PC 80-216RF.SOLUTI6N N0. PC80-216
A RESOLUTlOF! OF THE P.~lAHEIM CITY PLANNI~IG COIIHISSION
THAT PETITION FQR CONDITIOPlAL USE PERI~IT N0. 7.14~ BE GRAt~TED
WHEREAS, the Anahe(m City Planning Canmisslon did recetve a verified
Petition for Conditional Use Permit from IVY K. O~IG, ET AL, 2120 Main Street, l~260~
Hunrington Beach, Californla, 92043, owners, and GARY ft. BYSTEDT, 1592 West
Orangewood Avenue~ Anaheim, California 92302, agent, of certain reai property
sttuated in the City of Anaheim, County of Orange. State of California, described as:
That portion of the Northwest quarter of the Northr~est quarter of
the North:aest quarter of Section 24, Township ~~ South, Ranqe 10
West~ in the Rancho San Juan Cajon de Santa Ana~ as sha,un on a Map
recorded in Book 51, page 1~J of Misceilaneous Maps, records of
O~ange County~ Caiifornta, described as follovrs: Parcel 1, as
shown on a MaQ record~d in Book i17, Pages 19 and °_0 oF Farcei
Maps~ in the office of the County Recorder of said Orange County.
WNEREAS~ the City Planning Cammission did hold a public hearing at the Civic
Center ~n the City of Anaheim on December t~ 1980, at 1:3~ p.m.~ notice of said
public hearing having been duly given as required by laY~ and in accordance with the
provisians of the Anaheim N~nicipal Code, Chapter 1R,n3~ to hear and consider
evidence for and against said proposed conditional use permit and to investigate and
make ftndings and recommendations in connectlon thereorith; and
NNERERS~ safci Commisslon, after due inspectton, investigation and study made
by itself and in its behalf, and after due consideration of all evtdence and reports
offered at said hearing~ does find and determine [he follaoinn facts:
1. That the proposed use is properly one for o-~hich a conditional use
permit 1s authorized by Anaheim Municipal Code Sectton 1P.li1~,050.~;0 to wit: to
permit on-sale beer and wine tn a proposed restaurant a~ith araiver of:
SECTION 13.06.060.0231 - Minimum number of parkin spaces.
559 spaces required;
5_ ~-~ existino)
2. That the requested waiver is hereby granted on the basis that it is
minimal amounting to a deviance of less than 2$ from the parking requirement for the
surrounding shopping center and that petitioner has submitted a reciprocal parking
and access agrer.ment guaranteeing mutua) access to all drive~~ays and parkina spaces
tn the 7.g acre commercial complex,
3. ihat the proposed use ~oill not adversely affect the a~iiofning land uses
and the growtl. and development of the area in whiGh it is proposed to be located.
4. That the stze and shape of the site proposed for the use is adequate to
allow the full 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 CTtizens
of the Lity of Anaheim,
Pc8o-z~6
V.S~•~ 1 ... .
5. That the granting of the Conditional Usc Pernit under the conditions
imposed, tf any~ will not he detrimental to the peace, health, safety and general
welfare of the Citizens of the City of Anaheim.
6. That the traffic generated by the proposed use a~ill not Tmpose an undue
burden upon the streets and higho-reys designed and inproved t~ carrv the traffic in
the area.
7. That no one indtcated thelr presence at said public hearing in
opposition; and that no correspondence r+as received in oop~sltlon to the subJect
petition.
ENVIRONNENTAL IHP/1CT FINDING: Thac the Anaheim City Planning Connission has
revTewed the proposal to perm t on-sale heer and wine in a proonsed restaurant with
waive~ of minimun number of parking spaces on a rectangutarly-shaned parcel of land
consTsting of appraximately 1.4 acres having a frontage of anPr~ximately 321 feet on
the east side of State College Boulevard, having a naximur. depth of approximately 185
feet and being located approximately 200 feet south of the c~nterline of Ball Road;
and does hereby approve the Ne9ative Declaration from the requiremen[ to p~epare an
envirornnental impact report on the basis that there ~x~uld he no sianificant
individual or cunulative adverse environmental imoact due to the apvroval of this
Negative Declaration since the Anaheim f,eneral Plan desinnat~s the subject oroperty
for general cartimercial land uses cc~r,mensurate aritti [he preposal; that no sensitive
envirenmental impacts are involved in the proposal; that the Initlal Studv submitted
by the petitioner Indica[es no siqntfFcant tndiv-dual or cur.+ulatlve adve~se
enviroronental impacts; and that the Negative Dc..laration substantiatlno the foregoing
findtngs ts on file in the City of llnahrim Pianning Depart~nen[.
N04/, THEREFORE. BE 17 RESOLVED that thc Anaheim City PlannTng Comnission
does hereby grant subject Petitlon for Conditioril Use Permlt~ upon the followtnq
conditions wf~ich are f~ereby Tound to be a n~cessary Grec'F4~is`sLE ta t~~ GreGcse~ us~
of the subject property in order ro preserve the saf~ty and .general welfare of the
Cltizens of the ~ity of Anaheim:
1. That tha avner(s) of subject property shall submit a letter requesting
the termination of Conditional Use Permit No. 1272 to the Planning Department.
2. That subject property shall be developed substanttally fr accordance
wlth plans and spectficattons on file ~•rith the Ci*.y of Anaheir~ marked Exhibit Nos. 1
through 3.
BE IT FURTHER RESOLVED that the Anaheim City Planning Cc+mmisston does hereby
find and determine that ~doption of thls Resolution is ex~ressly predicated upon
applicant's compllance with each and all of the conditions hereinabovP set forth.
Should any ,uch condition, or any part Lhereof~ be declared invaltd or unenforceable
by the final Judgment of any court of competent Jurtsdiction~ then this Resolution~
and any app~ovals he~ein contalned~ shall be dPemed null and void,
THE FOREGOING RESOLUTIO"1 is signed and approv~d by me this lst day of
December, 19£3Q. '~
Y. ~~
ATTEST: „ _ H R N~ ~I HE L c; ONHISS ON
-2-
PC8M21
,
<<;
STATE OF CALIFORNIA )
COUNTY OF ORA~IGE ) ss.
C ITY OF ANAHE IF! )
~. Edith L. Narris~ Secretary of the Anaheim C(cy Planning Cormiisston, do
hereby certtfy that the fore~oing resolution was passed and adopted at a meeting of
the Anaheim City Planning Comnission h~ld on December 1, t~IIr~, by the fo~)~~~q ~ote
of the members thereof: -
AYES: COMMISSIONERS: BARrtES, BOUAS, BUSHORE, F~Y, KINr,~ Tn~qq
NOES: CONMISSIONERS: NOqE
ABSENT: COMMISSIONERS: HERSST
~~~ NITNE55 WHEREOF, I have hercunto set m~i hand this ist day of December,
1980.
,Q, ,~ ~ ' ,
~CPOC rw ~~rt~
~~~~•~~„Rr~ HfiAtTtl-1 GITY PLANlJIN,r, CbMKf551Qq
!
t
~
i
7
+
-3- PCB~-21F