PC 83-60RESOLUTION N0. PC83-60
A RESOLUTION GF 'fHE ANAHEIM CITY PLANNING COMMISSION
TH.1T PETITION FOR CONDITIONAL USE PERMIT N0. 2424 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Yermit from BEN & MARY LOU HATHAWAY, 1060 West
Katella Avenue, Anaheim, California 92802, owners, 6 CLARINDA L. WILLIAMSON,
1060 West Katella Avenue, Anaheim, California, agent of certain real property
situated in the City of Anaheim, CounCy of Orange, State of California,
described as:
THE FIEST 190 PE~T OF THE NORTH 210 rFET OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 27, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO
3AN NAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN
BOOK 51, PAGE 10 OF MISCELLA.NEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on March 21, 1983, 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 18.03,
to hear and consider evidence for and against satd proposed conditional use
permi[ and to investigate and make findings and recommendations in connection
therewith; and
study made~by~A;tselfi and~in $itsnbehalf, andeaf[eredue~ c~onsiderationiof all
evidence and reports offered at said hearing, does find and determine the
following facts:
use permit isha uti urizedp~byd Anaheim Muni ipal~nCode r Sec~tion a 18~.06i080R~&
1$.48.050.200 to wit: to permit wali~ up window in an existing restaurant with
waiver of:
SECTIONS 18.06.050,0233 - Minimum number of parking spaces
AND 18.48.066.U50 (79 spaces required; 35 spaces existing)
Z• That the requested watver of code requirement is hereby granted
on the basis that the proposed walk-up window in an existing restaurant will
not cause an increase in the need for parking spaces since no additional seats
are planned; and that the parking variance will not cause an increase in
traffic congestion in the immediate vicinity nor adversely affect any
ad~oining land uses; and that the granting of the parking variance under the
conditions imposed, if any, will not be detrimental to the peace, health,
safety or general welfare of the citizens of the City of Anaheim.
3. That the proposed use will not adversely affect the ad~oining
land uses and the growth and development of the area in lJI1~CI1 it is proposed
to be located.
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PC83-60
4. That the size and shape of the site proposed for the uae 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 Citizens of the City of Anaheim.
i;; S. That the grantinb oE the Conditional Use Permit under the
conditions imposed, if. any, will not be detrimental to the peace, health,
safety and general welfare of the Cit{zens of the City of Analieim.
6. That the traEfic generated by the proposed use will not impose
t~ an undue burden upon the streets and highways desi~ned and improved to carry
;~ the traffic in the area.
:s
~ ~. That no one indicated their presence aY. said public hearing jn
opposition; and that no correspondence was received in opposition to the
J subject petition.
~
~ ENVIRONMENTAL II~ACT FINDING: That the Planning Direr_tor 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 exempt from the
requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant sub3ect Petition for Conditional Use Permit, upon
the following cunditions 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:
1. That sub~ect property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit No. 1.
2. That the owner of subject property shall submit a letter requesting
termination of Variance Nos. 3225 and 748 to the Planning Department
prior to commencement of the activity herein approved or issuance of
a building pe*mit, whichever occurs first.
3. That prior to final building and zoning inspections, Condition No. 1
above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission dces
hereby find and de[ermine 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 ~urisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
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~ ~
THE FOREGOING RESOLUTION is signed and approved by me this 21st day
of. March, 1983.
~ ~ AHEIM CIT ANNING COMMISSION
ATTEST:
`~~~ ~° ~ ~
SECRETARY, ANAHEIM CITY PL NING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss,
CITY OF ANAHEIM )
I, 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 March 21,
1983, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, LA CLAIRE
MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMZSSIONERS: NONE
IN WITNESS WHEREOF, Z have hereunto set my hand this 2l.st day of
March, 1983.
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SECRFTARY, ANAHGIM CITY PLANNING COMMISSION
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PC$3-60
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