PC 83-98RESOLUTION NO. PC83-98
A RESOLU'CIOC7 CF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDI7'IONAL OSE PE~4IT NO. 2442 BE GRANTED
WHEREAS, the Anahei~n City Planning Commission did ceceive a veri£ied
Petition for Conditiona.l Use Permit from ROBERT F. MILLS, 1600 West Lincoln
Avenue, Anaheim, Ca.lifornia 92801, owner, & MEHDI SIADATAN, 443 Promontory
Drive, West, Newport Beach, ~alifornia 92G50, agent of certain real property
situated in the City of Anaheim, County of Orange, State of California,
de~cribed as:
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QU~.RTER OE
THE NORTHEAST QUARmER OF T6E NORTHEAST QUARTER OF SECTION 8,
TOWNSHIP 4 SOUTH~ RANGE 10 WEST, IN THE RANCHO LOS COYOTES,
AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
D°SCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEASi QUARTER
OF THE NORTHEAST QUARrER OF THE NORTHEAST QUARTER OF SECTIOtd
8; THENCE NORTH 89° 46' 20" EAST ALONG THE NORTH LINE OF SAID
NORTHEAST QUARTER, 191.00 FEET; THENCE SOUTH 0° 18' 37" EAST
PARALLEL WITH THE WEST LINE OF SAID NORTH HALF~ 332.12 FEET
TO A POINT IN THE SOUTH LINE OF SAID NORTH HALF; THENCE SOUTH
89° 50' 03" WEST ALONG THE SOUTH LINE OF SAID NORTH HALF,
191.00 FEET TO THE SOUTc1WEST CORNER OF SAID NORTH HALF;
THENCE NORTH 0° 18' 37" WEST ALONG THE WEST LIN~ OF SAiD
NORTH HALF, 331.91 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on May 16, 1983, at 1:30 p.m., notice
o£ said pablic hearing ~a~ing been @uZy gi~~en as rAqaire~3 by law and in
accordance with the provisions uf the Anaheim tdunicipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed conditional use
permit and to investigate and make findings and recommendations in conr.ection
therewith; 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 ~etermine 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 and
18.44.050.300 to wit: to pecmit on-sale beer and wine in a proposed
semi-enclosed restaurant.
2. That the proposed use is hereby granted subject to the
petitioner's skipulation that the hours of operation wil.l be as follows:
Sunday throu~li Thursday - 11:30 a.m. to 3:00 p.m.
and 5:30 p.m. to 11:30 p.m.
Friday and Saturday - 11:30 a.m. to 3:00 p.m.
and 5:30 p.m, to 12:00 p.m.
#0636I PC83-98
3. That the proposed use is hereby granted subject to the condition
that a variance shall be applied for and granted prior to the issuance of
building permits if any of the minimum required number of parking spaces
consists of tandem parking spaces with/or without valet parking service.
4. That the proposed use will itot adversely affect the adjoining
land use~ and the growth and development of the area in which it ia proposed
to be located.
5. That the size and shape of the site proposed for the use is
adequ.ate to allow the full developn~~nt of the proposed use in a manner not
detrimental to the particular area nor ko th? peace, health, safety and
general welfare of the Citizens of the City of Anaheim.
6. That the granting of the Conditional Use Permit unde_ the
conditions imposed, if any, will not be detrimental to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim.
+. That the traffic generated by the proposed use will n~t impose
an undue burden upon the streets and highways designe~ and improved to carry
the traffic in the area.
8. That 10 gerson indicated their presence at slid public hearing
in opposition; and that no correspondence was received in opposition to the
subject petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit on-sale beer and wine in a
proposed semi-enclosed restaurant on a rectangularly-shaped parcel of land
consisting of approximately 1.1 acres located at the southeast cocner of La
Palma Avenue and Mohican Avenue, and further described as 1750 West La Palma
Avenue; and does hereby approve the Negative Declaration from the requirement
to prepare an environmental impact report on the basis that there would be no
significant individual or cumulative adverse environmental impact due to the
approval of this Negative Declacation since the Anaheim General Plan
designates the subject property for general commercial land uses commensurates
with the proposal; that no sensitive environmental impacts are involved in the
proposal; that the Initial Study submiL•ted by the petitioner indicates no
significant individual or cumulative adverse environmental impacts; and that
the Negative Declara~ion substantiating the foregoin9 findings is on file in
the City of Anaheim Planning Department.
NOW, THEREYORE, BE 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 order to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
1. That the owner of subject pruperty shall deed to the City of Anaheim
a strip of land 53 feet in widl•h from the centerline of the street
along La Palma Avenue and a 15 feet radius corner return at La Palma
Avenue and Mohican Avenue for street widening purposes.
2. That the owner of subject property shall nay to the Citp of Anaheim a
fee for street lighting along La Palma Avenue and Mohican Avenue in
an amount as determined by the Ci~y Council.
PC83-98
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3. That the owner of aubject property shall pay to the City of Anaheim a
fee for *.ree planting purposes ~long La Pa ma Avenue and Mohican
Avenue in ar. amount as determined by the C~ty Council.
4. That prior to the issuance of building permits, a variance shall be
applied for and granted if ar,y of the minimum required number of
parking spaces consists of tandem parking s~aces with/or without
valet parking service.
5. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 through 3.
6. Thar prior to the commencement of the activity authorized u~der this
tesolution, or prior to the time that a building permit is issued, or
within a period of one year f:om the date of this resolution,
whichever occurs first, Condition Nns. 1, 2, 3 and 4,
above-mentioned, shall be complied with. Extensions for further time
to complete said conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
7. Th~t prior to final building and zoning inspections, Concition No. 5,
above-mentioned, shall be complied with.
8. That the hours o£ operation shall be:
Sunda~ through Thursday - 11:30 a.m. to 3:00 p.m.
and 5:30 p.m. to 11:30 p.m.
Friday and Saturday - ~1:30 a.m. to 3:00 p.m.
and 5:30 p.m. to 12:00 p.m.
BE IT FURTFIER RESOL'uED that ti~a Anai,eim CiEy iianning Commission does
hereb}• find and determine that adoption of this Resolution is expressly
prE:dicated upon applicant's compliance with each and all of the conditions
her>inabove 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 herei~
contained, shall be deamed null and void.
THE FOREGOING RESOLUTION is signed and appro•red by me this 16th day
of May, 1983.
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CHAIRMAN RO TEMPORE
ANAHEI CITY P1.ANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM C1TY PLANNING COMMIS570N
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PC83-98
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STATE OF CALI~ORNIA )
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 oassed and
adopted at a meeting of the Anaheim City Planning Commission held on May 16,
1983, by the fo)lowin9 vote of the members t:,ereof:
AYES; COMMISSIONERS: BOUAS, HERBST, KING, MC BURNEY
NOES: COF1t9ISSI0NERS: NONE
ABSENT: COMMISSIONERS: BUSHORE, FRY, LA CLAIRE
IN WITtdESS WHEREOF, I have hereunto set my hand this 16th day of May,
1983.
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SECRETARX, ANAHEIM C1T~ pLANNING (:OMMISSION
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