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PC 75-1RESOLU~N N0. N RESOLUTION OF THE CITY PLANNING COh1MISSION OF 505 C EY GRANTcDEIN PART TY,AT PETITION FOR CONDITIONAL USE PERMI'I'. WIiEREAS, ?he Ciry Plen~~ing Commission of the City of Aneheim did receive e verified Petition Eor Con- ditionalUs~Permitfrom JOSE SAUCEDO, 175~ West Lincoln Avenue, Anaheim, California 92801 (Owner) of certain real property situated in the City of Anahelm, County of Orange, State of California described as That portion..of the West half of the Northeast quarter of the Northeast quarter of Section 17, Townshl'P•1+ ~outh, Range 10 West,•as per Map recorded in Book 51, Page 11 of Miscellaneous Maps, records of the County of Orange, State of Caiifornia, in the Raneho Los Coyotes, City of Anaheim, described as follows; The Southerly 1d5.00 feet of the Northerly 251.00 feet of said West half. EXCEPTING THERtFROM the Westerly 520.00 feet, ; end WHEREAS, the City P!anning Commission did hold e public heering at the CityHell in the City of Aneheim on Janua I'y b, 19~5 , at Z:00 o'clock P.M„ notice of said public hearing having been duly given es required by lew end in eccordnnce with the pcovisions of the Aneheim Municipel code, Chepter 18.03,to heer and consider evidence for end egainst seid pcoposed conditionel use end io investigete end meke findings end ~recommendetions in connection thecewith; and • WHEREAS, seid Commission, efter due inspection, investigatioa, end atudy nede by itselE and in its be- helE, and efter due considcretio~ of ali evidence and reports offered at seid hearing, does fin~ and determine thc following fects: 1. That the proposed uye is properly one for which e Conditional Use Pcrmit is euthorized by Code Section 18.44.050.010, ta permit on-sale liquor in an existing restaurant in the CL (Commercial, Limited) ZONE, with waivers ef; a. SECTION 18.01.190 - Minimum kitchen area, (2 % required; 14% zxlsting) b, SECTION_18.44.0_6_3,05~ - Re uired tree screen ad'acent to resid~ntial zone. (Trees required; non_e existing c. SECTION 18.44.466.03_1_ - Minimum parklna area landscapinq. (420 square_feet required; 315 square feet exist(ng) . ____ d, SECTION 18.44.068.010 - Requlred masonry wali ao~_ (6-foot masonry wali requ existing) 2, That Waiver 1-a, above-mentioned, is hereby granted on the basis that approx- imately 2,250 square feet of the total floor space is designated a5 a dance fibor, and the remaining floor space if used to compute the minimum kitchen area would be In compliance wlth the Code requirements. 3, That Waiver 1-b, above-menti~ned, was withdrawn by the petiCioner wltti ~he stipulation that the required tree screen would be provided in order to comply with the Code require~^.nts. 4. That Watver 1-c, abuve-mentioned, was withdrawn by th~ petitloner with the stipulation that the additional 105 square feet of pari<Ing area landsca~+ing would be pro- vided in order to comply with the Code requirements. 5. That Waiver 1-d, above-ment(oned, is hereby granted on tho basis that tEie existing 6-foot wood fence is situated adJacent to an existing motel in the RS-A-43,000 Zone to the west and th3t sald fence was apparently constructed when the acartments to the south were built. ~ 6. That the petitioner stipulated that a screeni;ig wall would be provided to visually screen the cocktail bar from the diritng area; said walt~to be solid from the flour up to a height of si~s feet with the remaining ar top portion of said wall to be of an ornamantal or decorative nature. -1- RESOLU710N N0. PC75-1 ',,. •. . ~ 7. That the petitioner stipulated that landscapin~ uld be provided in the entire parkway adiacent to Lincoln Avenue. 8. That the proposed use, as granted, w~ll not adversely affect the a:djoining land uses and the growth and development of the area in which it is proposed to be located. 9. That the size and shape of the site proposed for tne use, as granted, is adequate to allow tne full development of the proposed use in a manner not detcimental to `the particular area nor to ~he peace, health, safety, and general welfare of the Citizens of Anaheim. ~ 10. That the Conditional Use Permit, as granted, and under the conditions imposed will not be detrimental to the peace, health, safety, and generai welfare of the Citizens of the City of Anaheim. ' 11. That no one indicated their presence at said public hearing in opposition, and no correspon~ence was received in opposition to subject petition. EN111RONMENTNL IMPACT REPORT FINDING: That the Director of D~velopment Services has determined that the proposed activity falls withi~ the definition of Section 3.~~, Class 1 of tihe City of Anaheim Guidelines to the Requirements for an Environmental Impact Report and is~ i~ierefore, categorically exertipt from the requirement to file an EIR. . NOW THEREF'ORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant in p~ rt subject Petition for Conditional Use Pernit, upon the following conditions which are hereby found *_o be a necessary 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: l. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60G per front foot along Lincoln Avenue for tree planting purposes. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim mar'ked Exhibit Nos. I and 2; provided, however, that a screen wall shall be provided to visualiy screen the proposed cocktail bar from the dining area, said wall to be solid from the floor up to a height of six feet (6~) with the remaining or top portion cf said wall to be of an ornamental or oecorative nature, as~stipulated to by the petitioner; further, that a tree screen shall be provided along the wes~erly and southerly boundaries of subject property adjacent to the res:dential zones, as stipulated to by the petitioner; that parking area landscaping shall be provided in accordance with the site development standards for the CL Zone, as stipulated To by the petitioner; and, further, that additional landscaping shall be provided in the parkway adjacent to the Lincol~ Avenue fronta~e of subject property to fully landscape said parkway, as stipulated to by the petitioner, 3. That Condition Nos. 1 and 2, above-mentioned, shall be complied with priar to the commencement of the activity authorized under this resolution, or prior to the time thai the building permit is ~ssued, ~r within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission or City Council may grant. THE FOREGOING RESOLUTION is signed and approved me t' t da- January, 1975. A , ANAH Y COMMISSION ATT ~ • ~ ~~AiLt~~ . SECRETARY ANAHEIM CITY PLANNING COMMISSIOIJ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANi,HEIM ) I, Patricia B. Scanlan, Secretary of the City Planning Commission of the ~ity o` Anaheim, do hereby certify that the foregoin9 resolution was passed and adopted at a meeting of zhe City Planning Commission of the City of Anaheim, held on January 6, 1975, at 2:00 o'clock p.m., by the following vote of the members thereof: AYES: COMMISSIONERS: P:OES: COMMISSIONERS: ABSENT: COMMlS540NER5: ABSTAIN: COMMISSIONERS: IN WITNESS WHEREOF, I h~ FARANO, GAUER, KING, MORLEY, TOLAR, HERBS'i NONE NON E JOHNSON /e hereunto set my hand this 6th day of January, 1975. ' , , ~~ / .~.e~t/ SECRETARY ANAHEIM C-Ti( PLANNING COMMISSION _2- RESOLUTIUN N0. PC75-~ `,~. ,. ~ ~ 7. That the petitioner stipulated that landscaping would be provided in the entire parkway adjacent to Lincoln Avenue. 8. That the proposed use, as granted, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 9. That the size and shape of the site proposed for the use, as grantecl, is adequate to allow the full development o` the proFosed use in a manner not detrimental to `the particular area nor to the peace, health, safety, and general welfare of the Citizens of Anaheim. 10. That the Conditional Use Permit, as granted, and under the conditions imposed o-~ill not be detrimental to the peace, health, safety, and general welfare of the Citizens of the City of Anaheim. 11. That no one indicated their presence at said public hearing in opposition, and no correspondence was received in oppositi~n to subject petition. . ENVIRONMENTAL IMPACT kEPORT FINDING: ' That the Director of Development Services has determined that the proposed activity falls ~aithin the definition of Section 3.01, Class 1 of the City of Anaheim Guidelines to the Requirements for an Environmental Impact Report and is~ therefore, categorically exempt from the requirement to file an EIR. . NOW, THEREFORE, BE IT RESCLVED that the Ananeim City Pianning Commission does hereby grant in part subject Petition for Condition~l Use Permit, upon the following condii:ions which are hereby found to be a necessary 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: l, That th~e owner(s) of subject property shall pay to the City of Anaheim the sum of 60C per front faot along Lincoln Avenue for tree planting purposes. 2. 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; provided, however, that a screen wa11 shall be provided to visually screen the proposed cocktail bar from the dining area, said wall to be solid from the floor up to a height of six feet (6') with the re~aining or top portion of said wall to be of an ornamental or decorative nature, as~stipulated t~ by the petitioner; further, that a tree screen shall be provided along the westerly and southerly bo~sndaries of subject property adjacent to the ~esidentiai zones, as stipulated to by the petitioner; that parking area landscap?ng shall be provided in accordance with the site development standards for the CL Zone, as stipulated to by the petitioner; and, further, that additional landscaping shall be provided in the parkway adjacent to the Lincoln Avenue frontage of subject property to fully landsc~pe said parkway, as s;ipulated to by the petitioner, 3, That i:ondition Nos. 1 and 2, above-mantioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to thz time that the building permi,t is issued, or within a period of one year from date hereof, whicheve~ occur~ first, or such further time as the Planning Commission or City Couhcil may grant. THE FOR~GUING RESOLUTION is signed and approved me t' t da January, 1975. ANAH Y COMMISSION ATT ~ ~ ~'~~~ SECRETARY ANANEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Patricia B. Scanlan, Secretary of the City Planning Commission of the City of Anaheim, do hereby cer•tify that the foregoing resolution was passed and adopted at a meeting of the City Planning Commission of the City of Anaheim, held on January 6, 1975> at 2:00 o'clock p.m., by the folloa~ing vote of the rt~mbers thereof: AYES; COMMISSIONERS: NOES; COMMiSSI0NER5: ABSENT: COMMi5510NERS: ABSTAIN: CONMISSIONERS: IN WITNESS WHEREOF, I ha FARANO, G4UER, KING, MORLEY, TOl.P.R, NERB5T ' NO~~E NONE ~ JOHNSON ' ~e hereunto set my hand this 6th day of January, 1975. . ~, c~: SECRETARY ANAHEIM CITY_~NG COMMISSION _Z_ RESOLUTION N0. PC75-1