PC 76-80~ ~
RESOLUTION NQ, PC76-RO
A RESOLUTION OF T11E ANAHElM CITY PLHNMIN~ COMMISSION
THAT PETITIOt~ FOR CONDITIONAL USE PERHIT N0. 3fi1Fi BE GRAtJTFO.
WHEREAS, the Anaheim City Plannin9 Commtssi~n did receive a verified
Petition for Conditional Use Permit from IMPERIAL PROPERTI[S, 201 +lia Quieo, Netvport
8each, California 92660 (Owner); RORERT b. HAUf,AARD, JR., 1~1 5. Los Robles,
Pasadena, California 91101 (Agent) of certain real property situated in the City of
Anaheim, County of Orange, State of California described as:
That nortion of Lot 4 of the Dominguez Estate as shown on a Licensed Surveyor's
Map fiied in book 2, page 15 of Record of Surveys in the office of the County
Recorder of Or~nge County, California, described as follows:
Beginning at the Southwesterly corner of TracC No. 747Q as showr, on a Nap
recorded in book 326~ Pa~es 18, 1~ and 2Q of Miscellaneous Maps~ records of said
Orange County, being a roint on the Northeaesterly line of thr: Santa Ana Valley
irrigation Company as descrihed in deed recorded March 7, 1°40 in hook 1~33, oaae
3G2 of Official Records; thence along satd Northwesterly line South ~lio ~~, 3'r~~~
61est 5~7.09 feeY, North 15° 4°' 25" West 3.~0 feet and South 74° 1~' 35" 1•lest
298•59 feet to the South~~esterly corner of the land described in deed to bl. F.
Gleason and wife recorded tlay 22, 1951 in book 21Q1, page 226 of said nfficial
Records, being tl~e True Point of Beginning; thence continuin~ along said
florthwasterly line South 74° 1Q~ 3?~' West 715•~4 feet to the beainnin~ of a
tangent curve concave tdortherly having a radius of R13.2Q feet, and ti~esterly
along said curve through a central angle of 0~° 21' 14" an arc distance of 133.5'~
feet to a point on the Westerly line of said Lot 4, a radial line of said curve
passing throu9h said point bears South Q6° 28' 11" East; thence alonq said
Westerly line North Q° 16' 25" West 6~9.25 feet to tha Southwest~rly cornPr ~f
the land described in deed fo the State af California recorded February ?.7, 14~4
in book 0885, page 577 of satd Official Records; thence along the SoutheastPrly
line of said last mentioned land Ncrth 70° 23' 17" East 132.19 feet, PJorth ~~~° 5?'
01" East 109.71 feet and tJorth 55° 00' S3" East 179.51 feet to the P7ortheasterly
iine of said Lot 4; thence along said Northeasterly line South A1° 3~}~ 25" East
125.13 feet, South 50° 34' 25" East 137.~~ feet, and Soutii 55° 1°' ZS" East
142.68 feet to the Northwesterly corner of said iand of W. F. Gleason; thence
along the Wester•ly line of said last mentioned land South 0;° 22' 25" East 4(~4.b0
feet to the True Point of Beginning.
WHEREAS, the City Planning Commission dtd hold a puhlic hearin9 at the City
Hall in the City of Anaheim on April 26, 197(~, at 1:3~ P•m., notice of sai~l public
hearing having been duly 91ven as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter i8.03. to hear and cnnsider
evidence for and egainst said proposed conditional use 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 aC said hearin9, does find and determine the following facts:
1. That the praposed use is properly one for :ahich a conditional use
permit is authorized by Code Section 18.44.05~.3~~r to wit: permEt a ~irive-through
restaurant in a planned unit shopping center with waivers of:
a. SECTIODI 1~3.p(~.Q60.020 - Minimum numb~r of arkin s aces.
577 spaces spaces required; 55~ sP~crs nrn~ose~1)
b, SECTIOtJ 18.84.Q62.011 - Minimum structural setback acljacent to
an expressway. 1~~ eet required;
7f1 feet proposed)
2. That Waiver 1-a, ahove-mentioned, is herehy granted on the hasis that
similar oiaivers have been granted previously in connection with drive-t•hr~ugh
restaurants having sit~down facilities.
3, That Waiver 1-b, above-mentioned, is hereby granted on the b:~sis that a
similar waiver was previously granted for commercial devel~pment in the ScPnic
Corridor, and adequate landscaping is provided adJacent to the right-of-way, the~eby
RF.SOLUTIOH M0. PC7fi-$0
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minimizing the potential impact of the propased structure and the meJor parking areas
on the passing vehicles.
4. That the Planning Commission does hereby determine that the strr.et
improvement~, and speciftcally tlie medians in Vla Cortez shall be revlewed by the
Traffic Engineer for possible modificatton to insurr. smeoth flow of traffic on said
street.
5. Tha[ the Planning Commission does hereby determine that the properties
which would be served by the traffic signal at the intersection of Santa Ana Canyon
Road and Via Cortez should participate in the costs for said sigr~alizati~n nn an
acreage basis; and that the Traffic Engineer has estimated the current t~tai cnst:
for said signalization to he S4q,o~~~, which costs woulcl hP proportionately
distributed as follows for a total of approximately 39 acres of land a~hich are
expected to benefit by subJect signalization:
a, i~i acre subJect property
Owner: Imperial Pro~~rties
35~' : $14,~00
b. 8 acre parcel to tlie west of suhJect prooerty
O~aner: Freeway Commercial Prorerties, fnc.
z~q : S8,4no
c. 8 acre parcel to the north of subject property
Owner: freeo-iay surplus right-of-way
2t~ : Sg,4no
d. 9 acre parcel to the east of suhJect property
Owner: Hazel I. Maag
23~ : 59~2~0
fi. That the prop~sed use will not adversely affect the adjnining land uses
and the growth and develepment of the area in which it is pr•~posed to he located.
7. That the size and shape of the site proposed for the use is adequatP t~
a~low the full development of the prop~sed use in a manner not detrimental to the
particular area nor to the peace, health~ safety, and general welfare of thr Citizens
of the City of Anahetm.
8. That the granting of the Conditional Use Permit under the con~iitions
imFosed, if any, will not be detrimental to the peace, health, safety a~~~! genPral
welfare of the Citizens of the Ctty of Anaheim.
9. That one (1) person appeared at said publtc hearing in orpositi~n and
the opposing comments were directed Coward the EIR Negative Declaration and favoring
preparation~ of an Environmental Impact Report; and no correspondence was rPCeived in
opposition to subJect petition.
EIJVIRONMENTAL RIPACT REPORT FINDING:
7hat the Anaheim City Planning Commisslon does hereby recommend to the City
Louncil thi~t the subJect proJect be exempt from the requirement to preoare an
environmental impact report, pursuant to the provisions of the California
Environmental Quality Act.
NOW, THEREFORE, RE IT FESOLVED that the Anaheim City Planninq Commission
does hereby grant subject Petiti~n for Conditional Use Permit, upon the foll~v~ing
conditions which are hereby found to be a necessary prerequisite to the prorosed use
of the subject property in order t~ preserve the safety and general wPlfare c+f the
Citizens of the City of Anaheim:
1. That the property owner(s) shall proportionately, on the basi<~ of
acreage, participa2e in the costs of furnishing ancl installing a tr~ffic si~n~l at
the intersection of Santa Ana Canyon Road an~1 Vi~ Cortez, said participati~n t~ he
35~ of the total cost ($4Q,Q~Q) anrl amounting to $14,000, and said amounC shall he
paid prior to the issuance of building permits.
2. That subject property shall be develooe~l suhstantially in ~ccor~lance
with plans and specifications on file with the City of An~heim markeri Fxhihit Nns. 1,
2, 3 and 4.
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THE FOREGOING RESOLUTIQ~7 ts signed and approved by me this 2Fith day ~f
April, 1976.
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CHAIRM tl, A~IAHEtM GITY PLA"lNttir, C~?MM~°r5l~f"2
ATTEST:
~~,~~~,~~~~,J
SECRETARY, A~~AHEIM CITY PLANNINr, COMMISSIJN
STATE OF CALIFORNIA )
COUtdTY OF ORANGE )ss.
CITY OF ANAHEIM )
I, Patricia i3. Scanlan, Secretary of the City Planning Commtssion of the
City of Anaheim, do hereby certify that the foregoing resotution was passPd and
adopted at a meeting of the City Planning Commissian of the City of Anaheim, hel~l ~n
April 2b, 1976, at 1:3~ p.m., by tlie following vote of the members thereof:
AYES: CQMMISSIOIJERS: HERF75T, KIN,, MORLEY
NOES: C014MISSIONERS: BARIIES, FARAP70
ABSENT: COMMISSIONERS: JOHNSOPI, TOLAR
It! WITt~ESS WHEREOF~ I have hereunto set nry hand this 2f.th day of April, iQ76
~~~,~,~~~.~/
SECRETARY, AMAHEIM CI LA~IWIIaG COMMISSIOM
-3- RESOLUTIOt~ ~10. PC7F-80