Resolution-PC 92-51RES(ai~UT10N NQ. PC92-Sl
A RESOLUTION OF TH~ ANAHEIM CITY YLAIVNiNG COMMISSION
T~-IAT PETIT[ON Fc~R CONDITIONAT.. USE PI?RMIT NO. 3514 BE GRANTED
WHEREAS, the Anaheim City Plannin~ Commission did receive a verified
Petition for Conditian~l Usc Pcrmit for certain real pr~perry situated in the City of
Anaheim, Counry of Orunge, Srate of C:alifornia~ dcscribed ;is:
PARCEL 2, A5 S-~OWN flN A M~P FILED IN BOOK 84, PAGE5
5 TO 8 INCLUSIVG OF PARCEL I~1APS, TN Tf~IE OrFICF. OF TT-iE
COUNTY RECORDER OF ORANGE COUNTX, c'ALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the
Civic Center iu the Ciry of Anaheim un April 20, 1992, a! 1:30 p.m., notice of said publir
hearing having been ~uly given as reyuireci by law and in accordance with the provisions of
tl~e Anaheim Municipal Code, Chaprer 18.03, to hear and consider evidence f~r ansl against
said proposed conditional use permit and to invcstigate and make findings nnd
recommendations in connertion therewith; and
WHEItEAS. said Commission, after due iaspectiun, investigation and study
made by its~lf and in its behalf, and after due consideration of all evid~nce and reports
affcred at said hcaring, does find and determine thc fallowing facts:
1. 'fhas the propused use is propcrly one for wl~ich ~ conditional use
permit is autharized by Anaheim Municipal Code Section 18.44.QSU.OIU to pcrmit on-sulc
alcohnl in a propoced 5,760 sG.ft. encloscd restaurant to be locatcd in a previously approved
30-unit cummercial retail center (wl~icl~ includes one ex:sting 8,100 sy.ft. freestanding
restaurant having an•salc ~lc~holic beveragcs);
2. That thc proposed use is properly onc for whi~h a conditional use
permit is authorized by the Zoning CoJe;
3. 'fhat the proposcd usc will not advcrscly affcct thc adjoining laa~~ uics
anJ the gr~wth and devcloprnent of the arca in which it is praposeJ to be locat~d bcc~l~se
thc petitioner described the proposed restaurant a.~ a family-oriented restuurant whi~h would
be cortipatiblt with the ~djacent a~mmerciu! land uses and bccause subject unit was
designated as a food use in thc prcviously-~pprrned zoning pctitions which cs:ablished ;he
rctail center;
4. '~'hat thc si~.~ :tnd shapc of the sitc for thr proposcd usc is adcyuatc to
~Ilow thc ful! devclc~pment of thc propcr.~ed usc in a manner not detrimcntal to the
particular area nor to the pcact, hcallh, s~fety, nnd gencral wclfarc;
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5. Tiiat the truffic generated by the proposed use will not imposc an
und~.-e burden upon the streets and highwlys designed un~ imprc~ved to carry the traf~c in
the urea because thc proposal (an enclosed restaurant) reduccs thc amount of Cotle
required parking (which was originally based on a fast fuod restaurant);
6. That the granting of the conditional use permit under the conditions
imposecl~ if any, a~Il not be dc:trimental to the peacc, health, safer; nnd gcneral welfa~e of
the citiz~ens of the City of Anaheim; anJ
7. That no one indicated their presence at ~aid public hearing in
oppo~ition; and that no correspo::dence was received in opposition to the subject petition.
S i.~iFORN~A ENVIRQN~iF~O U A IT~ AC"~FI_N t: ThAt the
Anaheim City Planning Commission has r~viewcd the proposal to permit on•sale alcohol
in a proposed 5,760 sq.ft. enclosed restaurant to bc located in a pseviously approved 3G•init
commerciai retail center (which includes nne previously-approvecl 8,100 sq.ft. freestandi.ig
restaurans with on-sale alcoholic beverages) oi~ an irregwlrly-shaped p~rc~l of land
co~isting ~f approximately 4.4 acres l~cated north and wcst of the s~orthwest corner uf La
Palma Avenue and Imperiai flighway, havine approximate frontages of 60 feet on the north
sidc of I..a ~'almz Avemie and 7Q8 fect on thc ~vest side of lmpcrial Highwav, and further
described as 1521 Noril~ Imperial Highway; and does hereby approve the Ncg~tive
Declaration upon ~inding that the de¢larati~n reflc~ts the inacpendent jt~dgcmer.t of thc leac:
ag~:ncy and that it has considered the Negative Ueclaratinn together with any comments
re~eived during the public review process ~nd f~rther finding on the basis of the initial study
and an~ comments received that there is no substantial evidence that the project will have
a significant cffect cm the cnvironment.
NOV1', 'I~1EkEFORE, BE I'1' RESOLVED that the Anahcim City Ylan.~aing
Commission docs hereby g~ant subject Pe.tition for Condition~l Usc Permit, upon the
following conditions whieh are hereby fcwnd to be a neees.cary prcrequisite to the praposed
use of the subjert praperry in order to prescrve the safety Und gcn::ral welfare of the
Citizcns of thc ~City of Maheim:
1. That a Plar~ Sheet for solid wastc etorage and collcction and ., plan for recyclirg shaU
bc submitted to the Dcpartment nf Maintenance for revicw and approv:~l.
2. That food service consisting of ful!-service rtieais shali be availat~le ~ntil closing time
cach day of aper.-tion.
3. 'il~at any entert~inmcnt shall not be ~udible bey~nd the area undcr the conxrol of the
pctitioncr/liccn~~e.
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4. Th;~t alcoi~olic beverage license obtained in connection with subject use permic shall
not be exchangcd fnr u public premises type license nor shall subject proposal be
operated as a puhlic prc+~~~.,~:~
5. That thc saie af bcer a~. '!or ~~~e for consumption of£ the premises is prohibited.
G. That the quurterly gr• ~. ~ s•a.'^; of al~oholic bcverages shall not exceed the gross sales
of fo~~d or other com-nc~!ities durin~ the same time period.
7, That whenever entertainment anci/or dancing ure >>rovidcd on th~ ~rcmises, the
petitioner shall provide a securiry guard in the purking I~t and shall maintain order
therein and prevsnt any activity which would interferc w~~th the quiet enjoyment of
their property hy nearby residcnts.
8. That there shall be no exterior advertising of any kind or rype, including advertising
dir~cted to the exterior from inside the build~ng, promoting or i~ndieating the
availability oE alcoholic beverages.
9. 'I'hat no alcoholic beveragea shal! be consumed on any properry adj~icent to the
licensed premises under the control of the petitioner/licensee.
10. That the parking lot utilized by subject proposal shall be equipped with lighting
having suf~cient p~wer to illuminate and makc ~asily discernible the appcarance and
cond~ct of ull persons on or ab~~ut suid parking lot..
11. 'I'hat thcre shall bc no pool ta5les ar coin-operdted games maintained upon the
premi,es at any time.
12. That subject property shall be d~elopcd sv~bsta-ttially in accordance with plans and
specifications ~ubmitted to the City of Anaheim ~y the petitioner and which pians are
~n Clc witii the Planr,ing llcpartrncnt markccl 1Fxliibit Nos. 1 thrc~ugh 5.
13. Thai prior to issuance of a buildin~ permit or within a pcrind uf one (1) year from
tht date of this regolution, whichever occurs fitst. Condition IYo. 1, above-rnentioned,
sholl be complied with. Extensions fc~r turther time to complete said conditions may
be granted in accordance with Section 18.a3.090 of the Anahei~ Municipal Cu.~1~.
14. That prior to Cnal building and zoning 'snspections, Canditic~n Nos. 10 ~nd 12,
nbove-mentioned, shull bc rnmplied with.
t5. Thut upproval of this application constitutcs approval of tlie prc,poseJ request only
to thc extent that it complics with thc Anahcim Mur~icipal 7..oning Code ~nd any
c~ther applicahle Ciry, Statc and Fedcral regulations. Appr~val clocs nnt include arry
.3_ Pr'92-5 l
action or findings as to compliance nr anproval oF the request regarding any other
appliczble ordinunce, reguiation or reqt~irement.
BE IT FUR'I'HER RESOLVEL~ thlt thc Anaheim City Planning Comm:ssion
does hereby ~nd and determine that adoption of 4his Resolution is expressly predicated
upon upplicant's compliance witlz each and all of the conditians hereinabov~ sst furth.
Shoi~ld any such conditi~n, or any ~art thereof, be d~clared invalid or unenforceable by the
final judgment of uny court of competent jurisdiu~tion, then this Resolution, and any
approvals herein contained, shall be deemed null And vpid.
THE FC~REGOING RESOLU'I'ION was adopted at the Planning Gommission
meeting of April 2q, 199i.
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HA MAN ANANEIM 1 Y PI~ G COMMISSIUN
C ,
A'I'TES1':
~ ~ ,~ , ~j~~ka:~
SECRET Y~ AHE:fM CITY PI..ANNINC COMMISSI~N
rJ
STA1fC OH CAI..IFORNIA )
COUNTY Ol~ ORA.NGE ) ss.
CITY OF ANAH~IM ,l
I,'.v[argaritu Solorio, Secretary of the .Anaheim City P{anning Commission, do
hereby certify thut the furegoing resnlution wf-s passed ~nd udopted at a meeting of the
An~l~eim Ciry Flanning Commission held on April 20. 1992, by the following vatc of the
members thereof:
AYES: LOMMISSIONERS: BOUAS, BRIS'I'~JL, HCLLYER, HENNINGER, MESSC,
PEItAZA. ZEMEL
NUES: COMPdISSIONERS: NONE
AE3SCNT: C:OMMISSIONERS: IVONE
1N WCENfsSS WHFRE~F, [ havc hercunto set my hnnd this ~ day of
'' ~ , 1992.
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SECRFICA~~, ANAHE[M C[TY P[.ANN[NG COMNISSION
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