PC 78-22RESOLUTIOM ~10. PC78-22
A RESOLUTION OF THE ANAHEIM CITY PLA~JNIN; C0~1~1~SSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 1799 BE GRANTED It! PART
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from ROVI PACIFiC REALTY CORPORATION, 1801
Century Park East 41111, Los Angeles, Calfforn(a, 90067, owner, and GEORGE M. OLSEN,
265^ Y.ennedy, Orange, California 92665, agent, of certain real proper[y situated ln
the Ci[y of Anaheim, County of Orangc, Statc of California, described as:
That portion of Sections 7 and 18, Township ~+ South, Ranqe E Wes[
in the Rancho San[tago de Santa Ana, being aiso a portion of the
land allotCed to Paula Peralca de Dominguez, as described in the
F(nal Decree of Partition of said Rancho, ~ahich aras entered
September 12, t868 in Book "6" at page 410 of Judaments of the
District Count of the 17th Judicial Dtstrict i~ and for Los
Angeles County, California, described as follorrs: Beginning at
the most 4leste:ly corner of the land described in the Qeed to
Halicraf[ Homes, recorded Oc[ober 31, 1472 in book 1n/~03, Page 9~~
of Official Records; thence along the Northerly lines of the land
of Hallcraft, ~Jorth 58° 44' 0~" East 157.71 feet to a tangent
curve concave Southeasterly and having a radius of 100~.0~ Eeet;
thence t~ortheas[erly along said curve, through a cr_ntral anale of
17° 39' 40", an arc dlstance of 303.25 feet; thence [angen[ North
7G° 23" 40" East 49.04 fee[ to an anglc point in [he land
described in [he deed to 1loodbine Corporation, recorded October
27, 1972 in hook 10397, page ~'69 of Official Records; thence along
the lines of the land of Woodbine North 13° 36' 20" Wes[ 230.00
fee[; thence South ?6° 23' 40" West 297,~0 fee[; thence south 58°
44' 00" West 277.92 feet to an angle point in said land of
Woodbine; thence coniinuing Sou[h 5g° 44' 00" West 31.00 feet to a
Iine which bears North 31° 16' OQ" 4/est from the point of
beginning; thence South 31° 16' 00" East 2Q5.17 feet to the point
of beginning.
l1HEREAS, the City Planning Conmisston did hold a public heartng at the City
Hall in the City of Anaheim on January jp~ 1?78. at 1:30 p.m., notice of said public
hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapier 18.03, to hear and consider
evidence for and against said proposed conditional use and to Investigate and make
findings and recommendations in connec[ton therewith; and
WHEREAS, said Canmission, after due inspection, investigation and study made
by itseif and tn its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and dctermine the following facts:
1, That the proposed use is properly one for which a condiitonal use
permft is authorized by Artahelm Municipal Code Section 18,03.030.010 to wit: to
permit a semi-enclosed delicatessen/restaurant with on-sale beer and wine with a
waiver of:
PC78-22
SECTIONS 13.42.066.050 and 18.~~2.066.051 - Minimum number of arkin s aces.
177 spaces required;
170 spaces existing)
2, That the proposed use consisting of a semi-enclosed
delicatessen/restaurant with on-sale beer and wine and inclucJing the outdoor servtce
of food with beer and aiine is hereby granted, subJect to a review and approval of the
continuation of the outdoor function by the Planning Commtssion in one year in order
to determine whether said outdoor use has becn detrimental to tfie nearby residential
uses or the commerctal center.
3, Furthermore, that the proposed use ls hereby granted subject to the
petitioner's stipulations that the outdoor service of food with beer and wine wtll be
limited to the dayllght hours only, and that the outdoor service area will be
completely enclosed with a minimum 4-foot high wrought iron fence.
~+. That the proposai to r~aive the minimum number of parking spaces is
hereby denied on the basis tha[ the granting of said waiver would be detrimental to
the other tenants in the commercial center and to the nearhy residential uses because
of on-site traffic and parking conflicts, that the commercial ce~ter is currently
under construction and there is no reason not to provide adequate parking for ail
potential tenants, and that granting of said waiver would estabiish an undesirable
precedent for similar requeses tn subsequent commercial hillside developments.
5, That the proposed use, as granted, ~~rill not adv~rsely affect the
adJoining land uses and [he growth and development of the area in which it is
proposed to be located.
6. Tha[ the size and shape of the si[e proposed for the use, as aranted,
is adequate to allow the full development of ttie proposed use in a manner not
detrimental to the particular area nor to the peace, health, safety, and general
welfare of the Citizens of the Ctty of Anaheim.
7, That the Conditional Use Permit, as granted, and under the conditions
imposed, will not he detrimental to the peace, hcalth, safety and general wclfare of
the Litizens of the C1ty o£ An~heim.
8, That four (4) persons indicated thelr presence at said public hearing
in ~pposftion and that two (2) persons indicated their presence supportTng subJect
petition; and tha[ no correspondence was received in opposition to the subject
petitton.
ENVIROt7MEN7AL IMPACT FINDING: The Director of the Planning Department has
determined that the proposed actfvity alls within the defini[ton of Section 3.01,
Class i, of the City of Anaheim Guidelines to the Requirements for an Environmental
Impac[ Report and is, therefore, categorlcalty exempt from the requtrement to file an
EIR.
NOW, Tt1EREFORE~ BE IT RESOLVED that
does hereby gran[, in part, subJect Petition for
following conditlons which are hereby found
proposed use of the subJect property in order to
welfare of the Citizens of the City of Anahelm:
the Anahetm City Planning Commission
Condltional Use Permit. upon Lhe
to he a necessary pre~equisite to the
preserve the safety and general
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(~ ~i
1. That subJect property shall be developed substantially in accordance
with plans and specifications on file .~ith the City of Anaheim marked Exhibit Nos. 1
through 3 provided, however, that the minimum number of parking spaces for the
proposed uses shall be provided, as specified by Code.
2. That the outdoor serviee of food with beer and wine is hereby granted
subJect to a review by the Planning Commission in one year in order to determine
whether said use has been detrimental to thP nearby restdential uses or the
commercial center. If there has been no detrimental impact, the use may be
continued.
3. That the outdoor servtce of food with beer and wine will be limited to
the daylight hours only.
4. That the outdoor service wiil be completely enclosed with a minimum
four (4) foot high wrought iron fence.
THE FOREGOING RESOLUTI0~1 is stgned and approved by me this 30th day of
January, 197$.
ATTES7:
~.~.~~~~~~
C1!AI MAN, HAHEIM CITY PLAN~lINC COMMISS~ON
(O Q.CI~~- ~ /V~LLLt~
SECRETARY, ANAt1EIM CITY PLANNIMG COMMISStON
STATE OF CALIFORIJIA )
COUNTY OF ORANGE ) ss.
CITY OF AtJAHEIM )
I, Edlih L. Harris, Secretary of thc Anahcim Clty Planrtirtg Cor~isslon~ do
hereby certify that the foregoing resolu;lon was passed and adopted at a meeting of
the An~heim Ctty Planning Commission held on January 30, 1°78, at 1:30 p,m,~ by the
followtng vote of the members thereof:
AYES: COMMISSIONERS: BARtJES, DAV(0. HERBST~ KiNG~ LINN, TOLAR
NOES: GOMN15510NER5: JQHNSON
ABSENT: COMMISSIONERS: NONE
IN WITNESS 1h1ERE0F~ I have hereunto set my hand this 3~th day of January~
~978.
~ ~.c.c~. 1.° T ~.~,-~.:.
SECRETARY, ANAHEIM CITY PLANtiiNG COMMISSION
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