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PC 78-272 ; ~ 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. -2- PC18-272 ~ •~ . t f '.,~ 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: ~,~~~ ~° ~~~ 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. - /e aLt.~. ~ 'f1Gl~.~:o. SECRETARY, ANAHEIM CITY PLANNIN C M `TbN -3- PC78-272