PC 82-62RESOLUTION N0. PC82-62
A RESOLUTIOiJ OF TFI[ AIdAHEiM CITY PLAIlWI!JG COM~915510N
THAT PETITION FOR COiIDITIOfJAL USE PFRMIT N0. 2373 I3E GRA'ITED
WHEREAS~ the Anaheim City Planroing f,ommission did receive a verified
Petition for Conditional Use Permit from EAST APJAHEI~1 SHOPPING CFNTER
ASSOCIATES, 2008 "A" East Lincoln Avenue, Anaheim, California 92806, owner, and
LORRAI~JE P1cC01JAUGHY, 2909 South Citrus, West Covina, California 91791, agent, of
certain real property situated in tiie City of Anaheim, County of Orange, State
of California, described as:
THAT PORTION OF TIfE NORTIiIJEST QUARTER OF TIiE SOUTHIdEST QUARTER OF
SECTION 12, TOIJNSHIP 4 SOUTH, RAtJGE 10 IJEST IN THE RA~lCHO SAN JUAN
CAJO~J DE SANTA A~IA, I Dl TfIE C I TY OF AMAHE IM, CQUWTY OF ORANGE,
STATE OF CAL I FORP~ I A, AS SA I D SECTI Otd I S SH041N Ota A 11AP RECORDED I P!
BOOK 51 PAGE 10 OF MISCELLANEGUS 1111P5, It1 TtIE OFFICE OF THE COUPlTY
RECORDER OF SAID COUNTY D[SCRI(3ED AS FOLL0415:
BEGINIdIPJG AT THE INTERSECTIO~~ OF THE EAST LINE OF TliE WEST 362.OQ
FEET OF SAID NORTHIJEST QUARTER WITH TNE CENTER LI~~[ OF ANAHEI!•1-
OLIVE ROAD AS DESCRIDED IN DEED RECORDED IN BOOK 275 PAGE °5 OF
D[EDS, RECORDS OF SAID COUNTY; TNEtJCE A!.O~~G SAID CEIlTER LIPlE SOUTH
78 52' 26" EAST 977,12 FEET TO THE EAST LI!dE OF SAID NORTMJEST
QUARTER; THENCE ALOPJG SAID EAST LINE SOUTH 0 10' 4G" WEST 731,16
FEET TO TIiE SOUTHEAST CORNER OF TfiE NORTH HALF OF TfIE SOU'{'HEAST
QUARTER OF SAID P~ORTNWEST QUARTER; THENCE ALONG THE SOUTH LINE OF
SAID NORTH HALF SOUTH f39 52' 43" WEST 660.31 FEET TO TNE
SOUTHWEST CORhlER OF SAID NORTfi I1ALF; TfIE~JCE ALOlJG TIIE SOUTffLIPIE OF
TIIL- W^uRTli FiALF OF THE ScJUTHl1E5T QUARTER OF SAID NORTHIJEST QUARTER
SOUTH B9 52' S1" WEST 29f3.81 FEET TO THE EAST LIP~E OF THE IJEST
362.00 FEET OF SAID NORTf14JEST QUARTER; THE~JCE ALONG SAID LAST
MENTIOIJED EAST LINE NORTH 0 11' 45" EAST 90,12 FEET; THENCE~PJORTH
~39 43' 15" WEST 9.22 FEET; THEtJCE NORTH 0 10' 17" WEST 120.95
FEET TNEIJCE SOUTH 39 48' 15" EAST 9.99 FEET TO THE EAST LIPJE dF
THE WEST 362.00 FEET OF SAIp NORTHWEST QUARTER; THEhJCE ALONG SAID
LAST MENTIONED EAST LItJE NORTH 0 11' ~!5" EAST 710.fi4 FEET TO THE
POIVT OF BEGINhJING,
[XCEPT...
3EGINt11NG AT THE ItJTERSECTION OF SAID C[NTER LINE OF ANAHEIM-OLIVE
ROAD WITI! A LINE PARALLEL WITH AND DISTANT WESTERLY 200,00 FEET
t•tEASURED AT R I GHT A~IGLES FROM TfIE EAST L I PJE OF SA I D NORTHIJEST
(~UARTER; THENCE ALONG SA I D PARALL EL L i PJE SOUTH Q DEf, 10 ~ 46" IJEST
295.93 FEET; TI~EtJCE SOUTN II9 DEG 49' t~i" EAST 200.00 FEET TO THE
EAST LINE OF SAID NORTfi:JEST QUARTER; THENCE ALONG SAID EFlST LINE
t~ORTH 0 DEG 10' 46" EAST 21EG.26 FEET TO THE CEPlTf_R LIPIE OF SAID
ANAfi[IPt-OLIVE ROAD; TIIE~~CE ALOPIG SAID CE!•ITEP, LINE PlORTH 78 DEG 52'
2G" W[ST 203.71 FEET TO THE P01 NT OF EiF.G I FdP~ I NG,
PC£i2-62
~
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Ar.alieim on April ~, 1932, at 1:3~ p.m., notice of said public
hearing fiaving been duly given as required by law and in accor~iance t~ith the
provisions of the Anaheim ttunicipal Cude, Cl~apter 12.03, to liear and consider
evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; anri
lJH[REAS, said Commission, after duc inspection, invr_stigation and study made
by itself and in its behalf, and after due consideration of all evidertce and reports
offered at said I~earing, does find and determine the following facts:
1. That the proposed use is properly one for whicli a conditional use
permit is authorized by Anafieim Municipal Code Section 18,44.050.010 to wit: to
permit on-sale alcoholic beverages in a proposed restaurant.
2. That the propesed use will not adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed to be located.
3. That the size and shape of the site proposed for the use is adequate to
allav the full development of the proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety, and general orelfare of the Citizens
of the City of Anaheim.
4• hat the grantin~ of the Conditional Use Permit under the conditions
imposed, if any, will not be detrimental to the peace, healtli, safety and general
welfare of the Citizens of the City of Anaheim.
5. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area.
6. That no one indfcated t'~eir presertce at said pubiic iiearing in
opposi[ion; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMEDlTAL IMPACT FItJD1~~G: That the Anahein City Planni~g Commission has
reviewed the proposal to permit on-sale alcoholic beverages in a proposed restaurant
on an irre9ularly-shaped parcel of land consisting of approximately 15.5 acres having
a frontage of approximately 775 feet on the south side of Lincoln Avenue,
approximately 370 feet east of the centerline of State College Boulevard (2124 E.
Lincoln Avenue); and does hereby approve the Negative Declaration from the
requirement to prepare an erivironmental impact report on the basts that there would
be no significant individual or cumulative adverse environmental impact due to the
approval of this tJegative Declaration since the Anaheim General Plan designates the
subject property for general commercial land uses commensurate with the proposal;
that no sensitive environmental impacts are involved in the proposal; that the
Initia] Study submitted by the petitioner indicates no signtficant individual or
cumulattve adverse environmental impacts; and that the Neqative Declaration
substantiating the foregoing findings is on file in the City of Anaheim Planning
Dspartment.
tJOIJ, TIiEREFORE, DE IT RESOLVED that the Anahetm City Planntng Commission
does hereby grant subject Petitton for Condttional Use Permit, upon the following
conditions which are hereby found to be a necessary prerequisite to tlie proposed use
-2- PC82-G2
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of tl~e subject property in order to preserve tlie safety and g.n.n~ral welfare of the
Citizens of the City of Anaheim:
1. That the second driveway easterly of State College Doulevard shall be
relocated to align directly across rrom Olana Way to the north at such time
as the over-all property is renovated by the property owner.
2. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibtt
~~os. 1 through 3.
!~E IT FURTNER RESOLVED that the Anaheim City Planning Commission does hereby
find ard determtne that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the cenditions 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 approoals herein contained, shall be deemed null and void.
1932.
TI1E FOREGOIP~G RESOLUTIOtd is signed and approved by me this 5th day of April,
T..~r,. _ 1.0 12. ~ wc~-~-~-
CNA I Rt•fAPJ, AtIAHE I M C I TY PLANt~ I NG COMM I SS I ON
ATTEST:
dLC~ ~ -Q.~..~«
SECRETARY, AAlAHEIM CITY PLANPIING COMMISSIO~J
STATE OF CALIFORIJIA )
COUNTY OF OftAYGE } ss.
CITY OF AIJAHEIM )
I, Edith L. 1larris, Secretary of the Anaheim City Pianning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Analieim City Planning Commission held on April 5, 1382, bY the following vote of
the members thereof:
AYES: COMMISSIONERS: BARtJES~ E30UA5, BUSHORE, FRY~ HERBST~ KING, MC BURtJEY
NOES: COMt11S510NERS: NONE
A[3SENT: COMMISSIOI~ERS: IJOtJE
(N IJITPlESS WHEREOF, I have hereunto set my hand this Sth day of April, 1982.
~~Q.,c..o~ ~' ~~~.~.~.
SECRETARY, ANAHC•1M CITY PLANNING COMMISSIOP~
-3- PC82-62