no corresnondence was received in opposition to subject ~etitinn,
E'~VIROI'!!tENTA! I"1PACT R[POkT FIt,GIN6:
That the Anaheim Citv Plsnning Commtssion does recorm~End tn the City Counci'
of *_he City of Anaheim that the sub,ject orn9ect he exe~nt from the requirenent t~
RFSOLUTIOP~ ~10. PC76-5
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prepare an environmental impact report, nursuant to the provisions of the California
Environmental Quality Act.
td04J, TIIEitEFORE, [iE IT RESOLUF.D that tlie Anafieim City °lannin~ Conmission
does hereby grant subject Petition for Conditional Use Permit, u~on tlie followinn
conditions ~~t:ich are here~•y found to be a necessary nrerequisite to the oronoserl use
of the subject pro~er~ty in n•rder to ~reserve the safety and general welfare of the
Citizens of the City o~` Anaheim:
1. That street lighting facilities along Brookhurst Street, Alameda ~venue,
and Valley Street shall be installed as req:~ired by the Director of Public Utilities
and in accordance ti~iith stanaard plans and specifications on file in the Office of the
Director of Public Utilities; and tliat a bond in an amount and form satisfactory to
tlie City of Anaheim shall he posted ~vith the Ctty to guarantee the installation of
the above-mentioned requirements.
2. That the owr~Er(s) of subject property shall acquire access to Alameda
Avenue. "
3. That the property owner(s) shall apoly to the City of Anaheir~ `or an
encroachment permit to retain the existing block aiall on Lot A on the north side of
Alameda Avenue in the right-of-way area; that said wall shall be maintained by the
property owner(s); tliat full sidewalks shall be constructe~ on the north side of
Alameda Avenue ad,;acent to the subject oropert.y, in accordance with standard plans
and specifications on file t~~ith the Office of the City Engineer; and that ^n the
event said a~all is removed from the right-of-t~~ay area, the oronertY owner(s) sha'il
construct tree ~~ells similar to those east of Valley °treet, as stinulated to by the
petitioner.
h, That the o~•~ner(s) of subject property shall oay to the C~*y of Anaheim
the sum of 60 cents per front foot along Drookhurst Street, Alameda A~~enue, and
Valley Street for tree planting purposes.
5. That side~~alks shall be installed along Valley Street and Crescerr~
Avenue as required by the City Engineer and in accordance ~~+i•th standard nlans and
specifications on file in the Office of the City Engineer.
6. That trash storage areas shall be ~rovided in accordance vrith anr~r•oved
plans on fiile with the Office of the Uirectar of Public Works.
7. That fire hydi^ants shall be install~d an~+ charged as required a~ut
determined to be necessar.y by the Chief of the Fire Denartnent rrrior to commencenent
of structural framing.
8~ That subject property shall be served by under~ro:~nd utilities.
9. Tl~at drainage o` subject nronerty shall be disnosed of in a manner
satisfactory to the City Engineer.
10. In the event that subject prooerty is to be divided for ttie nurnese of
sale, lease or financing, a parr,el map to record the a~proved division of sub,iect
property shall be submitted to and approveri by the City of Anaheim and then be
recorded in the Office of the Orange County Recorder.
11. That appropriate arater assessment fees, as determined b,y ~he Diractor
of Public Utilities, shall be naid to the City of Anaheim prior to the issuance of a
buildin9 pernit.
1?, That subject ~rooerty shall be developed substantially in accordance
with plans and specifications on file ~•.ith the City of Anaheim marked Exhibit Nos. 1,
2, and 3.
13. That Condition Wos. 1, 2, 3, h, and 10, above-mentioned, shall be
complied with prior to the commencement of the activity authorized under this
resolution, or prior to the time that tlle building nermit ts issued, or +~ithin a
period of one year from date hereof, ~vhichever occurs first, or such further time as
the Flannin9 Commission and/or City Council may grant.
14. That Condition (Jos. 5, 6, £!, 9, and 12, above-mentioned, sha~l be
complied t~~ith priQr to final building and zoning inspections.
_Z_ RESOLUTIOPI~~O. PC76-5
~ , ~ . :-
TIiE fOREGOING RESOLUTION is signed ard aoproved by me this 5th day of
January, 1976.
~~ ~ ~~~
CH I•1AN, AN H•I~•1 CITY LAtIf~It4G COt4M,ISSIOfI
ATTEST:
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SECRE AR , Ai~AHEI~4 CITY PL NfJIiIG COP1t•iIS5I0TJ
STATE OF CALIFORfdIA
COUfJTY OF ORAPlGE s~.
CITY OF ANAN[IIt i
I, Patricia d. Scanlan, Secretary of the City Planning Comr,iission o.` the
City of Anaheim, do hereby certify ~hat the fore9oing resolution ~+as passed and
adopted at a meeting of t!ie Cit,y Planning Corimission of the City of Anaheim, held on
January 5, 1976, at 1:30 p.m., by the folloi~~ing vote of the members thereof:
AYES: COI1MISSIOflERS: DARIJES, f1EP,aST, J011tiSON, Y.ING, "10RLEY, TOLAR, fARANO
NOES: COPIMISSIOP~ERS: NOPIE
AQSENT: COPiMISSIONERS: NONE
IN IJITP~ESS 4111EREOF, I have hereunto set my hand this 5th da.y of January, 1976.
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SE~IA , i~ H 15' f~NIfaG 0~1~• ISS OP7
_3_ RESOLUTIO(J t10. PC7G-5