PC 82-84RESOLUTION N0. PC82-84
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
TIi4T PETITION FOR CONDITIONAL USE PERMiT N0. 232/ BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Comnission did receive a verified
Petition for Conditional Use Permit No. 2327 from G. JACK AND YOLANDA ZANCHI,
t3941 Sarderstead Road, Santa Ana, California 92705. owner, and MOHAMMED F.
THARA, 5372 Athens Circle, La Palma, California 90623, agent, of certain real
property situated in the City of Anaheim, County of Orange, State of California,
described as:
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, DESCRIBED AS FOLLOWS: THE WEST 266 FEET OF THE
NORTN ONE-HALF OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 14, IN TOWNSHIP 4 SOUTH, RANGE 11
WEST, IN THE RANCHO LOS COYOTES, AS SHOWt~ ON A MAP THEREOF RECORDED
IN BOOK 51, PAGE 11, MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing in the Civic
Center in the City of Anaheim on May 3, 1982, at 1:30 p.m., notice of said public
hearing having been duly given as requi~ed 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 praposed conditional use permit and to investigate and
make findings and recommendations in connection ttiere~aith; 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 is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.44.050.010 to wit:
to permis: on-saie bezr and wi~e in an existing restaurant with waiver ~f:
(a) SE~TION 18.06.060.0231 - Minimum number of ~arking spaces
(724 spaces require:l; 72 spaces existing)
(b) SECTION 18.05•093.021 - Maximum number of freestandin si ns
(] si n permitted; 2 si ns proposed
(c) SECTION 18.05•093•0231 - Minimum distance between freestandin si ns
(300 feet required; 1 0 feet proposed
2. That the requested waiver (a) is hereby granted on the basis that the
existin,y parking is una~r-utilized.
3• That the requested waivers (b) and (c) are hereby denied on the basis
that no hardship was demonstrated including size, shape, topoyraphy, location or
surroundings.
4. 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 b~ located.
Pcs2-a4
5. That the size and shape of the site proposed for the use, as granted,
is adequate to allow the fuli development of the proposed use in a manner not
detrimental to the ~articular area nor to the peace, health, safety, and general
welfare of the Citizens of the City of Anaheim.
6. That the granting of the c~nditional use permit under the conditions
imposed wi11 not be detrimental to the peace, health, safety, and general welfare
of the Citizens of the City of Anaheim.
7. That the traffic generated by the proposed use, as granted, will not
impose an undue burden upon the streets and highways designed and improved to carry
the traffic in the area.
8• That no one indicated their pres:nce at said public hearing in
opposition; and that no correspondence was received in oppostion to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: The Planning Di~ector or his authorized
representative has determined that the proposed project falls within the definition
of Categorical Exemptions, Class 1, as defined in the State EIR Guidelines and is,
therefore, categorically excrnpt from the requirernent to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commissior,
does hereby grant, in part, subject Petition for Ccnditional Use Permit, upon the
following conditiens 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
wel`are of the Citizens of the City of Anaheim:
1• That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. t thr•ough 4; provided, however, that only one (1) free-
standing sign is permitted, as specified by the Zoning Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and deLermine that adoption of this Resoiution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of competent jurisdiction, then this P.esolution
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOlUTION is signed and approved by me this 3rd day of
MaY, 1982.
~~ 2 - ~~~-
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSICN
ATTEST:
~~2t~'~ .~ ~~:~
SECREiARY, ANAHEIM CITY PLANNING COMMISSION
"2" Pc82-84
~W. r~ { . . . . . . . . . _ .. ..
/'^~ ~\
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Edith L. Harris, 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 May 3, 1982, by the fallowing vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, MCBURNEY
NOES: COMMISSIONERS: fVONE
ABSENT: COMMISSIONERS: NONE
7g8z.
IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of P1ay,
~~.-~- ~ ~~,v~
SECRETARY, ANAHEIM CITY PLANNING COMMISS!GiV
-3- PC82-84
;:; :_ .