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PC 82-129R~so~urior~ rio. PcBZ-tz9 A RESOLUT I Oht OF THE A~IAIIE I t1 C i TY PLAtJFI I NG C0~111 I;S I nni Tifl1T PETITIOti FOR CO~JDITIOM/1L U5E P[RI11T i~Q. 2348 DE GRA!dTED WHEREAS, the Analieim City Planning Commission did receive a verified Petition for Conditional Use Permit from IPIPERIAL PROPERTIES, 31g8 Pullman, Costa Mesa, California, 92u2G, otvner~ and LAh1PPOST PIZ7.A, 1585 Sunland Lane, Costa 11esa, California 9262G, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, descrihed as: PARCEL 1: 711AT PORTIOPI GF LOT 4 Of TH[ DOMINGUEZ ESTATE, AS SFiQIJP! ON A LICE~~SED SURV[YOR'S MAP FILED I~! [300K 2, PAGE 15 OF REC~RD OF SURVEYS I~J TI1E OFFIC[ OF THE COU~JTY RECOP,~[R OF ORAPIGE COUtdTY, CALIFORPIIA~ D[SCRIDED AS FOLLOlJS: BEGI~~I~It~G AT TlIE SOUTHIJESTERLY CORilER OF TP,ACT N0. 7470, AS SHOW~! 0~~ A P1AP RECORDED ItJ f3001: 32G, PA(;ES 1~3, 1~, AND 20 OF t11SCELLANE0U5 11APS, RECORDS OF SAID ORANGE COUFITY, BEING A POIMT ON THE NORTH4IESTERLY LItJE OF THE SANTA AMA VALLEY IRRIGATION COMPANY, AS D[SCRIE3ED IN DEED P,ECORDED MARCH 7, 194Q IP! 80DK 1033, PAGE 362 OF OFFICIAL R[CORDS; THE"!C[ ALO~lG SAID NOP,TH!~lES7ERLY Lt~dE~ SOUTH 74 D[GREES 1~~ 35" LJEST 507.09 FEET, N(1RTH 15 DEGREES 49' 25" WEST 3.~0 FEET, A1lD SOIJTIi 74 D[GREES 10' 35" WEST 298.59 F[ET TO THE SOUTH4iESTERLY CORNER OF TtiE LA~~D D[SCRI(3ED I~d DEED TO 1J. E, GLEASOhI AP1D WIFE, RECORDED t1AY 22, 1951 IN 8001: 2191, PAGE 22G OF SAID OFFICIAI RECORDS, BEITdG THE TRUE POINT OF BEGlNN1NG; TfIEiJCE COt1TIhlUING AL01IG SAID t~ORTHIJESTERLY LlNE, SOl1Tf1 74 DEGREES 10' 35" WEST 71$.09 FFET TO TIIE BEGI~~PiI*JG OF A TANGE'IT CURVE COFJCAVE NORTtIERLY HAVIHG A RADIUS OF 318.20 FEET, APID WESTERLY ALOtIG SAID CURVE THROUGH A CENTRAL ANGLE OF 09 DEGREES 21' 14" AN ARC DISTAPlCE OF 133.5~ FFET TO A POINT Otl TNE bIEST~RLY lINE ~F SAID LOT 4, A RADIAL LINE OF SAID CURVE PASSIPJG THROUGN SAID POItdT [3EARS SOUTH 06 D[GREES 28' 11" EAST; THENCE ALOPJG SAID WESTERLY LINE, NORTIi 0 DEGREES 1G' 25" 4JEST 60g.25 FEET TO THE SOUTfiIJESTERLY CORfJER OF THE LAND DESCRIGED IN DEED TO TNE STATE OF CALIFORNIA, RECORDED FEf3RUARY 27, 196g It9 BOOK 88l35, PAGE 577 OF OFFICIAL RECORDS; THENCE ALOPlG THE SOUTfiEASTERLY LINE OF SAID LAST MEWTIOIJC•J LAND, NORTIi 70 DEGREES 23' 17" EAST 132.19 FEET, NORTH 60 DEGREES $2' O1" EAST 139,71 FEET, AP1D tJORTH ~o D[GREES 00~ 53" EAST 179.57 FEET TO TfIE NORTHEASTERLY LINE OF SA1I1 LOT 4; THENCE ALONG SAID fdORTHEASTERLY LINE, SOUTH 81 DEGRLES ;~~' 25" EAST 125.13 FEET, SOUTN 50 DEGREES 34' 25" ENST 132.00 FEET, AND SQUTH 65 DEGREES 19' 2$" EAST 1112.68 FEET TO TFIE NORTHWESTC•RLY CORMER OF SAID LAND OF 4!, F, GLEASO~l; ThIENCE ALO!JG TtIE WESTERI_Y LINE OF SAID LAST MElJTIOtJED LAND, SOUTH 03 DEGREES 22' 25" EAST <<G4,E~0 FEET TO THE TRUE POINT OF BEGIIJf~ItJG, WHEREAS, ttie City Planning Commission did hold a pul.~lic hearing at the City Hall in the City of Anaheim on June 23, 1982, at 1:3~ P.m., notice of said public hearing having been duly given as rec~uirAd by lav~ and in accordance with the i I :i { I W'i.'1=~t , .,... .. Pcs2-~29 ., f~ provisions of the Anaheim Municipal Code, Chapt~r 13.r.3, to hear and consider evidence for and against said proposed conditional use pr_rmit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investi~ation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the follov~ing facts: 1. That the proposed use is properly one for~~rhtch a conditional use permit is auti~orized by Anaheim Municipal Code Section 1R.44.05J.010 to wit:to permit on-~ale beer and wine in a proposed restaurant with a~aiver of: SECTIOt•! 18.06.060.U232 - Minimum number of arkin spaces ~930 proposed; 33 existing 2. That the requested waiver is hereby granted on the basis that tlie peak hours of operation of the proposed restaurant (after 6:00 p.m.) are not the same as most of the other businesses in the surrounding shopping center and, therefore, adequate on-site parl:ing ~aill be available when needed. 3. That the proposed use will not adverseTy affect the adjoining land uses and the grayth and development of the area in ~~hich it is proposed to be located. 4. That the size and shape of the 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 ncr to the peace, health, safety, and general welfare of the Citizens of the City of Anaheim. 5. That the granting of the Conditional Use Permit under the conditions irnposed, if any, will not be detrimental to the peace~ liealtli, safety and gen~ral welfare of the Citizens of the City of Anaheim. 6, That thc traffic 9encrated by the preposed use ti~+ill not impose an undue burden upon t}ie streets and highways designed and improved to carry the traffic in the area. 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. EtJVIRONf1EIJTAL IMPACT FIPJDIi~G: That the Anaheim City Planning Commission has reviewed the proposal to permit on-sale beer and wine in a proposed restaurant on an irregularly-shaped parcel of land consisting of approximately 10 acres having a frontage of approximately 775 feet on the north side of Santa Ana Canyon Road, having a maximum depth of approximately 63U feet and being located approximately 415 feet east of the centerline of Imperial Highway (57G5G-li, 576gA Santa Ana Canyon Road); and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis tliat there would be no significant individual or cumulative adverse environmental impact due to the ap~~ovat of thEs Negative Declaration since tl~e Anaheim General Plan designates the su!:.;,:.~t property for general commercial Iand uses in tF~e Scenic Corridor Overlay Zone commensurate witli the proposal; tfiat no sensitive environmental impacts are involved in the proposal; that ttie Initial Study submitted by the petitioner indicates no st9nificant inciividual or cumulative adverse environmental impacts; and tfiat the -2- PCB2-129 . ~ Negative Declaration substantiating tlie foregoing findin~s is on file in the City of Anaheim Planning Department. tJQW, TIiEREFORE, a[ IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prr.requisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of t(ie City of Anaheim: 1, That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit tJos. 1 and 2. 2. That Condition yo. 1, above-mentioned, shall be complied toith prior to final building and zoning inspections. 3. That the hours of operation shall be from 11:00 a.m, to 11:00 p.m. Sunday througli Thursday, and 11:00 a.m. to 1:O~J a.m. Friday and Saturday, with a total of twenty (20) employees. BE IT FURTfIER RESOLVED that the Anaheim C3ty Planninq Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Shoutd any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of comoetent jurisdiction, then this Resolution, ancl any approvals herein containeri, sliall be deerned null and void. THE FOREGOItIG RESOLUTIOtJ is signed and approved by me this 2tith day of June, 19£32. %~ ~• ~~yu,~',..,_"_ CHA 1 RhiP.N, AtlAHE I M C I TY PLANN I tJG CQ14ti I SS I OtJ ATTEST: 9~1~%~%~~ _ SECRETARY PRO-TEMPORE ANAHE IM C ITY PLAWtJ I tJG COh1Ml SS I 0~1 STATE OF CALIFORNIA ) COUtJTY OF ORANGE ) ss. C ITY OF AtlAHE I14 ) I, Pamela H. Starnes, Secretary Pro-Tem of tlie Anaheim City Planning Commission, do hereby certify that the foregoing resolution i~as passed and adopted at a meeting of the Anaheim City Planning Commission held on June 28, 1~82, by th~ following vote of the members thereof: AYES: CO!•1MISSIONERS: DARNES, DOUAS, BUSHORE, FRY, IiERDST, KI~Jr,, MC QUR~I[Y NOES: COt•11115SIO~JERS: NO~~E ABSENT: C011MISSIOPIERS: tIO;JE IP! WIThd[SS tJF1ERE0F, I have hereunto set my hand this 23th day of June, 19?2. ~ SECRETARY PRO TEMPO E A~dAhIE I Pt C I TY PLANN I NG COMM I SS I Ota -3- PC82-129