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Resolution-PC 92-32RFSOLiLTION NO. PCy2-3~, A RF50LUTION UF THE ANAHEIM CITY PLANNIN(3 COMMISSIQN TFIAT PETITYON FOR CONUITIONAL USE PrRMIT NO. 3501 BE GRANTED WHEAEAS, the Anaheim City Flanning Commieeioh did receivo a verified Petition for conditional Uee Permit For certain roal proper.ty eituated in Che City of Anaheim, County of Orange, State oi Cal.iiornia, doecribed ae: PARCEL As k1EGINNINC AT A POINT IN TH~ CFNTER LINE OF THF, SANTA ANA CANYON ROAD (NOW STATE HIGHWAY)~ ti9.13 F'EET NORTH 44 DEGRESS 00' 30" EAST FROM THE BND OF A CURVE ON SAIO CENTER LINE, 3AID C(JkVF BF.IN3 APPROXIMATELY 1388.00 F'EET SAUTH 44 D8(iRE~S 00' 30" WEST I'ROM THE INTERSECTION OF 9AID CL~NT$R LYNE, BX NORTN LINF OF TOIJNF,HIP 4 SOUTH, RANGE 9 WS3T~ S11N BF.RNARDINO BA5E ANG MERIDIAN, RUNNING FKOM SA2D POINT OF BEGINNING, SOUTH 42 bEGREES 59' 40" EAST 453.34 FEETj THENCE NORTFi 47 DEGREES 08' 20" EA3T 280.62 FSETi TH~NCF: NORTH 02 DECREES 59' 40" WEST 468.68 FEET TO A POINT IN THE CENTER LINE OF SANTA ANA CANYON ROADj THEt~CF. SOUTH 44 pEGREES 00' 30" WE5T 281.00 PEET ALONG SAID CENTER LINE TO 2HE POINT OF BEGINNING. EXC£PTINC THER~FKOM, THAT PORTION OF SAID LAND DE:SCRIBED AS FOLLOWS: BEGINNINC AT THE M95T IIORTHERLY CORNER OF THAT CGRTAIN RtiAL PPOPERTY DESCRIBED IN DEED TO x.OUIS HRODY~ DATBD JUt~E 26, 1947, AND ACCORDEU IN TNE OFFICE OP THE COUNTY RECORDER OF SHID ORAtJGE COU~~TY. WHICH CORNER IS DISTANT ~LONG THE C£NTL~R Lllv£ OY SANTA ANA CANYON ROAD, 1~!% PER DEED m0 5AIU COUt7TY RFCORDED IN BOOX 171, PT~CE 144 OF OFFICIAL RECORDS IN TY.E OFFICE OF THE COUNTY RECCIRDER OF SAIJ ORANGB COUNTY, NORTH 44 DE(iRE6S 07' 42" EAST 330.13 FBET PROt4 A BOLT Ot3 SAID CENYL+R LINE, MARK2NG THE SOUTHWEST TERMIttUS OT+ THAT CERTAIti COUR3E DE3CRIBSD IN SAID LA57 MENTIUNED OEtiD AS FtAVINa A B~AFtINC N~A2H 43 DEGREES 52' OS" EAST, 71ND A LEN(iTH O! 1488.82 PLE'ti T19.°.liCE ALONG SAID CENTER LSNB, SOUTN 44 DECRE~S 07' 42" i+EST 2~3.97 FEET; THEtJCS tJORTH 60 DBCAEES 30' 02" EASi 93.8~ FLET; ilIENCE tiORTHGASTtiRLY 31Na TANGFNT 7'O THE LAST DL'S<:RIBED C4URSE, ALONa A CURVE CONCAVE NORTNWESTERLY, HRVIt7G A RADIUS OF 2110 BBpT, ~N ARC DI.~iTAtiCE OF 13fi.19 FEET 'f0 A POIti2 IN THIi NORTHEIISTBRLa LSNE OF SAID PRCPERTY OP LOUIS BROQY~ D14T11NT THLItP.OH SOUTH 42 DEr,RF.ES 52 ~ 28" EAST 60.59 P1:8T YROIt SAiD ~OSNT UF BEc:ilit~ttlGr TfIENCF. NOR?H 42 OEaRE~3 52' 28" WLST 60.57 FEET 'YO THE POINT OF BEGINNINa, NHICH HI15 CR:~i49HS -1- 4C92-32 BEEN GRANTED TO TFIE STATE OF CALIFORNIA aY UEED RECOHDED k'E~AUARY 25, 1944 3N BOOK 1621, PAGE 4d7 OC OFFICIAL RECORDS IN THE UFFICE Or THE COUNTY RECOTIDER OF SAID ORANGE COUNTY. AL50 EXCEPTING THER~FROM, THAT PCkTION D~SCRIBED ~S PARCEL NO. 2.01 IN AEED TO THC ORANG~ COUNTY HARBOAS, BEACHES AND PARXS DISTRICT~ RECORDED MAY 4~ 1977 Irl BQOK 12177~ PAGE 1582 OP OFCICI}1L RECOliD3 OF' 3AID ORANGE CUUNTY. PRACEL B: THAT PQRTION OF THE LAND AI.LOTTED TO PAULA PERALTA DE DOMINGUEZ, AS D~SCRIBCO IN THE FINAL DECAEE OF PARTITION OF THE RANCHO 3ANTIAGO DE S?1NTA )1NA, WHICH WAS ENTERED SEPTF:MBER 12, 1868 IN ~OOK "A", PAGF 41Q OF JUDGMENTS OF THF. DISTRICT COURT OF TtIE 17TH JUDICIAL DISTRICT, SN AND ~'OR LOS ANGELES COUNTY, CALIFORNIA, PESCP.IBED AS FOLLOi~S: PARCEL 3 AS 5HOWN ON A DSAP RECORDBD IN BOOK 122, PAGES 28 AND 29 OF' PAACEL, MAPS ItJ THE OFFICE UF THE COUNTY RECORDER OF ORANGE CQUNTY, CALTFORNIA. ~'ARC£L C: THAT PORTION OF THE LAND ALLOTTED TO PAULA PERALTA DB DOMIN:,UEZ, AS DESCAXB£D IN THB FINAL DECREE qF PARTITION OF THE RANCHO SANTIAGO DE ~ANTA ANA, WHICH WAS e.NTERCD SEPTEt4BEP 12, 1868 LN gOOK "D"r PAG:~: 4S0 OF JUDG~M~N'1S OF THE DISTRTCT COURT ON' THL~ 27Tii JUDICIAL DISTRICT, ZN AtiD FOR LOS ANGCLES COUNTY, CALIFORN'LA, ~BSCRIAED AS FOLLOWSs 4ARCEL 2 AS SHOWN ON A MAY RECARDED IN BOAR 222~ PAGES 20 AND 29 OF PARCEL MAP4 IN THE OPFICE OF THE COUNTY R£COROER OF ORAIJCiE COUNTY, CALIFORNIA. PARCEL D: 2'HAT PORTION OF OLD SANTA ANA CANYON ROAD DESCRIBED IN DEED RECORDBD JUNE 7, 192II IN DOOK 1''l, PACE Id4 OF OFFICIAL REC~RDS OF SRID ORANG£ COUN'~Y, LYINC WI'CHIN THAT PORTION OP PARC6L 5 AS SHOWN ON A MAY FILED It+ BOOK ?, PAGES i THROUGFi 30 OF ~TATE HI(iHW11Y MAPS I!~ TfiE OEFICE OF THE COUNTY RECOTtDBR O!' SAID COUNTY, DESCRIBED AS FOLLOWSs BF.CIN~SNC AT A POINT OF 'TtiE SGUTIiEAETEALY I.ItIL~ Or t3AID SANTA ANA CAt~YON ROAD, 60.00 F'EET FIIDE~ SAID VOTtIT HEItiC THE LASTERLY TERHINUS OF A CURVE HAVING A RADIl7S OF 400.00 FEET, WH2CN IS CONCENTRTC WITH AftD LILS 30 EEP.1' SOUTklEASTERLY F1iOM THAT CERTAiN CURVI-. xN THP. CENTF.RLINL+ OF SAID ROAD, DESCRIBL'D ZN SAID DEEp A$ BE:NC CONCAVE TO THE NORTI{, HAVINa A RAAIUS OF 450.OU ['EET At~D A ~Et~TR11L ANCI.E OF 37 DEGREES 02' 4$" i -2- PC92-32 TEiENCE SOUTHWESTERI~Y ALONG SAID SOUTHEASTERLY LINE, THROUG~ A CENTRAL ANGLE OF 22 DEOREES 46~ 10", A nISTANCC Oc' 190.75 FEET~ MORE OR LESS~ TO THE EASTERLY LINE OF THE LAND D~SCRTBED IN A DEED TO SANTA ANA VALLEY IRRIGATION COMPANY, RECORDED OCTOBER 9, 1947 IN BOOK 1536, PAG~ 487 OF OFFICII~L FEC4RDEj THENCE ALONd SAID EASTERLY LINE, NORTH 27 DEGREES 38' 33" EAST 50.53 FEET, AND NOATH 44 DEGREES 49' 53" EA3T 1G8.50 FEET TO THF NORTHWESTGRLY LINE OF 9AID PARCEL 5~ A8 SH~WN ON SAID MAP FILED IN BOOK 9~ PAGES 1 THROUGH 10 OF STATE HTGHWAY MAPSt TEiENCE ALONG SAID NOATHWESTERI.Y LINE, NORTH 6]. DEGRECS 11' 18" EASx 172.65 FEET TO A TANGENT CURVE I:ONCAVE NORTHWESTERLY, HAVTNCi A RADIUS OF 2110 FEETT THENCE NORTHEASTERLY ALONG THE HRC UF ^uAID CURVE~ THROUGH A CENTIiAL ANGEL OF 00 OECSREE3 21' 27" ~ A AISTANCE OF 13.17 Y'EET TO THE INTERSECTION OF SAID NCIRTHWESTERLY LINE WITH ~SOVE DGSCRIBED SOUTHEA3TERLY L~INC OF SANTA ANA CAN70N RUAD= THENCE ALONG SAID SOUTEIGASTERLY LIl,c,~ SOUTH 44 DEGREES 49' 28" WEST 209.30 FEET TO TNE POINT OF BEGINNZNG. PARCEL 3: THAT PORTION OF THE LAND ALLOTTED TO PAULA PERALTA DE DOMINCUEZ, AS DESCRIBED IN THE FINAL DECREE OF PARTZTION OF THS FiANCHO SANT7AG0 DE SANTA ANA, WHICH WAS ENTERED SEPTEIdBER 12~ 1868 IN 600K "B"~ PAGE 410 OP' JUDGEMENTS OF THE DISTRICT COURT OF THE 17TH JI:DICIAL DISTRICT, IN AND FOR LOS ANGELE;S COUNTY~ QALIFORNIA~ DESCRIBED AS COLLnPiS: PARCEL 1 AS SHOWN O~ A MAP RECORDE6 IlV BOOK 122, PAGES 28 AND 29 OF PARCEL MAPS IN THE OFFICE O~' THE CQUNTY RECORDER OF ORANGE COUNTY~ CALIFORNIA. YARCEL F: THA'f POP.TION OF THE LANp ALLOTTED TO PATILA PERALTA DE DOMINGUE'L, AS DESCRIBED IN T4iE FINAL D~CRt~:E OF PARTITION OF TtlE RANCHO SAN:IAGO DE SANTA ANA, WHICH WAS F.NTERED SEPTEMBER 12, lf)6$ IN 600R "8"r PAGE A10 OF JUUC~EMEt7T5 OF THE UISTRIC; COUEtT OF T!!E 17TH JUDICIAL D55TRI(:T, iN ANU FOIt LOS ANGELES COUNTY, ~ALIFORNIA, DESCRIBED AS FOLLUWSt THAT POI2TION OF PARCEL 5 aS SF'.OWN ON A M1~P FYLEb S!: pqpiC 9, PAG£S 1 TNROUGH 10 OF STATE HSGHWAY MAPS IN THE OFFlCE OF TH£ COUNTY RECOADER OF ORANGL~ COUNTY, CALIFORl1IA, IPtCI.UDED iiLTHIN K'HL* LAND DESCRIdED IN DG+EA TO THE SANTA ANA VALLEI' IRR2GATTON COHPANY, RE~:ORDED OCTOS£R 9, 19A7 IN BOOX 1536, PAGB 487 OF .~FPICIAL RECORAS nF SAID ORANGF. COUNTY. EXCEPTING THERrFROM, THP.T PORTTON TNCLUDED WITHTN ':HE LAND D~SGRIBED 3N UEED TO AI~DERT J. NIODEK ANU WIFF, RECOADED DECBMBER 11, 1947 IN 300K 1613, PAGE ~2 OP SAID 4FFICIAL RECORO,. -3_ PC92-32 ALSO E.XCEPTING THEREEROM, TNAT PORTION LY'iNG NORTHWESTERL'l AND SQUTHWEST£RLY OF THE FOLLOWING Ur^,SCRIHED LINE: BEGIIJNING AT THE NORTHWESTERLY CORNER OF LOT 25 O~' 'TRACT NO. 91~i4, AS SHOWN ON A HAP RLCORDED IN BOOX 308~ PAGES 28 TO 30 INCLUSIVE OF MZSCELLANEOU3 :4AF8~ RECORDS QI` ORANGE COUNTY~ CALIFORNIA; TH~NCE NORTH 76 DEQREES 25' 57" WEST 26.70 FEET TU A POINT IN THE CENTERLSNE OF TH~ RIGHT OF WAY GFtANTED TO TFiE 5ANTA ANA VALLL~X IRRIGATION COMPANY !iY DEED RECUItDED OCTOSER 9~ 19A7 IN BOOK 1530, P:+GE 407 OF OFFICYAL RECORDB OF SAID OANNGE COUNTY J THE;NCE ALONG SAID CENTERI.IN~, NORTH 07 DEGREES Ol' 27" WEST 146.57 FEF.'T) THENCE NORTH 07 DEGREE9 17' 53" EAST 127.56 FEETj THENCE NORT:i 27 DE~RL~E3 39' 18" EAST 129.77 FEET TO A POINT= THENCE NORTH 28 DE(iRL$3 48' 16" WEST 2A.00 P'EET TO THE SOUTHERLY RIGHT OF WAX LINE OF TFiE SANTA ANA CANYON ROAD, SAID '30UTHERLY FtIGHC OF WAY BEING THE NORTHERLX L2NE OF PARCEL S AS SHOWN ~JN SAID MAP FILED IN BOOiC 9, PAGES 1 TO IO OP' STATE HIGHWAY M}1P3. ALSO EXCEPTING THF.REFROM, THAT PORTION LYING NOATHWESTERLY OF THE NORTHWESTERLY LINE OF SANTA AN.A CANYON ktOAD, AS DESCRZBED TN D~ED TO THE COUNTY OF OAIINGE, RECOR~ED JUNE 7, 1928 IN BOOK 1717, PAGE 144 GF SAID OCFTCIAL RECORDS. PARCEL 4 s THAT PORTION OF THE L}-NA AI~LOTTED TO I~AULA PER1\LTA DE QOMINGUEZ, AS DESCRIBED IN THE FINAL DFCREE OF PARTITION OF TNE RANCHO SANTIAGO DE SAhTA ANA, WIiICfI WA5 ENTERED SEYTEMB~R 12, 1868 IN BOOK "B"~ PAGE 410 OF JUDGEMENTS OF THC DISTRICT COURT OF THE 17TH JUDICIAL DISTT2ICT, SN AND FOR LOS ANGEL~S COUNTX~ Ci,.:.IY'OANxA~ DESCRIBED AS FOLLOWu: THA~ PORT20N OF PARCEL 5 AS SHOWN ON A MAP FILEU IN BOOK 9, PAGES 1 THROUt;H 10 OF STATE F~IGHWAY MAPS IN 'PHE OFFICE OF THE COUNTY RECORDEa OF ORANGE COUNTY~ CALTCORNIA, INCLUDED WITHIN THE LAND DESCRIBED IN OEED TO THE SANTA ANA VALLEY IRRLf;ATI0I3 COMP1\NY ~ RECORDED ACTOBER 9, 1947 IN BOOK 1536, PAC3E 487 OF OffFTCIAI RECORDS OF SAID ORANGE COUNTY. EXCEPTING THCRBFROM, THAT PORTIOi! I.YIN(i SOUTHEHBTERLY OF TNE NORTHWG5TFRLY L:NE OF' SANTA ANA CANYON ROAD~ AS DESCRIBED IN U£CD TO THE COllNTY OF OFLINGE RECORDED JUNE 7, 1928 IN SCOK 171, PF~GE 144 OP SA?D OFFICIAL RECOitDS. ALSO EXCEPTING 2NERE~~tOM, THAT POATION LYING NORTHWESTEKLY AND SUUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: _q_ PC92-32 BEGINNING AT THL NORTHWESTERLX CORDIER O~ LOT 2~ OF TRACT N0. 9144, AS SFiOWN ON A MAP RECOADEQ IN BOOK 388, PAGES 28 TO JO INCI,USIVE OF MISCELLANEOUS MAPu^, RECdRDS OF ORANGE COUNTY, CAT.IFORNIAJ THENCF. NORTH 7Fi DEG32EE5 25' 57" W~ST 26.7q FEET TO A POINT IN THE CENTERLINE OF TEIE RIGHT OI' WAY GRANTED TO THE SJINTA ANA VALLEY IRRIGATIQN COMI~ANY BY DEED RECaRDED OCTOBER 9~ 1947 EN 900K 153U, PAGG 487 OI' OFFICTAL RLCORD3 OF SAID ORANGF COUNTYj THGNGE ALONG uAID CENTERLZNE~ NOkTH U7 UEGREES O1' 27" {JEST 146.57 FEETf THENCF NORTH 07 DE3REF8 17' 53" EAST 127.56 FEETj THENCL~ NuRTH 27 DEGREES 39' 18" EAST 129.77 FEGT TO A POINTJ THENCE NORTH 2E~ DEG1tEE3 48' :l6" WEST ~8.00 FEET TO THE SOUTH~RLY RIGHT OF WAY LINE OF THE SANTA ANA CANYON ROAD, SAID SOUTHEIiLY RIGHT OF' WAY BEINC THE NORTHERLY LZNG OF PARCEI, 5 AS BHOWN ON SAID M.AH FILED IN BOOK 9, PAGES 1 TO 10 OF STATE HIGHWAY MAPS. PARCEL H: THAT PORTIOt3 OF THE LAND ALLOTTED TO PAULA PERALTA DE DOMINGUE'L, AS DESCRIBEll IN THE FINAL DECP.ER OF PARTITION OF TFIE RANCHO SANTIAGO DE 5ANT1~ A!•A~ WHICf! WAS ENTF.RED uEP'fEMBER ].?., 186R IN BWR "B" ~ PAGE A10 O~ JUDGEMENTS OF THE DISTRICT CUURT OF THE 27TH JUUICIAL DISTRICT, IN AND FOR LOS ANCiELES rOUNTX~ CALIFORNIA, DESCRIB6D AS FOLLOWS: THAT PORTION OI' THE EAST HALF OF PARCEL 4 AS 3HOWN AND UELINEATED ON A MAP FTLED MAY 23, 1973 YN STATE H:GHWAY MAP BOUK 9, YAGES 1 TO 10 INCLUuIVE, 2N THE OFFICE OF THE COUNTX RECORDER OF ORANCE COUNTY~ CALIFdRNIA, BOUNDED SOUTHERLY BY THG FO.T.LOWING DESCRIBED LINEs flEGINN7NG AT THE MOST WESTERLY SOUTHWEST CORNER OF PARCEY. 2 AS SHOWM ON A MAY FILRD IN BOOK 122~ PAGES 28 AND 29 QF YARCEL MAPS IN THE OFFICE OF THE COllNTY RECORDER OF SAID URJINGE COUNTY; TFIENCE NORTFI 76 DEGAL~ES 25' 57" WES: TO THG CENTERLINE OF SAID PAACEL 4. PARCEL Jt TNAT PORTION OF THE RANCHO SANTIAGO DE SANTA ANA, DESCRIBF.D IN THE DEED TU ARTHUR E. WHI2IN AND WIFE, RECORfiED OCTOB~R 1, 1964 IN BWK '1242 PAaE 17 UF OFFICIAL RECORDS IN THE OFFICE dF THE COUNTY AECORDER OF SATD COUNTY, DESCRIBED AS FOLLOWSt BEGINNINC AT TFIE INTERSECTION UF 1'- LINE THAT YS CONCENTRIC WITH RND SOUTHEAST£RLY 4Q.00 FEET FROH THAT CERTATN CURVE CITk:D A9 HAVING A RADIUS OF 2110 FEET AND AN ARC DISTANCE OF 135.19 PEET IN THE NORTHWESTERLY LzNE Ok THC LAND DESCRIBED IN SAID DEED W2TH A LINC THA1' IS PARALLEL WITH AND SOUTHi7ESTERI.Y 59.00 FEST FROM THAT CERTAIN COURSE CITED AS HAVING A BEARING nF NORTH -5- PC92-32 37 DEGREES 06' 56" WEST, AND A LENGTH OF 341.05 FEE~~ IN THE SOUTH WESTERLY LIN~ OF THE LAND DESCRIBED AS "PARC:EL ONE" IN TiiE DEFD TO THL~ CITY OF ANAHEIM~ RGCORDED QCT9II~R 2, 1974~ IN DOOK 11548~ PAGE 1808 Or SAID OFFICIAL RE;CORDS; THENGE SOUTH 37 DEGREES 55' 30" EAST, 80.00 FE~T ALONG SAID PARALLEL LINEj THENCE SOUTH 47 DECREES 08' 20" WGST, 112.00 FEET) THENCE NORTH 42 DEGItEES 59' 40" WEST, 94.00 FEETJ THLNCE NORTH 24 DEGAEES Ce' 23" EAST~ 21.35 FEET TO A LINE THA~ IS PARALLEL WITH AND 40.00 FEET SQUTHEASTE~tLY FROM 3ATD NORTHWESTGRT.Y LYNE THENCL NOATH 60 UL~GR£ES 22' 50" EAST, 45.85 FEET ALONG SRID k~ARALLEL LINE TO THF BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 2150.00 2'EET~ SAID CURVE $EING THE CONCEt~ITRIC CURVE HEREINABOVE ME: TiONED, THEDICE NORTH~ASTE~RLY 56.:15 FF.ET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 DEGREL~S 29' 47" Td THE POINx OF BEGINNING. WH~RLAS, the City Planning comrtiioeion did hold a public hearir.g ut T.he Civic Centor f.n the city of Anahel~n on March 9, 199~, at 1:30 p.m., ;ZOtice of eaid public hearing having beer~ duly givan an aequirod hy law and in accordance with the provio!ona of the Anaheim Municipal Coda, Chapter 18.03, to hear and consider evid3nce for and againat eaid propoaed conditional ueo permit and to investigate and make ft.ndinge and recommendationg ia connectio-t therewitht and WHLREAS, eaid Commieaion, after due in~pection, inveutigation and study made by iteelf and in itd behalf, and aPter due consideration of oll evidence and r~ports o£fored at eaid hesring, doeu find und determinA the ~ollowin9 facte: 1, That the prupoeed uee is properly one for which a conditional use permit ie aut;horized by Anaheim Municipal Code Section 18.44.050.300 to permit a nemi-enclonod restaurant within a~i existiQectionQi8i06.080yi1 center with waiver of tha following under suthority of Code SECTIONS 18.06.050•ozii - Minimum umber of parkina enacea. }&~06. ~~? (.4~ roquired= ~~Q axieting) 18 06.U5Q.0~ 1F3.OE.050.0231 ~g p~ E,050.G233 ~~r0. ~~~p ,~.p66.O5Q y. That the requested parking variance wil]. not cause an increaae in trxffic congeation in the immediato vicinity nor adversely affect any adjoininq land uaes= 3, Tltat ehe granting of the parking variance under the condit.ione impoaed will not be detrim~ntal to r.ho panae, heelth, nafety or genoral welfare of the citiz~ne of the City of Anaheimi -b- PC92-32 4. Tl~at the Ci.ty Traffic Enqineer hae reviewod the eubmittod parking study which eubatantia:ee L-he waiver of minimum number o£ parking spaceo and hao indicated that adequate parking ie availablel 5. That the propoaed restaurant !e conei9tont with the exiating commercial uoee within the ahopping center. Further, tt~a loca~ion of the propoee~9 reatAUrant in an "end unit" allowo the uoe of the aidewalk area £or autdoor eeating einoe th~ eidewa).k doee not provl.d~ accoea to any other unit within the centerj 6. That the propoae~i use w111 nat aQversely af~act the adjoining land usoe and the growth and developmant of the area in which it ie propo3od to be locsted; 7. That tha aize and ehape of th~ eite for t:ho propooed uee io adequate to allow the fu.ll development of the propoee~ uee in a manner nat dotrimental to the parL•i.cular area nor to ~he peace, health, eafety, and ganeral welfareJ 8. That the traffic generated by the proposod use will not i.mpose an undu4 burden upon tha e~reete ond highwaye deeignod and improved to carry the traffi.c in tho areaj 9. Thut the granting of the cond~tional uee permit uncier the conditions impused will not be d9tzimental to the peao~, health, es~aty ana genera.l welfare of the citizens uf the City of. Anahaim= and 10. That no ane indicatQd thei.z preeence at eaid public hearing in oppogitionl and thut no c.orrespondr~nce wae received in oppoeition to the subjact petition. CALIFOR I~A ENVIRQ~I,MENTAIs_SUALT~C_BS~I~3`~~= '~h~t the Anaholm t.ity Flanning CommioAion hae reviowed L•he propo~al to pormit n semi-encloeed restaurant within ar. existiny commercial retail center with waiver of minimum number of par)cing npaces cn an irregularly ~~haped parcel of lnnd ~oneietinq of approximately ti.6 aczRS located at the eoui:iw~eterly corn~r o£ Santa Ana Canyon Ruad and Fuir.mont Boalevard, having frontage~ oS approximately 280 leet on the eouth eide of Santa Ana Canyon Road end of 3d4 feet on the west eide of Fuirmont Doul~vard, and Purther described ae 6330 - 6396 Eaet Sante Ana Canyon RoadJ a-ici doea hereby approve the Negativa Doclarakion upan iinding that the declaration reY.locte the indepondent judgement o£ tho lead agency and that it has consider.ed the NegativR DAClaration together ~vith any commente recoived during the public roview process and Purther finding on the baeia that the decloration reflecte the indep9ndent judgement of the lead agency, that th~ initial etudy and nny commente receivod that •there io no eubetnntial evidear,e that tho project will 1-ave a siqnificant effeat on tt:e environment. _~_ PC92-32 t10W, THEREFORE, dE IT R~SOLVED that the Anaheim City Ylanning Commission doee horeby grant subjPCt Patition f.or Conditional Use Permit, up~n tho fullowing condiL•ione which are hereby found tn bo a neceaeary preraquieite to the propoeed uoe of the aubjoct property ~n order to preearvo the safety and general welfare of the Citizeno oi• the City o£ Anaheims 1. That a Plan Sheet for eolid waste etorage and collection and a plari For recycl.ing nhall be submitted to tY~o Department of Maintenance far review a.nd approval. 2. * That any roo£-mountod equipment ehall be eubject to Anahoim Municipal Code Section 18.84.062.032 pertain+.nq to the "SC" 8cenic Corridor overlay 7one. Suah information ehall be specifically ahown on the pl~ne eubmitted for building permits. 3. 'Phat subject property shall be developed euUetantially in accordance with plans an9 specificatione eubmitted to tho City o£ Anahaim by the petitionar and which plane are on file with the Plannin~ Department markod Exhibit Nos. 1 and 2. 4. That prior to cummencernent of the activity heroin approved, or prior to issuance uf a building permit, or within s poriod o£ one (1) yeaz from the date of thie resolution, whi~hever nccure firat, Conditian Nos. 1 and 2, above-mentioned, shall be complied with. Extensiona £or furthez time to complete said conditione may be gzanted in accordanco with Section 18.03.090 of the Ariaheim Munic'.pal Code, , I 5. That prior to commencoment of th~ ectivity horein approved or to tinal ~ buiLding arid zoning inepoctiono, whir,hover occure firet, Condition No. ~, above-mentioned, stiall be complied wlth. i 6. That the busineea hours oi uperation shall b~ ~rom 7s00 a.m. (earlieet) to 10:00 p.m. (lateot). ~ 7. * 7'hat approval ~f this application coneti.tutee approval of ~he propoaed request only to the extent that it compliee with the Anaheim Municipa.l Zoning Code and any other appiicable City, State and Fed9ral regulations. Approval doos nat include any act~on or £indi.ngs a~ to compliance or approva~ ~f the requeat regarding any other applicabla ordinanr.a, regulation or requirom~rit. Conditions marked with an asterisk (*) are required by ostablistied lawe, codes, regulations and agrRemente and are, therefore, not flubject to negoki.ation. 8E IT FUR'iHER RESOLVED that th~ Anaheim City Planning Commiesion does hereby find and determine r,hat adoption of ti.i.e Re~olution ifl exproeoly predicated upon applicant'e compliance with each and all of tl~e conditions horeinabove set forth. Should any euch condition, ~r any part thereoP, be declared invalid or unenforceable by the £inal jud~nenti of any court of competent juriedlction, then thia Reoolution, and any a~provale herein contain~d, shall be deemed null and void. -8- PC92-32 , TIiE FOREGOING RESOLUTION wus adopted at the Planning Cammieeion meeting of Marah 9, 1992. ~ ~ ~ ~/.'. . l~ ~ LC HIRMAN, ANAH M CIT PLA1VNIlVG COMMIBSTON ! ~ ATT~ST: ~ ( ~~ ~ ~Zil,u- fu,D' 'i SECRETA'i2Y NAHEIM CITY PLANNINC3 COMMISSION ' STATE OID CALIP'ORNIA ) COi`NTX OF QRANGr ) es. ~~ i CITY OF ANAHEIM ) ~ I, Margari.ta Solorio, Secretary of tl~e Anaheim City Planriing j Commiseion, do herebx corti£y that the Eoregoing reeolution wae paeaed and ~ adopted at a meeting of the Anaheim City Planning Commieaion hRld on Mazch 9, 1992, by the folJ.owing vote of the membgrs thereof: AYESs COMMISSIONEASs BOJAS, E3RISTOL~ HELLYER~ HENNINGER~ MESSE~ PERAZA, ZEMEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONEASt NONE IN WITNESS WHEREOF, I have herennto set my hrsnd this n~'r~- day o£ ~~a~~? . 1992. { C ~~,Z U~ ~ ~l~liL°~ i SECRETP Y~ AHEIM CITY PLANNING COMMISSION ~ i -g- PC92-32