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Resolution-PC 97-141~ ~ RESOLUT'ION NO. PC97-141 A RESOLUTION OF THE ANANEIM CITY PI.ANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 397G BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Canditional Use Permit for certain real prop~rty situated in the Ciry of Anaheim, Counry of Orange, State of California, describec~ as: PARCEL 1, .4S SHOWN ON A MAP FILEJ IN BOOK ?A7, PAGES 4~ pND 42 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNT'l, CALIFORNIA. EXCEPTING THEREFROM ONE-HALF OF ALL MINERAIS, OIL, GAS, ASPHALTUM, AND OTI-KCR HYDROCARBON SUBSTANCES IN, ON dR UNDER SAID L~`,M~, AS RESERVE'J IN THE DEED FROM CLYDE E. HOWELL, 1:Nil OTHERS, RECORDED SEPTEMBER 13, 1948 IN BOOK 1700 PrAGE 10 OF OFFICIAL RECORDS OF SAID ORANGE COUN'~'Y. RESERVING THEREFROM HiJN-Ea{CLUSIVE EASEMENTS FOR VEHICULAR AND PEDESTP:iAN iNGRFSS, EGRESS ANA ACCESS, AND PARKING PURPOSF.~ AS MORE PARTICULARLY SET FORTH IN ARTICLE IT, SE(.;TIONS i AND 2 OF THAT CERTAIN DECLARATION OI' RFS : RICTIONS, RECORDED FEBRUARY 21, 1986 AS INSTRUM~~NT NO. 86-0716G0 OF OFFICIAL RECORDS OF SAID OR~`+NGE COUN.'Y, i;f:.LIFORNU~. A N~N-EXCLU~TVE EASEMENT FOR VEHICULAR AND PEDESTRiAN INGRESS, rGRESS AND ACCESS PURPOSES ON, pVER AND ACROSS Ti-iOSE PORTIONS OF PARCEL 2, AS SHOWN ON A MAP FILEU 1N BOOK. 1A7, PAGES 41 AND 42 OF PARCEL MAPS, IN THE OFFICE vF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNL4, AS MORE PARTICULARLY SET FORTH IN R TT_RICCIONS, REOCORDED FEBRUARYT lI 986 AS NSTRUMENT NO. 86-0711G0 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. VEHIOCULARLUPAR NGSEAND AO RETAIMNG A~ LG AYD AL OTTED TO PASU ERALTA DE DOMINGUEZ AS DFSCRIB D IN THE FINAL DECREE OF PARTITION OF THE RANCHO $pNTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1868 IN BOOK "B", PAGE 410 OF JUDGMENTS OF THE DISTRICf ANGELES COUNTI', CALiFORNIAL DESCRI GD AS FNOL LOWS LOS _i_ pcq~-iai CR3062PL.WP ~ ~ BEGINMNG AT THS MOST NORTHERLY CORNER OF PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK ZA7, PAGES 41 AND 42 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, SAID CORNER BEING IN THE SOUTHEASTERLY LINE OF EAS7'BOUND SANTp. ANA CANYON ROAD, AS SHOWN ON SAID PARCEL MAP, SAIDTERLY HAVING A LyNE BEING A CURVE CONCAVE NORTHWES RADIUS OF 211.00 FEET, A RADIAI. LINE T~O~SENCE ALONG ETHE SOUTH 39 DEGREFS 35' 13" EAST; NORTHEASTERLY LINE OF SAID PARCEL 1 SOUTH 42 DIiGR.EES 39' 42" EAST 165.44 FEET AND SOUTH 62 DEGREES 29' 42" EP.ST Sb,pO FEET; THENCE LEAVING SAID NORTHEASTERLY LINE NORTH 42 DEGREFS 39' 42" WEST 217.18 FEET TO A POINT IN THE NORTHEASTERLY EXTENSION L1NE NORTH 42 DEGREES 39' 42" WEST 217.18 FEET TO A PC:NT IN THE NORTHEASTERLY EXTENSION OF SAID SOUTHEASTERLY LINE OF EAS7°BOUND gp~~p pTip CANYON ROAD, ALSO BEING A POINT IN THE NORTHEASTERLY EXTENSION OF SAID CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 40 DEGREES 06' 13" EAST; THENCE SOUTHWESTERLY ALONG SAID NORTHEASTERLY EXTENSION OF SAID CURVE AND SAID SOUTHEASTEItLY LINE THROUGH A CENTRAL ANGLE OF SAID CURVE AND SAID SOUTHEASTERLY ARC L NGTH OF 19.02 FEE TO THEE POINTUOF BEGINNI ~, AN A NON-EXCLUSIVE EASEMENT FOR LAAIDSCAPING AND APPURTENANCES OV~R THAT PORTION OF THE LAND ALLOTTED TO PAULA PERALTA DE DOMINGUEZ AS DESCRIBED IN THE FINAL DEC~tEE OF PARTITION OF THE RANCHO gANTIAGO DE SANTA ANA, WHIC-I FASEMENT ENTERED SEPTEMBER 12, 1868 IN BOOK "B", PAGE 410 OF JUDGMENTS OF FOR DLOS IANGELES COOUNTY,~CA F'.~x~iIADDESC BEDA AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 1, AS SHOWN Or1 A MAp FILED IN BOOK 1A7, PAGES 41 AND 42 OF PARCEL MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, SAID CORNER BEING IN THE SOUTHEASTERLY LINE OF EA~TBOUND SANTA ANA CANYON ROAD, AS SHOWN ON SAID PARCEL MAP, SAID SOUTHEASTERLY ~.1NE BE1NG A CURVE CONCAVE NORTHWES'I'ERLY HAVING A RADIUS OF 2110.d0 FEET, A RADIP'L LINE TO SAID CORNER BEARS SOiJ'd'H 39 DEGREES 35' 13" EAST; THENCE LONGTHE NORTHEASTERLY LINE OF SAID PARCEL 1 SOUTH 42 DEGREES 39' 42" EAST 165.44 FEET AND SOUTH 62 DEGREES 29' 42" EAST 56.0(1 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLX LINE NORTH 42 DEGREES 39' q2^ WEST 217.18 FEE'C TO A POINT 1N THE NORTHEASTERLY EXTENSION OF SAID SOUTFiEASTERLY LINE CF EASTBOUND SpT1'I'p ANA CANYON ROAD, ALSO BEING A POINT IN THE NORTHEASTERLY EXTENSION OF SAID CURVE, A RADWL LINE TO SAID POINT BEARS SOUTH 40 DEGREES O6' 13" EAST; THENCE _2_ PC97-141 ~ ~ NORTHEASTERLI' ALONG SAID NORTHEASTERLY BXTENSIUN OF SAID CURVE ElND SAID SOiJTHEASTERLY LINE THROUGH A CENTRAL ANGLE OF 0 DEGREES 3T 25" AN ARC LENGTH OF 22.97 FEET; THENCE LEAVING SAID NORTHEASTERLY EXTENSION SOUTH 40 DEGREES 43' 38" EAST 28.00 FEET; THENCE SOU'~'H 47 DEGREFS 2A' 18" WEST 10.00 FEET; THENCE SOUTH 42 DEGREES 39' 42" EAST 215.00 FEET; THENCE SOUTH 47 I3EGREES 29' 18" W~T 2,38 FEET TO SAID NORTHEASTERLY LiNE OF PARCEL 1; DEGREES A 9~ 42 SWFST ~~ ~ T ETOYTHE TRUE OINT BEGINNiNG. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the Ciry of Anaheim on September 29, 1997 at 1:30 p.m., notice of said public hearing having been duly given 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 said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said ComYnission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does ~nd and determine the following facts: 1, That the proposed use is properly one for which a conditional use 18.44.050.010 and 18.84.061 permit is authorized by Anaheim Municipal Code Section Nus. to permit sales of beer and wine for on-premises consumption in a previously approved restaurant expansion (1,835 square foot expansion for a total 3,490 square foot restaurant). 2. That the proposed use is properly one for which a conditional use permit is authorized by tiie Zoning Code; 3. That the proposed use will noc adversely affect the adjoining land uses and the growth and deveiopment of the area in which it is proposed to be located because this existing restaaarant can continue its operation without adverse affects to xhe adjoining land uses; 4. That the size and shap~ of the site for the proposed use is adequate to allow the full development of the propnsed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare because the size and shape allows for the development of a commercial center and this restaurant will be expanding into existing floor area which will not be detrimental to the area; 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; _3_ PC97-141 ~ • (, That the granting of the conditional use permit, under the condit'ons imposed, will not be detrimental to the peace, health, safety and genera' ~~+elfare of the citizens of the City of Anaheim; 7, That no one indicat~d their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. (`ALIFORNIA ERTVIRONMENTAL OUALITY ACT__FINDIN : That the Anaheim City Planning Comr,~ission has reviewed the proposal to permit sales of beer and wine for on-premises consumption in a previously approved restaurant expansion (1,835 square foot expansion for ~ iotal 3,490 square foot restaurant) on a 2.4- acre irregularly-shaped parcel is located at the ~outheast corner of Fairmont Boulevard and Santa Ana Canyon R.oad with approximate frontages of 377 feet on the east side of Fairmont Boulevard and 168 feet on the south side of Santa Aya p anyon Road (108 South Fairmont Bouleva-~d - Hibachi Steak House; and does here:`s a rove the Negative Declaration upon tinding that the declasatio^ re+lects the independent judgement czf the lcad agency and that it has consi~ferEd the Ncga~ive Declaration together with any comments received during the public review process and furthcr finding on the basis of the initial study and any comments -'eccived that there is no suhstantial evidence that the projcct will havc a significant effect on thc cnvironment. NOW, TiIGREFOR~, I3E 1"1' RESOLVED that thc An:iheim City Planning Commis~ion docs hcrchy grant subject Yctition for Conditional Usc Pcrntit, ~pon the tollowing conditions which .~re herehy fuw~d tu be a necrssary prereyuisite to the proposed use of the suhject propeny in e-rdcr to prescrve the ~afcry and gencral wclfare ~~f the Citizens o[ the City of An:ihcim: 1. 'I'hat trasti stor:~gc areus shall hc prc-vi~cd and m:tintaincd in a I~~cation acccptahle to thc Public Works Departmcnt, Strccts and Sanitation Division, and in accordancc with a~~provcd plan~ un filc with ~aid Dcpartmcnt. Such information shall hc spccifically shc~wn on thc plans ~uhmiucd fur huilding pcrmits. ~, 'I'hat a pfan sheet fur solid waste storu~c and cutiection a~id ~+. plan for recycling shall bc submittcd to thc Puhlic Works Dcpartmcnt, Strects and Sanita~ion Division, for revie;w and appruvai. 3, 'I'hat an on-site tr-sh truck turn-around area shall be prc-vided in accordance with Engineering Standard Uetail No. 610 and maintained tc~ thc satisfaction of the Public Works Department, Streets and Sanita~ion Division. Said turn-around area shall be speci~cally shown on plans submitted for building permits. q, That the hours of operation shall nc~t exceed 10 p•m• $, That the estahlishment~~ ~f th Cali c rniaSQusn~ess andCProfeission t'Codeace" as defined by Section 230. _4_ ~'C97-141 ~ ~ (, That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of Anaheim. '7, That food service with a~1 wh cheverlloccursa~rbleon each day of pe ationeither 10:00 p.m. or closing time, g, That' there shall be no pool tables mazntained upo~i the premises at any time. 9, That subject alcoholic beverage license shall not be exchanged for a"public premises (bar) rype 19cense nor shall the establishment be operated as a"public premises" as de~ned in Sectian 2 3 0 3 9 o f t he C a l i f o r n i a B u s i n e s s a n d P r o f essions Code. 10. That the sales of alcoholic beverages shall not exceed 40°Io of the gross sales of all retail sales during any three (3) month period. The applicant shail maintain records on a yuarterly basis indicating the separzte amounts of sales of alcoholic beverages and other items. 'rhese records shall be made available, subject ta audit and, when requc.sted inspection by any Ciry ~~f Anaheim of~cial during rea,5onable business hours. 1l, That there shall he no live entcrtainmcnt, amplified music or dancing perinitted on the premises at any time without issuar.cc of prc~per permits as required by the Anahcim Municipal Cudc. 12, that the sale of alcohc~lic beverages fur consumption off the premises shall be prohibitcd. t3, 'I'hat thcre shall bz nc~ cxtcrior a~lvcnising of any kinJ or typc, including advcrusing directed to tne cxterior froai insi~e thc huilding, promoting °~ ti~nn~ inclic tine availahility of alcohol beverages, with the cxc~.pticm of ~~ne (1) ~~b ~ "cocktails:' 14. That the activitics occurring in conjunction w~+h ;... ~peration r.~f this establishment shall not causc nuisc disturbancc tu :<i~~~~~"" ~nb Lzr~-pe.rticti. 15. Thut the parking lot serving the pri:mises shali Ine eyuippcd with lighting of suf~ciene power to illuminat.e and make ~asily diticernihie the appe.,:ance and cocaduct uf al! persons on ~r ahout the rarking lot. Said lighting shail he directed, positioned antl shiel~~ed in sucl- a manner so as not to u~~reasonably illuminate the windows of ncarby residences. 16. That the business operator shall comply with Section 24200.5 of the Iiusiness and Professions Code so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, t~ buy them drinks in the licensed premises under any commission, percentage, salary, or other pro~t-sharing plan, scheme or conspiracy. _5_ PC97-141 ~ ~ 17, That all doors serving subject restaurant shall conform to the requirements of the Uniform Fire Code and shall be kept closed an ei~~~deliveriestland anncasesuof of operation except for ingress/egress, to p emergency. ig, That there shall be no coin-operated telephones on the property that are located outside the building and within the control of the applicant. 19, That signage for subject facility shall be limited to tk~at shown on the exhibits submitted by the petitioner and appro~ed by the Planning Commission. My additional signage shall be subject to approvdl by the Planning Commission as a "Reports and Recommendations" item. 20, That subject property shall be developed substantially in accordance with plans and speci~cations submitted to the City of Anaheim by the petitioner and which plans are on ~le with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 21, That prior to issuance of a building permit or within a period af o~ie tlj year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2 and 3, 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 finding building and zoning inspections, Conditiun Nos. 15, 17 and 20, above mentioned, shall be compliecf with. 23, That approval of this application ccnstitutes approval of the pmposed request only to the extent that it complies with the Anaheim Municipal ~ a~l ~o sonotanclude other applicable City, State and Fedcral regulations. App any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or reyuirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon appl-cant's compliance with e~!ch and all of the ~e °~eclared e nvalicl~or set forth. Should any such conciition, or any part thereof, unenforceable by the final judgment of any court of competent jurisdicti~n, then this Resolution, and any approvals herein contained, shall be deemed null and void. _6_ pC97-141 .~ THE FOREGOING RESOLUTION w ado d at the P i g Commission meeting of September 29, 1997. _ CHAIltPE N- PRO T MPORE qNAHEIM ITY PLANNING COA~IlvIISSION ATTEST: l SECRETARY, AHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY QF ORANGE ) ss. CITY OF ANAHEIM ) I, Mazgarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 29, 1997, by the following vote of the members thereof: AYES: COMM1SS10NERS: BOYDSTUN, IIRISTOL, HENNINGER, MAYER, NAPOLES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, PERAZA ~ day of IN JJITNESS WF-IEREOF, I have hereunto set my hand this , 1997. 1 ~ ~'a~O'~o' SECRETA ANAHEIM CITY PLANNING COMMISSI4N _~_ PC97-141