PC 81-147RESOLUTICH NQ. P~~1-147
A RESOLUTiON Cf THE A~lA.HEIM CITY PLAtJMINf, C0~1~41SSI~H
THAT PFTITIO'1 FOR COtIDITiJtlAL USE PERMIT N0. 722~ BE G^,A'1TED
WHEREAS, the Anaheim City Plannin9 Commission ~iici receive a verified
Petition for Conditional llse Permit from LUGARO cP~T[RPRISFS, Iti('., 51Q Plorth
Magnolia Avenue, Anaheim, Califor,iia 928~1, oti•m er of certain real property situated
in the City of Anaheim, County of Orange, State of California, described as:
THE WESTERLY 275.53 FEET OF TfIE NOP,iHWEST QUARTER OF THE SOUTHWEST
QUNRTER OF SECTIOPi 7, IM T01•lNSNIP i~ 30UTH, RAN~' 10 IdEST, S~1N
BERNARD I NO B,4SE AND MER I D IAiJ, I P! THE C ITY OF ANAHE I M, C(`U~lTY OF
OP,AIJGE, STAT[ OF CALlFORMIAr AS SHOIJN OM ~ MAP RECORDED IN f300K !49
PAGE 50, RECORDS OF SURVEYS, IFI TH[ OFFICE OF 711F COUP~TY RECOR9ER
OF SAID ORANGE COUNTY. EXCEPTING THEREFP,OM THE NORTIIEP,LY 1~5.0~
FEET. ALSO EXCEPTING TN~P,EFROFi THE SOUTFIERLY ~i!1C.00 FEET.
4Jf1EREAS, the City Planning Commission did hold a puhlic hearing at the Civic
Center in th= City of Anaheim on June 2~!, 19&l, at 1:3~ ~.m., notice of said public
hearing having been duly given as required hy la~a an~ in accordance with the
provisions of the Anaheim Municipal Code, Chapter 13.^3, to hear and consider
evidence for and against said propo~ed cenditional use permit ancl to investic~ate and
make findings :~nd recommendations in connection therewitii; and
41!IERFAS, said Commission, after clue inspection, investi9ation and study nade
by itself a~id in its hehalf, and after due consideration o` all evidence and reportis
offered at said hearing, does find and determine the folloa~ing facts:
1, l ha t the proposed use i s proper i y one r or ~~ii i cn a conu : i: i orin i use
permit is authorized by Anaheirn Municipal Code Section i3,!FtE,nrp,r.1Q to wit: to
permit on-sale alcoholic heverages in an existing restaurant in the CL (~ommercial,
Linited) Zone.
2. That the proposed use. will nat adversely affect *_he ad.joinirg land uses
and the growth and development of the area in :vhich it is proposed to be l~cated.
3. That the size and shape of the site proposed fcr the use is adequate to
allow the full develapmant of the proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety, and 9ener:;l ~-~elfare of the Citizens
of the City of Anaheim.
4. That the granting of the l;ond(tional Use ?ermit under the conditions
imposed, if any, will ~ot l,e detrimental to the peace, health, safety and neneral
welfare of the Citizens of the City of Anaheim.
PC31-i47
5, 'fhat the traffic generated by th~ pro~osed use r~ili not impose an undue
burden upon the streets and higln~,ays designed and improved to carry the traffic in
the area.
6. That no one indicated their pr~sence at said public hearing in
opposition; and that no corresponder,ce ~aas received in o~position to the subject
petition.
ENVIRONPI[~JTAL IMPACT FINDitlS: That the Anaheim City Planntng Commission has
reviewed the proposal to permit on-sale alcohoiic t~~veraqes in an existing restauranY
in the CL (Commerciai, Limited) Zone on a rectangularly-shaped parcel of land
consisting of approximately 3.3 acres, havin~7 a frontaqe of ap~roximately 73; feet on
the east side or Ftagnolia Avenue, and heing l~,cated appror,imately 145 feet south from
the centerline of Crescent Avenue {57_4 ;lorth Magn~lia Avenue); and does hereby
approve the Negative Declaration from the requirement to prepare an environmental
impact report on the basis that there r~ould be no significant individual or
cumu~ative adverse envtronmental impact due to the appr•oval af this "legati•oe
Declaration since the Anaheim Generai P)an designates the subject pre,.cr~y for
yeneral commercial ~and uses commensurate ~•~ith the oropo,al; that no sensitive
environmentai impacts are involved in tlie proposai; that thA Initial Study submitted
by the petitioner irdicates no significant individual or cumulative adverse
env;ronmental impacts; and that the Negative Deciaration substantiating the foregoing
findin9s is on file in thc City of Anaheim Pianning Department.
N041, THEREFORE, BE IT P,ESOLVED that the Anaheim City Planning Commission
does hereny grant subject Petition for Conditional lise Permit, uoon the folloo-~ing
conditions which are hereby found to be a necessary prerequisite to the proposed use
of the suhject property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
~• Th~~ `-~`-'J~== ~-"~i~~~ ~;. s1~a;; Le uuveiopeci sui~s~antial ly in accordance
with plans and specifications on file V/1tF1 the City of Anaheim marl<ed Exhibit PJos. 1
and 2.
2. Thiat the ot•mer(s) of su6ject property shall suhmit a ietter requesting
the termination of Conditional Use Permit No, 8~~' to L'ne Flanni~g Department.
3, That Condition tJo. 2, above-mentioned, sha)1 he complied wlth prior to
the commencement of the activity authorized under this resolutien, or prlor to the
tine that the building permit is issued, or within a period of one year from date
hereof, whichever occurs first, or such furtiier time as the Planning Commission may
grant.
BE IT FURTHER R[SOLVED that the Anaheim City Planning Commission does hereby
find and determine that the adoption of this Resolution is expressly predicated upon
~pplicant's compliance ti~ith each and ail of the conditions hereinabove set .'orth.
Shou)d any condition or any part thereof, he declared invalic+ or unenforceable by the
final jud9ment of any court of competent jurisdiction, then tliis Resolution, ar,d any
aPprovals herein cont~:ined, shall be deemed null and void,
'2' PC~1-1~F7
THE FOREGOIPIG RESOLUTIOt! is signed and approved by me this 2~th day of June,
19~1.
'~....~.~-~. C~: ~,~~~...1
CHAIF;~IAN Pi 0 TEMPOR[
A~dANE I M C I TY PLF,PR~ I NG COM!1 I SS I 01,
ATTEST:
- ~~4-''-l ~.t~
SECRETARY, ANAHEIM CI Y PLANMIFlf, L'OMHISSIOt:
STATE OF CALIFORNIA )
COUDlTY OF ORFlNGE ) ss.
CITY OF A~IAHEIM )
1, Ed1th L. Harris, Secretary of the Anaheim f,ity Planninq Commission, do
hereby certify that the foregoing resolution was passed ano adopted at a meeting of
the Anaheim Cit•~ Planning Commission held on June 2~, 19r1, at 1:3(? p,m., by the
following vote of the members thereof:
AYES: COMMISSIOMERS: BARNES, BOUAS, BUSHORE, HERBST, KI~!(;
NOES: COMMISSIONERS: NOtfE
ABSENT: C011MISSIOP,IERS: FRY, TOLAk
Iii wiTMt55 4JNER[UF, I have hereunto set my hand this 2Qth day of June, 19°1,
~1,~.~,~ -~`~ ~,,
SECRETARY, ANAHEIPI CITY PLFPRIIP~G C(1~?~11SSION
-3- PC31-147