PC 82-215~~ ~.
RESOLUTION NO. PC82-215
A RESOLUTION OF THE ANAH~IM CITY PIANNING COMMISSION
THAT PETITION rOR CONDITIONAL USE PERMIT NO. 2395 HE GRANTED
S4HEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from II~ERiAL PROPERTIES, P. O. Box 2480,
Newpo?~t Beach, California 92660, owner, and HENRY O. RIVERA, 6283 East Rio
Grande, Anaheim, California 92807, agent of certain real property situated in
the City of Anaheim, County of Orange, State of California, described as:
THAT PORTION OF LOT 4 OF TH~ DOMINGUEZ ESTATE, AS SHOWN ON
A LICENSED SURVEYOR'S MAP I'ILED IN BOOK 2, PAGE 15 OF
RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA, DESCRIgED A FOLLOWS:
HEGINNING AT THE SOUTHWESTERLY CORNER OF TRACT NO. 7470, AS
uHOWN ON A MAP RECORDED IN BOOK 326, PAGES 18, '.9 AND 20
OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, BEING
A POINT ON THE NORTHWESTERLY LINE OF THE SANTA ANA VALLEY
IRRIGATION COMPANY, AS DESCRIBED IN DEED RECORDED MARCH 7,
1940 IN BOOK 1033, PAGE 362 OF OFFICIAL RECORDS; THENCE
ALONG SAID NORTHWESTERLY LINE SOUTH 74 DEGREES 10' 35" WEST
507.09 FEET, NORTH 15 DEGREES 49' 25" WSST 3.00 FEET, AND
SOUTH 74 DEGREES 10' 35" WEST 298.59 FEET TO THE
SOUTHWESTEPS,Y CORNER OF THE LAND DESCRIBED IN DEED TO W. F.
GLEASON AND WIFE, ~CORDED MAY 22, 1951 IN BOOK 2191, PAGE
226 OF SAID OFFICIIII, RECORI~S, BEING THE TRUE POINT OF
HEGINNING; THENCE, CONTINUING ALONG SAID NORTHiJESTERLY
LINE, SOUTH 74 DEGREES 10' 35" WEST 715.09 FEET TO THE
HEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A
RADIUS OF 818.20 FEET, AND WESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 09 DEGREES 21' 14" AN ARC
DISTANCE OF 133.58 FEET TO A POINT ON THE WESTERLY LINE OF
SAID LOT 4, A RADIAL LINE OF SAID CURVE PASSING THROUGH
SAID POINT BEARS SOUTH 06 DEGREES 28' 11" EAST; THENCE
ALONG SAID WESTERLI LINE NORTH 0 DEGREES 16' 25" WEST
609.25 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND
DESCRIHED IN DEED TO THE STATE OF CALIFORNIA RECORDED
FEBRUARY 27, 1969 IN HOOK 8885, PAGE 577 OF OFFICIAL
RECORDS' THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAST
MENTIONED LAND, NORTH 70 DEGREES 23' 17" EAST 132.19 FEET,
NORTH 60 DEGREES 52' O1" EAST 189.71 FEET AND NORTH 5G
DEGREES 00' S3" EAST 17y.51 FEET TO TEIE NORTHEASTERLY LINE
OF SAID LOT 4; THENCE ALONG SAID NORTHEASTERLY LIN~, SOUTH
81 DEGREES 34' 25" EAST 125.13 FEET, SOUTH 50 D~GREES 34'
25" EAST 132.00 FEET, AND SOUTH 65 DEGREES 19' 2S" EAST
142.68 FEET TO THE NORTHWESTERI,Y CORNER OF SAID LAND OF W.
F. GLEASON; THENCE ALONG THE WESTERLY LINE OF SAID LAST
MENTIONED LAND, SOUTH 03 DEGREES 22' 25" EAST 464.60 FEET
TO THE TRUE POINT OF BEGINNING.
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PC82-215
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WHEREAS~ the City Planning Commission did hold a public hearing at
gall in the City of Anaheim on Dlovember 29, 1982, at 1:30 p•m•~
havin been duly given as required by law and in
the City Cha ter 18.03,
notice of said public hearing g al Code, P
accordance With the provisions of the Anaheim Municipro osed conditional use
to hear and consider evidence for and again~t said p P
to investigate and make findinqs and recommendations in connection
permit and
therewitli~ and investigation and
WFIEREAS, said Commission, after due inspection,
b itself and in its behalf, and af ao sd find nande determine the
study ma3e Y
evidence and reports offered at said hear n9.
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followinq facts:
1. That the proposed use is properly one for which a conditional
t is autliorized by Anaheim Municipal Code Section 18.44.050.010 to
use Per~i ro osed restaurant with waiver of:
wit: to permit on-sale beer and wine in a p P
nnmber of arking spaces
SECTION 18.06.060.0231 - MinimumCeS Te~ired;
and 18•44.066.050 (940 spaces existing)
830 sp
2. That the requested waiver is hereby granted on the basis that
g in center and
osed restaurant is to be located in an existin s opp
the pr~P arkin needs for different
parking Will be adequate because of over-lapping p B
Cor,ur,ercial tenants.
3~ ~at the proposed use will not adversely affect the adjoining
s an3 ~e 9LO''~h and development of the area in which it is proposed
1ai~d use
to be located.
4. That the size and shape of the site proposed for the use is
to allow the full development of the proposed use in a manner not
articular area nor to the peace, health, safety and
adequaental to the p of Anaheim.
detrim
general Welfare of the Citizens of the CitY
5, That the granting of the Conditional Use Permit under the
osed~ if any~ will not be detrimental to the peace, health,
conditions imp of Anaheim•
safety and general welfare of the Citizens of the City
6, That the traffic generated by the proposed use will not impose
an undue burden upon the streets and higl'iWays designeri and improved to carry
the traffic in the area. ublic hearing in
'7 , That no one indicated their presence at said p
opposition; and that no correspondence was received in opposition to the
S~ject petition.
E~=R~N~NTp,L IMPACT FINDING: That the Anaheim City Planning
osal to permit on-sale beer ~epacese onn an
CommiSSion has ieviewed the prop arking
nimum number of P 10 acres having
proposed restaurant with waiver of mi of approximately
irregularly-sh4ped Parcel of land consisting north side of Santa Ana Canyon
a frontage of apProximately 775 feet on the
Road~ and farther described as 5773 "J" Santa Ana Canyon Road (Nacho's); and
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PC82-215
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does hereby approve the Negative Declaration from the requirement to preparP
an environmental impact report on the basis that there would be no significant
individual or cumulative adverse environmental impact due to the approval of
this Neqative Declaration since the Anaheim General Plan designates the
subject property for general commercial land uses commensurate with the
proposal; that no sensitive environment:il impac*_s are involved in the
proposal; that the Initial Study s;ibmitted by the petitioner indicates no
significant individual or cumulative adverse environmental impacts; and that
the Negative Declaration substantiating the f.oregoing findings is on file in
the City of Anaheim Planning Department.
NOW, THEREFORE, BE 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 neces~ary prerequisite
to the proposed use of the subject property in order to preserve the safety
and general welfare of the Citizens of the 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 Nos. 1 and 2.
2. That Condition No. 1, above-mentioned, shall be complied with prior
to final building and zoning inspections.
HE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is eXPr~,,sly
predicated upon applicant's compliance with each and all of
hereinabove set forth. Should any such conditions, or an ~e conditions
declared invalid or unenforceable by the £ir.al y Part thereof, b~
competent jurisdiction, then judgment of any court of
this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RSSOLUTION is signed and approved by me this 29th day
of November, 1982.
H . EIM CITY IIVG COMMISSION
ATTEST:
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SECRE'^. P~' pNp,HE,_i CITY PLANNING COMMISSION
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PC82-215
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STATE OF Cpi,=I,.Q~=A ~
CO[JNTY OP ORANGE ) ss,
CITY OF Ab7AHEIM )
Commission~ Edith L. Harris, Secrecary of the Anaheim City Planning
. do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planr~ing Commission held on November
29. 1982, by the following vote of the members thereof:
AYES: COMMIgSIONERS; BOUAS, BUSHORE, FRY, HERBST, ICING~ I,p CJ,p=~
NOES: MC BURNEY
COMMIggIONERS; NONE
AHSENT: COMMISSIONERS: NONE
IN WITNESS WHgR.EOF, I have hereunto set my hand this 29th day of
November, 1982.
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SECREi7~y, ~AHEIM CITY p
LANNiNG COMMISSSON
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PC82-215