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PC 85-120RESOLUTIOPJ NO. PC85-120 A RESOLUTION OF THE ANAHEIb1 CITY PLANNING COMMISSION THAT PETITION FOR CCNDITIONAL USL•' PERMIT N0. 2679 BE G~A[JTED~ IN PART W~iEREAS, the Anaheim City Planning Commission did receive a ver.ified Petition for Conditional Use Permit from SYNOD OF SOUT[IERN CALIFORNIA AND HAwAII, .L501 Wilshire Boulevard, Los Angeles, California 90017, owner, and VICTUR CONSTRUCTION CODIPANY, 3445 East La Palma Aver.ue, hnaheim, California 92806, owne~s of ceetain real property situaced in the City of. Anaheim, Ccunty of Orange, State uf Caliiornia, described as Eollows: ALL THAT CERTAIN LAND SITUATED I[d THE STATE OF CALIFORNIA, COUtdTY UF ORANGE, CITY OF AIJAHEIM, LYING WITHIN A PORTION OF PARCEL 1~ AS SHCWN ON THAT CERTAIN "L'JT LItdE ADJUST6IENT PLAT 6b' RECORDED 24 SEPTEMBER 1981 ItJ BOOK 14231, PAGE 1429~ OC UPPICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE [dOST BASTERLY CORNER OF SAID PARCEL 1 AS SEIOhN ON SAID "LUT LINE ADJUSTt1ENT'; THENCG NORTH 32° 52' 42" iJE3T 103.00 FEET; THENCE NORTH 62° 29' 42" 47EST 136.00 FEET TO THE TRUE POINT OF BEGINNING; T[!ENCE NORTH 62° 29' 42" WEST 243.45 FEET; 1'HENCE NORTH 42° 39' 42" WEST 165.44 FEET TO A YOiNT IN A CURVE, CONCAVE NORTHWGSTERLY, HAVING A RADIUS OF 211~,00 FEE2'; A RADIAL LINE BFARING NQRTH 39° 30' 44" WEST PASSES TEiROUGH SAIll POINT; TI3E;NCE NORTHWE5TERLY. ALONG SAIll CURVB THROUGH A CENTRAL ANGLE OF 04° 39' S1" AP~ ARC DISTANCE GF 168.70 FEET TO A POINT OF REVERSE CURVATUV~, SAID REVERSE CURVE: BESNG CON~.AVE SUUTHEASTERLY, HAVING A RADIOS UF' 25.00 FEET; A kAllIAL LINE ~IEARING NORTH ::5° 00' 23" WEST PASSES THROUGH SAID POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG S7,ID CURVE TF3ROUGH A CENTRAL ANGLE OF 92° 06' 34" AN ARC DIS1'ANCE OF 40.19 FEET TO A TANGENT LINE; THENCE ALONG SAID TANGENT LINE SOUTH 36° 06' S6' EAST 378.25 FEET; THENCE [dORTH 53° 28' 35" EAST 46.00 FEET; THENCE NORTH 3%° 06' 56" Wi:Si' St~.U(1 Fe.~i'; iiiaNC~ [J"vRTi-i 53' ~~' 3Fi" ii.ST 92.00 FEfii; THENCE NORTH 2y° 08' 04' EAST 193.28 FEET TO THE TRUE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Centec in the City of Anaheim on April 15, 19fi5 at 1:30 o.m., r.ctice of said public hearing having been duly yiven as required by law and in accordance with the provisions of the Anaheim Municipal Code. Chapter 18.03, to hear and consider evidence for and against sai~ proposed reclassification and to investigate and make findings and zecommendal•ions in connection therewith; said public hearing having t~een continued to the Planning Commission meeting of Ma,y 13, 1985; and WHEREAS, said Commissi.on, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence anc3 reports offer.ed at said hearing, does find and determine the following Eacts: #0519r PC85-120 :`v .y1 :pti ! ~_ ~- use permitl•is authurizedrbyoA aheirz~ Piunicipal1CodeeSeccion118.44 U50.OlOnto wit: ta permit a retail center with on-sale alcoholic beverages in an enclosed restaurant with waivecs of the following; (a) SECT_ I_pN 1g,05.091.010 - Maximum number of sians AND 18.84.062,U40 (one free,tandin4 sian sl ns proposed) Permitted; two (b) SECTION 18.05.091.011 - Maximum number of siqn displav s AND 18,84,062.040 r - urfaces_ (~~_ e s~_rfece permitted; two sla~es proposed) (c) SECTION 18.05.091.012 - Required sian placement AND 18.g4.062.U4U (Parallel to and mounted on 36 inch hi h wall required; two freestandinq monur~ent siqns proposed) (d) SECTION 18.05.091.019 - Plaximum sian area AND 18.84.OG2.040 (20 square feet -~_ permitted; 24 and 168 square feet proposed) (e) SECTION 18.84.062.011 - btinimum building setback (100 feec required adiacent to Santa Ana Can1`aa, gp feet proposed) r 2. That tt~e requested waiver (a) is hereby denied on the baais that the petitioner stipulated at the public hearing to eliminate one of the proposed identificat_on siyns, thereby deleting the need for said waiver. 3. That tne requested waivers (b), (c) and (d) are hereby granted, in part, to perm~L one treestanding identificah_ion monument sign with a disp.lay area of 168 square feet to be located at the southeast corner of Santa Ana Canyon Road and Cairmont Boulevard at a location and height approved by the City Traffic Engineer; on the basis that the:e ~re s~.ecial circumstances uNblicable to the property such as size, shape, topograph,y, locat_ion and surroundings which do not apply to other identically zoned property in ~he same vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other p~operties in the identical zone and classification in the vicinity, 4. That the requested waiver (e) is hereby granted on the basis thac there are special circumstances applicable to tt~e property such as si2e, shape, topography, location and surroundings which do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in :.he identical zone and classification in t:~e vicinity. 5. That tt;e proposed use will not adversely affect the adjoining land uses and the growth and ~3evelopment of the area in which it is proposed to be located. 6. That the size and shaoe of the site proposed for the use is adeq~ate to allow the fu.il development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare of thE Citizens of the City uE Anaheim. -2 PC85-120 7. That the gcantin9 of tYie Conditional Use Permit undec the condition~ imposed, if any, will not be detr.imental to the peace, health, safety and genecal welface of the Ci`izens of the City of Anaheim. t3. That the r.raffic genera~ed b s des i noe osavd uimproved nco carryethe undue burden upon the stceets and highway. 9 traffic in the a~ea. 9. That no one indicated their pres~~nce at said public heacing in oppusition; and that no correspondence was rE^eived in opposition to the s~~bject petition. ENVIRUNMENTAL Ib1PAC'P FINDING: .hat the Anahei~~; City Planning Commission has reviewed the pcoposal to reclassify sub~ect pcoperty from the RS-A-43,000(SC) (Resid?ntial/Agricultural, Scenic Corrio:+r Overlay) Zone to the CL(SC1 (Commercial, Limited, scenic Corridor Over:ay) or a less intense zone to permit a retail ce;~tec with on-sale alcoholic beveray°s in an enclosed restaurant with waivers of maximum number of signs, maximum number of sign display surface, required sign placenient, maximum sign acea and min-mum buildin9 setback and removal of six (6) specimen tre°s on an irregularly-shaped parcel of land consisting of a~proximately 2.4 acres located at the southeast cornec of Santa Ana Can.on Road and Feitmont Boulevard; and does hereby a~pcove the Negative Decla~ation upon findi~:g that ~t has considered the Negative Declacation together with any comments rec~ived during the public review process and Eurthec findin; on the basis of t_he initial study and any comments ceceived that there is no su5si•antial eviden::e that the project will have a siynificant eff.ect on the envi[onment. NOW, THEREFOP.E, BE ?T RESOLVEU that the Anaheim City Planning Commissio~ does hereby gcant subject Petition for Conditional Use Permit, upon the following conditions which a~e hereby found to be a necessary prerequisite to the proposed use of the subject propecty in o~der to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That this ~~auiliui,ui li:;c Perr..it :s ~ranted subject to the adoption of the Zoning Ordinance ir, connection with Reclassification No. 84-85-33, now pending. 2. That the owner of subject property shall pay to the City of Anaheim a fee for tree plantin9 Furposes along Fairmont Boulevacd and Santa Ana Canyon Road in a~i amount as determined by the City Council. 3. That prior to issuance of a building permit, the appcopriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as deter:nined by the City Council for new commercial buildings. 4. That prior te app~oval of a gcading plan, the owner of subject property ci~all pay the appropriate drainage assessment fees to the Cit~• of Anaheim in an amount as determined by the City Enginee!. 5. :hat drainage of subJect propezty shall be uisposed of in a manner satisfactory to the City Enqineer. _3_ pC85-120 i ~ 6. That in the event subject property is to be d.ivided for the purpose of sale, lease, or financing, a parcel map to record the approved division oF subject property ahall be submitted to and approved by the City of Anaheim and then be recorded in toe office of the Orange County Recorder. 7. That prior to commencement of structucal fr.aming, fire hydrants shall be in~talled and charged as required and determined to be nacessary by the Chief of thc Fire Department. 8. That trash storage areas shall be provided and maintained in accordance with approved plans oa file with the Stceet Maintenance and Sanitation Division. 9. That all driveways shall be cons'~ructed to accommodate ten (10) foot ~ radius curb retucns as required by the City Traffic Engineer. 10. That any pedestrian walkways between cubject ~roperty and the property immediately to the south sha.Ll be reviewed and approved by the City Traffic Engineec. 11. That a reciprocal vehicular acc:ess and patl:ing agreement, between subject property and the property immediately to the south, in a form satisfactory to the City Attorney shall be recorded with the Office of the Orange County Recorder. A copy of the rscor.ded agreement shall then be submitted to the Planning Department. 12. That in the event a portion of Che E1 Rancho Junior High School property, locaLed east of subject property, is utilized for parking or vehicular circulation purposes serving subject properly, a vehicular access and parking agreement between the sch~~l and subject pcoperty shall be recorded with the Office of the orange Count; Recorder. Said agreement sha.ll be reviewed and approvec' by the City Attorney, and a cop,y of the recorded agreement sha'!1 be subinitted to the Planning Department. 13. Thar an~ ~p~~l;,~~u Ziee cemoval shall be s~ibject to the tree preservation regulations in Chapter 18.84 ot the Anaheim Dfunicipal Cude, the "SC' Scenic Corridor Overlay Zone. 14. That the fire and storm drain access driveways shall be surfaced in a manner acceptable to the Fire C~epartment and Street Maintenan~e and Sanitation Division. 15. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. Insta.llation of any gates within a distance of forty {qp) feet from said public street rights-of-way shall be sebject to the review and approval of the City Traffic Engineer. 16. That subject property shall be serve~ by unc~erground utilities. 17. That fire sprinklers shall be installed as required by the City Fire hiarshall. 18. That all air conditioniny facilities shall be proFerly shielded from view. -4- PC85-12~ ~ ~ 19. That, as sj~ecified in Anaheim Municipal Code Section Plo. 18.84.062.J32, no coof-mounted equipment, whatsoevex, shatl be permitted. 20. That subjc:ct property shall be developed sub~tantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibi.;: No. i and Exhibit hos. 2 through 5; provided, however that only one free-standing 'monument" sign shall be permitted with a maximum display acea of 168 square tt~t and located at the southeast corner of Santa A~ia Canyon Road and Fairmort Boulevard. 21. That prior to issuance of a building permit, or within a period of one year feom the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 6, 10, 11 and 12, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with 5ection 18.03.090 of the Anaheim Municipal Code. 22. That prior to final building and zoning inspectiors, :ondition Nos. 5, 8, 9, 13, 14, 15, 16, 17, 18 and 20, above-mentioned, shall be complied with. BE IT FURTHEP. RESOLVED that the Anaheim Cit~~ Planning Commission does he:eby find and determine that adoption of this Resolution is expressly predicated upon applicanL's compliance with each and all of the conditions hereinabove set furth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent juri~diction, then this Resulution, and any approvals herein contained, shall be deemed null and void. THE r^OREGOING RF.SOLUTION is signed~and approved by me th?s 13th day of Dlay, 1985. I ~ i -~ - 1,'Z-' ~ '>> /f~Q ` CFiA3RMAN, ANAHE ht ~ITY PLANNING COMMISSIUN ATT~ST: n !~. ~ /~C.f(M~~ SECRETAR , ANAHEIPI CITY PLANNING COMPIISSION STATE OF CALIFORNIA ; COUNTY OF ORANGE ) ss. CI'l'i OF ANAHEIM ) I, L•'dith L. Elarris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed anc adopted at a meeting ot the An~iheim City Planning Commission held on May 13, 1985, by the following vote of the members the:eof: AYES: CUMMISSIONERS: BOUAS, FRY, HERBST, KING~ LA CLAIRE~ MC BURNEY NOBS: COIdMISSIONERS: NONE ABSE~NT: COMMISSIONERS: BUSHORE IN Wii'NESS WHERE06', I Have hereunto set rtiy hand Lhis 13th day of May, 1985. ~dU-~ ~ /`~E~v St;CRETARY, ANAEIEIM CITY PLANNING COMMISSION PC85-120 -5- 4 ~ca9!