PC 78-272
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RESOLUTION N0. PC78-272
A RESOlUT10tJ OF TH[ ANAHEIH CITY PLANNING COMP115510t~
Tti,4T PETITIOtJ FOR LONDITIOtJAL USE PERIIIT N0. 191A BE GP,AIlTED
IJHEREAS, the Anaheim City Planning Comnission did receive a verified
Petition for Conditional Use Permit from LAS TIENDAS DE YORBA, 363 San Miguel Drive
Newport Beach, California, 92660, owner, and TRI-K FOODS, IHC., 1E87 West Llncoln
Avenue, Anaheim, California 92801, agent, of certain r~~i property situated In the
City of Anaheim, County of Orange, State of Lalifornia, described as:
PARCEL 1: That portion of Lo[ 3 of [he ~aninguez Estate, in the
City of Anaheim, County of Oran9e, State of California, as shown
on a map recorded in book 2 page 15 of Record of Surveys, in the
office of the County Recorder of satd county described as follows:
Beginning at the Southwest corner of said lo[; ttience Northerly
292.66 fee[ aion9 the Westerly line of said lot to the Southerly
llne of Parcel 1 of the land described in the deed to the State of
California, recorded i~ '~ok Sb25 page E02, Official P,ecords;
thence Easterly 230.68 feet along said Southerly line to the
Westerly line of the land described in [he decd to the S[aCe of
California, recorded in boo{: 2441 page 84, Official Records;
thencc Southcrly 326.93 feet along last nentloned Nesterly line [o
the Southerly line of said lo[; thence WesCerly 249.G3 fect along
said last mentioned Southerly i(ne to the point of beginning.
PARCF_L 2: That portion of the land allotted to ~onaciano, Felipa,
Feliz, Brinida and Christina Dominguez, in the Lity of Anahetm,
Lounty of Orange, State of California, as described in the Final
Decree of Partition of the Rancho Santiage De Santa Ana, which was
entered September 12, 1869 (n book "P." page 410, of Judgements of
the Distric[ Court of [he 17th Ju~icial Dlstrict in and for Los
Angeles Lounty, California, that was described in the Deed Lo the
San[a Ana Valley lrrigation Company, recorded July 18, 1934 in
book 6$5 page 255, Offic(al Records, fy(ng be[ween tlie Southeriy
prolon9a[ion of the Westerly line of Lot 3, as shown on a map
filed in book 2 page 15 of Record af Surveys, in the office of the
Lounty Recorder of said Orange Coun[y, and a line prolonged
Northerly from the Northeas[ corner of Che land described in
Res~lu[lon No. 74R-155, recor~ed Aprll 12, 1974 in booF: 11117 page
1988, OfFicial Records to the Southwest corner of the land
described in the Oeed to the State of California, recorded January
23. 1953 t~ book 2441 page 3~, Official Records.
PARCEL 3~ That portion of the•unnamed road shown on Tract No.
93E, in the Ctty of Anaheim, County of Orange, State of
California, as sha~n on a map recorded in book 30, pa9es 1 and 2
of Mtscella~eous Maps, in the office of the County Recorder of
said county, as abandoned by Resolution No. 7~+R-155 of the City
Council of the City of Anahelm, a certlfled copy of which was
recorded April 12, 1?74 in book 11117 page 1988, Offictal Records,
described as follows: Beginning at the Southeast corner of lot 45
in Tract 6717, as shown on a map recorded in book 280 pages 44, 45
PC78-272
and 46 of said Miscellaneous Maps, said corner be(ng a ooint at
the beglnning of a curve concave Northwesterly and having a radius
of 30 feet, a radial line bearing North 28~ 31' 21" East passes
through safd point; thence South 61° 28' 39" East, 213 feet along
thc Nor[h rfght of way line of old Santa Ana Canyon Road, to the
begfnning of a curve concave Northeasteriy and having a radius of
820 feet, a radial line bearing South 28° 31' 21" West passes
through said poin[; thence Southeasterly 10.55 feet along said
curve through a ccntral angle of 0° 44' 14"; thence So~,th 1° 50'
03" West 66.20 feet to the South ri9ht of way lin~. o` said Old
Santa Ana Canyon Road, 60.00 feet wide, s~id inters~c[ion being a
point in a curvc concave Southwestcrly and havi~~ a radius of 880
fee[, a radtal line bearing North 25° 53' S6" East, passes through
said point; thence North~aesterly 4Q.30 feet along said curve
through a central angle of 2° 37' 25": thence North 61° 28' 39"
West, 215.00 feet to a point of cucp with a curve concave
North:aesterly and having a radtus of 30 feet, a radial iine
bcaring South 28° 31' 21" East passes through said point; thence
Easterly, Northeasterly, t~orthcrly and Northwesterly 9~.25 feet
along said curve through a central angle of 180° 00' 00" to the
point of beginning.
PARCEL 4: That por[ion of Lot 7 of Tract No. ?36, in the City of
Anaheim, County of Oran9e, Sta[e of California, as per map
recorded in book 30 pages t and 2 of Miscellaneous Maps, in [he
office of [he Coun[y Recorder of said countyY lying Nortlierly of
the Centerline of the land described in the deed to the State of
California, recorded May 26, 1948 in book 1643 oage 306, Official
Records. EXCEPT that port(on described in the deed rec~rded
August t, 1939 in book 1002 paae 533. Official Records.
WHEREAS, thc City Planning Lommission did hold a public hearing at the City
Hall in the City of Anaheim on November 20, 1978, at 1:30 p.m „ notice of said public
hearing having been duly given as required by law and in accordance with Yhe
provisions ~f the Anaheim Municlpal Code, Chapter 16.03, to hear and consider
evidence for and agalnst said proposed conditlonal use and co investigate and make
findings and recanmendatlons in connection therewlth; and
WHEREAS, said Commisston, after due tnspec[ton, investigation and study made
by itseif and in its behalf, and after due consideration of all evidence and reports
offered at said hearing. does find and decernine the following facts:
1. That the proposed use is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 13.4k.05Q.010 to wit: to
permit on-sale beer and wine in a proposed restaurant.
2. That thc proposed use will not adversely affect the adJofning land uses
and the growth and development of the area in whtch it is proposed to be located.
3. That the size znd shape of the site proposed for the use is adequate to
allow the full development of the proposed use tn a manner not detrimental to the
particular area nor to the peace, heaith, safety, and general welfare of the Ci[izens
of the Cfty of Anahefm.
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4. That the granting of the Cordttlonal Use Permit under the conditions
imposed, if ary, will not be detrimental to the peace, health, safe[y and general
welfare of the Citizens of the Lity of Anahc(m.
5, That no one indlcated their presence at said public hearing in
opp~sition; and that no correspondence was recelved in opposition to the subject
pe[ltion.
ENVIRQN~IENTAL It1PALT FINDIN~: The Plannin,q Direc[or or his au[hortzed
representat ve has determined that che proposed proJect falls rrithin the definition
of Categorlcal Exenptions, Class 1, as Jefined in Paragraph 2 of the Llty of Anaheim
Environmental ImpacY Rep~rt Guidelines and is, therefore, categorically exempt from
the requtrement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED tha[ ~he Anaheim City Planning Commiss(on
does hereby grant subJect Petition for Conditional Use Permit, upon the following
conditions which are hereby found to oe a necessary prerequisite to the proposed use
of the subject property in order to preserve the safety and general welfare of the
Cittzens of the City of Anahelm:
t. That subJect property shall be developed subscantlatly in accordance
with plans and specifications on filc wtth thc City of Anaheim marked Exhtbit No. i.
DE IT fURTHER RESOLVED that the Anaheim Lf[y P;ar.ning Commission does hereby
find and determine that adop[ion of this Resolution is expressly predicated upon
appltcant's compliance with each and all of the conditions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenrorceable
by the final judginent of any ccur[ of competent jurfsdiction, then this P,esolution,
and any approvals herein contained, shall be deemed null and void.
T{1E fOREG01tIG RESOLUT101! is signed and approved by me this 20*.h day of
t~ovember, 1978.
C N, . IH t~NING COMMISSION
ATTEST:
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SECRETARY, NAHEIM CITY PLA~~t11HG COMMISSIOP!
ST~1TE OF CALIFORPIIA
COUraTY OF ORANGE ) ss.
CITY OF AHAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certffy that the fore9oing resolution was passed and adopted at a meeting of
the Anaheim City Planning Cortmission heid on November 20, 1.978, at 1:30 p.m.~ by the
following vate of the members thereof:
AYES: COMNISSIOPlEP.S: BUSNORE, DAVID, HERBST, KING, TOLAR
NOES: COMMISSIONERS: NONE
ABSEt~T: COMMISSIONERS: BARNES, JONNSON
Itl WITNESS 1JHEREOF, i have hereunto set my hand this 20tii day of November,
1978.
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SECRETARY, ANAHEIM CITY PLANNIN C M `TbN
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