PC 81-165RESOLUTIuF! No. PC3i-165
A R[SOLUTIG~I OF THE APJAHEIM CITY PLAMNING C0~4•11SSfON
THFlT PETITIOP! FOR COMDITIOPJAL USE FERMIT N0. 2'Z41i E3E GRAPlTED
WhiEREAS, the Anaheim City Ptanning Commission did receive a verlfied
Petition for Conditional Use Permit from CANYOt; P~AZA SHOPPI~lG CEPITER, P, 0. Box
77_50, Newport Geach, California 92663, oo-m er, and WILLfAM Y~~lCf_Y, FqXFIRE FiESTAURANT,
904 West Orangethor~e Avenue, Fullerton, California 92E;37_, agent, of certain reai
property situated in the C~ty of Anaheim, County of Orange, State of Callfornia,
described as:
PARCEL 2: That portion of Lot 3 of the Gominquez Estate, as shown
on a Map filed in book 2, page 15 of Record of Surveys tn the
Office of the County Recorder of said County, described as
follows: Commencing at a point in tlie centerline of Placentia-
~orba Road, as shoo-~r, on plans entitled "Plan and Profile of
Placentia-Yorba Road", on flle in *_iie Office of the County
Surveyor of said County, distant thereon North 0° 23' 36" East,
384.41 feet from its intersection with the centeriine of Santa Ana
Canyon Road, G0.00 feet aiide, as shoam on a Map on file in said
Office of the County Surveyor; ±•hence South 33° 4G' S7" ~ast,
230,6£3 feet to the lJest line of that cert3ln parcei of land
described in deed to the State of California recorded January 23,
1953 in book 2441, page 34 of Official Records in 5aid office;
thence PJorth 65° 02' 06" East 202.77 feet to th~ true point of
begtnnin~; thence North 36a 25~ ?.5" East, 160,31 feet; thence
vorth 71 i2' 00" East, 116.C9 feet to the Southerly corner of
that certafn parcel of land described in deed (State Parcel C~577)
recorded February 7.7s r9G9 in hoc,k ~s~.'tr .. ~-,-, r -
necords, in said office; thence 60.~~ ~yy~ ~~~ ~'~ "'r~cial
IJortherly line of the Santa Ana Valley 9lrrigatton~ aompany 'Lanal
ri9ht-of-way, the centerlin~ of which fs shown on Map filed in
book 4; pa,~~s ~!t to 50 inclusive, of Record of Surveys, in said
office, said point being on a curve concave Northerly and having a
radius of 818,20 feet; thence from a tangent bearin_y South f34° 20~
31'~ West, Westerly along said curve through an ang)e of 22° 40~
42", an arc distance of 323.85 feet to the Southerly terminus of
the Easterly line shown as 01South 1° 50' 03" West, 257.80 feet" in
Parcel 2 of that portion of Imperiai Htghway reltnquished to the
City of Anaheim (Re1-802) by resolution of the Californta H~gh~vay
Commission a certified copy of which resolution is recorded in
book 10969, page 47 of said Official Records and as shown on ~1ap
recorded May 23, 1973 in book 9, page 9, of State Highkay Piaps, in
said office; thence along said Easterly line of imperial Highway
Dlorth 1° 50' 03" East, 257.II0 feet; thence North ~° 56' 32" East,
2i6,4G feet to the true p~int of be
ginning,
WHERE:~S, the City Planning C~rnmission did hold a put>lir_ hearing at ,:he Civic
Cent~r in the City of Anaheini on July 27, lgtil, at 1;3f1 p,m,~ notice of said public
hearing having been duly given as required by law and in accordance wfth the
PCP~-165
provisions of the Anaheim 11unicipal Code, Chapter 18.03, to hear anu consider
evidence for and against said oroposed conJitional use permit and to investigate and
make Findings and recommendations in connection therewith; ancl
WHf_REAS, said Commission, after due inspection, invest;garion and study made
by itself and in its behalf, and after due consi~eration of al1 evidence and reports
offered at said hearing, does find and determine the foliowing fac*_s:
1, 7hat the proposed use is properly one for ~•+hich a conditional use
permit is authorize~ by Anaheim tlunicipal Code SecYton 19.lF1i.05~.010 to wit: To
permit on-sale alcoholic beverages in an existing restaurant ~•~ith waiver of:
SECTION 1~.06,060.0232 - Minimum number of parl<ing spaces.
3 required; 5 existinq
2. That the pro~~osed ~~aiver is hereby granted on the hasis that the
request is minimal and subject oroperty is part of a shopping center ~~~ith adequate
parking.
3. That the proposed use wiii not adversely affect the adjoininR land uses
and the growth and development of the area in r~hich it is proposed to be located.
4, ihat the size and shape ~~~ ihe site proposed for the use is adequate to
allow the full development of the proposed use in a manner not detrimental to the
particular area nor to the pcacc, hcalth, safety, and g~neral ti•~elfare of the Citizens
of the City of Anaheim.
5. That the grantinq of the Con~itional Use Permlt under the conditions
imposed, if any, will not be detrimental ro the peace, healeh, safety and general
welfare of th~ Citizens of the City of Anaheim.
6. That the traffic generated hy the proposed use ~yill not impose an undue
burden upon the ~tre2ts and highti~~ays designed and imprnved to carry the traffic in
the area.
%. That no one indicated their presence at said public hearing in
opposition; and that no corresponden~e ~~~as received in opposition to the subject
pe~ition.
EPJVIRONMENTAL IMPACT FIPlDIPdG: The Planning Director or his authorized
representativE has determined that the proposed project fails within the definition
of Categorical Exemptions, Class 1, as defined in the State EIR Gutdelines and is,
therefore9 categorically exempt from the requirement to prepare an EIR.
N041, TNF.REFORE, BE tT RESOLVED that the /lnaheim City Planning Commission
does hereby grant subject Petition for Co~ditional Us~ Permit, upon the following
conditions arhich are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order tc preserve the safety and general welfare of the
Citizens of the City of .Anaheim:
1. Thai the ovmer(si ~f suhject property si-all submit a letter re~uesting
the terminatlon of Conditional Use Permit No. 19II8 to the Plannir.y Department.
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2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim markec: Exhib't Nos. 1
and 2,
3, That Conditior No. 1, above-mentioned, shall he complied wtth prier to
the corranencement of the activity auttiorized ur,der this resolution, or prior to the
time that the building permit is issued, or within a period of one year from date
hereof, wh(chever occurs first, or such further time as the Planning Commission may
grant.
~F. That Condition No. 2, abeve-mentioned, shall f~e complied with prior to
final building and zoning inspections.
BE IT FUP,THER RESOLVED that the Anaheim City Pianning Commission does hereby
find and determine that adoption of this Resolution is exoressly predicated upon
ap~licant's compliance v~ith each and all of the condittons hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTlOt•! is signed and approved hy me this 7_7th day o` July,
19E~1.
ATTEST•
~ ;.~.~ . ~. ~' ::~ ! :~ -~ _~ r ~~ .,_ ~
CHAIRHAM, AFIAHEIM CITY PLFlM~II~dG CnMMISSION
~ %~-c~
SECRETARY, ANANEIM CITY PLANNIFJG COMMISSION
STATE OF CALIfORfdIA )
COI;NTY U~ ORRNGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting o~
the Anaheim Cit•y Planninc Commission held on July 27, 1981, by the following vote of
the members thereof:
AYES: COPIMISSIOtdERS: BARi;ES, BO~IqS, BUSHORE, FRY, HERBST, KIN(;, TOLAR
NOES: COMPIISSIONERS: NONE
ABSEtJT: COMMiSSlONERS: NOhIE
IN WITIJESS blHEREOF, I have hereunto set my hand this 7.7th day of July, 1961.
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SECRcTAr2Y ~ P.~JANE I!' C ITY PLAMP; IMG CON~M I SS I ON
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