PC 77-260RESOLUTiOt~ t~0. PG77-260
A P,ESOLUi1011 OF TtfE Af!lU1EIM CITY PLANNItIG COMNISSIO~~
TNAT PETITlOS! FOR CONDITIO!~AL US[ PERMIT N0. 1772 BE GRAIITED, Itl PART
WtiER[AS, thc Anahein City Planniny Commissian did receive a verified
Petiti~n for Conditional Use Perrnit frorn ALVIN U. AND ESTIIER M. PENHALL, 120~ t~orth
Harbor tioulevard, Anaficim, California 92fi01, owners, and TORRE CO'1STRUCTION COHPAIJY,
1101 Uove Street, Suite 2~~0, I~ewport f3each, California 92GG0, ayent, of cer[ain real
property situated in the Ci[y of Anaheim, County of Orange, Statc of California,
describrd as:
That portion of Lo[ 13 of Helen and l.ynch's Subdivision of the
west half of Section 1G, 7ownship h Sou[h, Ranye 10 Wes[, San
Bernardino Base and 14eridian, shown as Parcel 2 oF Parcel Map
recorded in book 3~, page 2G of Parcel t1ap records of said Orange
County; and
UIiEREAS, the City Planniny Commission diu hold a public hcaring at the Ci[y
Hall in tl~e Ci[y of Anaheim on I~ovember 21, 1y77, at 1:30 p.m., notice of said public
hearin9 haviny been duly yiven as required by law and in accordance wi[h the
provisions of the Anaheim Municipal Code, Chapter to.03, to fiear and consider
evidence for and agains[ sai~ proposed conJitional use and to inves[iyate and make
findings and recoromendatiuns in connection therewi[h; and
WHCREAS, said Cornmission, af[cr d~e inspection, investigation and study made
by itself and in its behalf, and after due consiJer•ation of all evidence and repor[s
offered at said hearing, docs find and de;ermine Che followinr; facts:
1, Tha[ the proposeu usc is {~ropcrly one for which a conditional usc
permit is authorized by Anaheim 14unicipal Code Sections 18.44.05~~.010 and
1a.44.050.300, to wit: to permit semi-enclosed restaurant with a waiver of:
SECTI011 lo.ti4.OG4.012 - Re uired [ree screenin~.
None proposed
?, 7hat the proposed use is granted subject to petitioner's stipulations
to provide a twenty ('LQ) foo[ widc, landscaped buffcr arca alony the northerly
approxirnately 110 feet of the easterly property linc adJacent to [hc exis[ing
residential devclopment; and [o alla•i inyress and egress at Che nortlicrn driveway but
[o restrict [he souttiern ~friveway [o ingress only" by means of proper signing
designating said drive~ay "entrance only", 'said information [o be posted a[ Euclid
Strcet and on the southcast correr of [hc proposeJ buildii~g.
3, That thc afcrcioentloned waiver is denied on the basis that the
pecitioner stipulateo to providin~ a landscaped plenter adjacent to the ea5terly
property line to buffer the adjacent residential uses from the commercial proposal
anu that the waiver is, therefore, unnecessary.
q, That the propos~d use, as yranted, will not advrrsely affect the
adjoining land uses and the yrc+wth and developuient uf the area in which it is
proposed to be located.
PC77-260
5, That thc sizc and shape of tl~e site prc~posed for the usc, as 9ranted,
is adequatc to a11cw th~ full devcloprnent of thc proposed use in a ~n~ne~neral
9
detrie~enta! Lo the particular area nor to the peace, healch, sa ety,
welfare of the Citirens of the Gity of Anahcim.
~, That the Conditional Use Permit, as yran[ed, and undcr thc conditions
iiaposad, will not be Jetrimen[al to tiie pcacc, health, safety and yencral vrclfare of
the Citizens of tlie City of Anaheim.
7, That no one indicated [heir presence at said public heariny in
opposition; and that no correspondunce ~~as receiveu in opposition to Lhe subject
petition.
EI~VIRONNEi17l1L ~HPACT FIIIUII~G: Thal thc Anahciin City Planni:~y Commission has
reviewed the subject proposal consistin~~ of o~-sale bcer an~1 wine in a proposed semi-
enclosed restauran[ with waiver of rey~ired trec screeniny on approxii~ately 0.8 acre
haviny a frontaye of approximatcly 1~~ fee[ on [he cas[ side of Eufox`~natclctl~+0afeet
a riaxi~um deprh of approxi~~~atcly 1:,1 fect, and being loca[ed app Y
rior[h of thc centerlinc of Orange Avenue; and docs hercby approve the NeyaLiv~
Declaration frora [he requirement to prepare an environnental impact report on the
basis that there would be no si5~'~~valt ofnthis~~~egative Ueclaration since4the
environmentai impaet due to the app
Anaheim General P1an desiynates ttie subject proper[y for g.rieral comr~ercial land uses
cornmensura[e with the proposal; tha[ no se~sitive envirom~~ental impac[s are involved
in the proposal; that the Initial Study subriitted by [he pe[itioner indieates no
signifiean[ i~dividual or eumula[ive aJverse environmental impacts; and that [he
Ncyativc Declaration substantia[iny [hc foreyo+ny findings is on filc in thc City uf
Mahciin Planniny Uepartrecnt.
NOW, THEREFORE, BE IT RESOLVED tha[ the Anahcim City Planning ~uf°on`~S~he
does hereby yrant, in par[, subject Peti[ion for Gonciitional Use Permi[, p
folla.~ing con~itions which ar~ Viereby found to be a necessary prerequisite to the
proposed use of the subject property in urder [o prescrve the safe[y anJ general
wcl`are of the Citizens of [he City of i~naheim:
~, 7hat appropriate wa[er assessment fecs, as determined by the Diree[or
of Public Utilitics, shall bc p.,id to thc City of Anahr.im prior to thc issuancc af a
building pcrr~it.
L, 7iia[ trash storage areas shall be provideJ in accordance with approved
plans on fi le rri th the Off ice of tiie Ui rector of Publ ic Work.s.
3, Thai street liyhting facilities along Euclid Street shall be instalied
as required by the Uirector of Public Utilities, and in accordance wi[h standard
specifications on file in the Office of tl~e Director of Public Utiiitles; and/or that
a bond, certifi wte of deposit, Ictter~ of credi[, or cash, in an arnounuaranteefthe
sa[isfactory to the City of A~atieim, shall be pos[ed witti Che City [o y
installation of the above-mentioned requirerm:n[s.
4. 7hat subject proper[y sfiall be deveof~Anahebmtmarked1ExhibitcNosanc;
with plans and specificacions on file with the C(ty
throu9h 3; pray~ded, howevcr, ttiac a twenty (2D) foot wide, landscaped planter si~ne
be provided alony [h~ northerly approximately 11U fcct of tlie easterly property feet
adjacent co the existiny residen[ial development, and tha[ trees, twenty ~2~)
_2_ PC77-260
on-center, shall be planted along tlie remainder of said property line, in accordance
with Code requirements.
5, T{~at the southern driveway shall be rescricted to "ingress only" by
proper signiny designating s~id driveway "en[rance only"', said information to be
posted at Euclid Stree[ and on the southeas[ corner of the buildir^.
6. That Condition No. 3, above men[inned, sfiall 6e cornplied a~ith prior to
the commencernent of the activity ,thorized und~r this resolution, or prior to the
tirne that thc building pcrmit is issucd, or within a period of one ycar from date
hereof, whichever occurs firs[, or such further time as [he Planning Co~~~~ission may
grant.
7, That Condition tios. 2, 4 ancl 5, auove mentioneci, shall be cor.iplied with
prior to final building and zoning inspections.
TIiE F~RF.GOItJG RESOLUTIOtI is signcd and approved by me ttiis .'.lst day of
November, 1977.
/e~*f~1/ ~i~~--
cEin i c;nAr~ , ni+nFiE i n C I TY ~nri~i i i~c GOMM I 55 ON
ATTEST:
f a ~(-~- ~ ,
SECRETARY, At1AHE~M CITY PLAf~t~lllG COHI115510!1
STATE Cf' CAL I fOP,tl l A)
COU;~IY OF ORANGE ) ss.
CITY OF AtJlUiEIM )
I, Edith L. ffarris, Secre[ary of the Anaheim City Plan~ing Commission, do
lierc:by ccrtify tfia[ thc forc~~oin~~ resol~[ion was passcd and adopted at a meeting of
the Anahelrn City Planning Cornrnission lield on ~~ovember 2i, 1977, at 1:3~i p.~., by the
folluwiny vo[c of thc inembers th~rcof:
AYES: COMI115510NER5: (3ARI~ES, 6/~VID, HL1i351', Y.ING, LIN1~, TOLAR
I~DES: COf11115SI0t~ERS: t~01~E
AiiSEtlT: C014IISSIOt![R5: JOi1NSON
1977.
IU WITNE55 WtiERLCF, I havc hcreunto set my hand this 21st day of November,
~~ ~ ~~
SECRCTARY, A~~AHEIM C17Y PlAlR~ING COMI115SION
-3- Pc17-zG0