PC 82-176,:r~~ ~,.
RESOLUTION NO. PC82-176
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2365 BE GRl~NTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from RAYMOND G. SPEHAR, ET AL., 6937
Avenida de Santiago, Anaheim, California 92807, owner of certain real property
situated in the City of Anaheim, County of Oranae, State of Califcrnia,
described as:
PARCEL 1, IN THE CI:Y OF ANAHEIM, COU'rITY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP i2ECORDED
IN BOQK 75, PAG~ 23 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID 022ANGE COUNTY.
WHEREAS, the City Planning Commission did h~ld a public hearing at
the City Hall in the City of Anaheim on September 8, 1982 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 1R.03,
to hear and consider evidence for and against said proposed conditional use
perau.t and to investiqate and make findings and recommendations in connectiun
therewith; said public hearing having been continued to the Planning
Commission meeting of September 20, 19II2; and
WHEREAS, said Commission, 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 find and determine the
following facts:
1. That the proposed use i.s properly one for which a condi+_ional
use permit is authorized by Anaheim Municipal Code Sections 18.44.050.020 and
18.44.050.300 to wit: To permit on-sale alcoholic Severages in a
semi-enclosed restaurant.
z. That the proposed use will not adversely affect the adjoining
land uses and the growth and development of the area in which it is proposed
to be located.
3• That the size 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 Citi~ens of t:ze City of Anaheim.
4• That the granting of the Conditional Use Permit under the
conditions imposed, if any, will not be detrimental to the peace, h•~alth,
safety and general welfare of the Citizens of the City of Anaheim.
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.
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6• That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received i~i opposition to the
subject petition.
ENVIRONMENTAL IhLDACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit on-sale alcoholic beverages in
a semi-enclosed restaurant on an irregularly-shaped parcel ei land consisting
of' approximately 273 feet on the south side of La Palma A~•enue, and further
described as 5750 East La Palma Avenue; and does hereby approve the Negative
Declaration Prom the requirement, to prepare an~Anvironmental impact report on
the basis that there would be no significant individual ar cumulative adverse
environmental impact due to the approval of this Negative Declaration since
the Anaheim General Plan designates the subject property general commercial
land uses commensurates with the proposal; that no ~ensitive environmental
impacts are involved in the proposal; that the Initial Study submitted by the
petitioner indicates no significant individual or cumulative adverse
environmental impacts; and that the Negative Declaration substantiating the
foregoing findings is on file in t}ie City oi Anaheim Planning Department.
NOW, THEREFORE, g~ IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon
the following conditions which are hereby found to be a necessary prerequisite
to the proposed use of the subject property in arder to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
1. That street lzghting facilities alo;~,3 La Palma Avenue s'~all be installed
as required by tlie Office of Utilities General Manager, and in accordance
with specifications on file in the Office of the Office of Utilities
General Manayer anfi/or that security in the form of a bond, certi.ficate of
deposit, letter of credit or cash, in an amount and form satisfactory to
the City of Anaheim shall be posted with the City to guarantee the
satisfactory installation of the above-mentioned improvements. Said
security shall be posted with the City prior to approval of building
permits. The above-required improvements shall be installed grior to
occupancy.
2. That the owner(s) of subject property shall pay the traffic signal
assessment fee (Ordinance No. 3896), in an amount as determined by the
City Council, for coatmercial buildings prior to the issuance of a
building permit.
3. That fire hydrants shall be installed and charged as required and
determined to ne necessary by the Chief of the Fire Department prior to
co-r~tencement of st:•uctural framing.
4. That appropriate water assessr.~ent fees as determined by the Office of
Utilities General Manager shall be paid to the City of Anaheim prior to
the issuance of a building perm:t.
5. That the proposed restaurant shall comply with all signing requirements of
the Scenic Corridor Overlay Zone.
6. That a trash storage area shall be provided on-site per recommendation of
the Street Maintenance and Sanitation Department.
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7. That the owner(s) of subject property shall submit a letter requesting
termination of Conditional Use Permit No. 1557 to the Planning Department.
8. That subject property shall Se developed substantiaily in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 through 6. (Revision No. 1)
9. That Condition Nos. 1 and 7, above-mentioned, shall be complied with prior
to the commencement of the activity authorized under thi~ resolution, or
prior to the time that the buildinq permit is issued, or within a period
of one year frc+m date hereof, whichever occurs first, or such further time
as the Planning Commission may grant.
10. That Condition Nos. 5, 6 and 8, above-mentioned, shall be complied with
prior to final building and zoning inspections.
SE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Should any such conditions, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 20th day
of September, 1982.
C I ~ ANAHEIM CITY PL NG COMMISSION
ATTEST:
~~[.C-LGv ~( ` ~LY~Q~LL~.e/
SECRETARY, 21N11AEIM CITY PLl,NNING C02dFII55I0?d
STATE OF CAL7FORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANBHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Comatission, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Ana`ieim City Plannina Commission held on September
20, 1982, by the following vote of the members thereof:
AYES: COMMISSIONRRS: BOUAS~ BUSHORE~ FRY~ HERBST, KING, LA CLAiRE
MC HUFtNEY
NOES: COMMISSIONERS: NONE
AHSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of
September, 1982.
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SECR~TARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC82-176