Resolution-PC 93-93f~
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A RESOLU710N OF THE ANAHGIM CI'fY PI.ANNING C~7MMISSION
THAT PETITION FaR CONDITIONAL USE PERMI7 Nb. 3827 BE GRANTED
WHEREAS, the Anahelm Cfty Planning Comm(ssfon did roceive a verlfled Petklon for
Condltlonel Use Permk io~ certain real properry situated In the City of Anahelm, County of O~ange, StatO
of CaiHornls, deacribed as:
PARCEL THREE, IN TNE CITY OF ANAHEIM, COUNTY OF ORANGE, 3TATE OF
CALIFORNIA, AS 3WOWN AN A PARCEL MAP FILED IN BOOK 63, PAQE 5 OF
PARCEL MAPS, IN THE OFFICE OF TH~ COUNTY RECORDER OF SAID
COUNTY. EXCEP7ING ANY PORTIONS THENEOF INCLUDED WITHIN THE
LINES OF ANAHEIM NIILS ROAD AS SHOWN ON SAID PA~CEL MAP.
WHEREAS, the City Piannfng Cammission did hoid a publ(c hearin~ at the Civic Cpnter
In the Ciry of Anaheim on August 9, 1993 at 1:30 p.m., notlce af sald nublic hearlne having beere duly
glven as requfred by Iaw and In accordance wfth the provislons at the Anahelm Municipal Code, Chapter
18.03, to hear and consider evidence tor and ege(nst said proposed condftlonal use permit and to
lnvectigate and make flndings and recommendations In connection therewith; and
WkERFJ1S, said Commlasfon, after due inspection, Envestigation and study made by itaelf
and in ks behalt, and after due conslderation of all evidence and reports ~((ered at sald hearing, does find
and determinr the fotlowing fects:
1. That the proposed use is properly one for which a condftional use permit is authorized by
Anaheim Municlpal Code Sections 18.44.050.010 and 18.44.050.300 to pennk the on•premise sale arui
conaumption of beer and wlne in conjunction with a proposed delfcatessen with outdoor seating;
2. That the propoaed use Is property one ~or which a conditlonal use permit Ia authorized by
the Zoning Cade for Umited Commdrei~l zon(ng In tha Scenic Corridor Zone Overtey;
3. Tho subject locatlon wes previously occupled by a combination delicatessen/Ilquor etore
having outdoor seatfng and whfch had no documentetl Code violations;
4. That th~ petitioner stlpulated to Ilmiting the consumptlon of beer and wina to the Interior
of the res~aurant buflding only;
S. 1'hat the proposed use will not adversely alfect the adjoining land uses and the growth and
deveiopment of the erea In which It is propoaed to be located because the exletfrg parking excoeds the
number of apeces rec,ulred by Code for this use;
8. That the alze ~nd shape of the slte tor the proposed uae is adequate to allow the tull
development of the proposed use In a manner not detrimentai to tho parttcular area nor to the paace,
hoalth, satery, end generai weltare;
7. That tho treHic generated by the qroposod use will not Impose an ur~due burden on the j
gtr9ets and hlghways dASfgned end (mproved to carry the traNic in the area; !
8. That the yrantfng of the conditi~nal use permR under the conditfons imposed will not be i
detrimsntel to the peace, health, saiory and genera{ woltere of the cit~ons of the Ciry of Anaheim; arx9
CR1868MS.wp -t- PC93•83 ~
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9. That no one Indicated their presence at said public hearing In oppos"lon; and that nc
correspondence was raGefved in oppositfori to tho subJect petitian.
GALIF~R 'IA VIRONMENTAI. DUA~ACT FINDING: That the Anaheim ~ity Planning
Commisslon has revlawad the proposal to permk the on-premise sale and consumptlon of beer and wine
In conjunction wfth a proposed delicatessen wfth outdoor seating on an irregula~lyshapoat percei of land
consisting of apprnximately .98 acre, having a frant~go of apprQximately 183 faet on the east sldo of
Anaheim Hills RoAd, havfng a maximum depth of approximately 1 S~ feet, being located sapproxlmately 145
feet north of the centerline of Nohi Ranch Road and furthor described as 410 South Anaheim Wifls Road;
and does hereby approve the Negative Declaration upon finding that the declaratlon reilects the
indapendent judgement of tho lead agency and that k has consldered the Negative Declaratlon together
wfth am/ commonts recefved during the public rsvlew process and further findfng on the basis of the fn(tial
study and any comments recelved that there Is no substantlai evidence thet the proJect will have a
significant effect on the envfronment.
NOW, THEREFORE, BE IT RE50WED that the Anahe(m Ciry Planning Commisslon doos
hereby grant subject Petition 9or Condftlonal Use Permit, upon the follawing r,onditians whlch are hereby
found to be a necessary prerequisite to the proposed uso of tha subject property in order to prosenre the
sefety and gen~ral we~fare of the Citizen~ of the Ciry of Anehelm:
1. That the on-premfse consum~tion of beer and wine shall be Ifmfted to the interlor of the restaurant
buliding only.
2. Ti~at signs shall be posted fn the interi~r af the restaurant informing Gustomers that ths consumptlon
oF beer and wine Is Ifmfted to the fnterior oi the restaurant buliding only.
3. That sub~ect property shali be devetoped aubstantlally In accordance with plans and specffications
submitted to the Ciry oi Anahelm by the petftioner and which plans are on iile with tho Plenning
Department marked Exhiblt Nos. 1 thruugh 3.
4. That prior ta commencement of the ~cthrfty suthorized by this resolution or withtn a periad of one
(1) year irom the date of this resoluclon, whichever occurs i(rst, Conditlan Nos. 2 and 3,
above-menttoned, ahall be complled wfth. ~xtansfons for further time to completR said condftlons
may be fl~nted in accordance wfth Sectfon 18.03.090 of the Anahsfm Municlpal Code.
5. That approval of thls application constftutes approval of thA proposed request oMy to tha axtent that
It complles with the Anahoim Municipal Zoning Cale and any ather appllcable City, State and Federal
regulatlona. Approvai doea ~ot Include any aotfon ar tindings as to compHance or approval of the
request rogardin~ any other applicable ordinence, regulation or requfremeM.
BE IT FURTHER RESOLVED that the Anaheim City Plannin0 Commlaslon does hereby flnd
and determine that adoptlon of this Resolution fs expressly predlcated upon applicent's compllence wlth
each and all oi ths conditions herelnabove aet 1~Kh. Shou~d eny such condRlon, or any part theraof, bs
dociared Invalid or unenforceable by tho Bnat judgment ot any coun of competent jurisdictton, then this
Resolutfon, and any approvals here(n c4ntalned, shall be doemed null and void.
THE FORECiOINCi RESOLUTION was adapted at rhe Planning Commissfon meeting ot
August 9, 1993.
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CFlAIRMaN ANA M CITY P I COMMISSION
ATTEST:
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/ CRETARY, ANAH/ CITY PLANNINQ COMMI.~,SION
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STATE OF CALIFORNIA )
COUNTY OF qRANGE ) ss,
CITY OF ANAHEIM )
I, Edith L. Hanis, Sacretary af the Anahelm Clty Planning Commisslon, da hereby cortNy
that the foregoln~ rosoiutlon was paESed and adepted at a moeting of tho Anahefm Clry Planning
Commission held on August 9, 1993, by th~ following vote of the members thoreof:
AYES: COMMISSIONERS: BOYDSTUN, CALQWEIL, HENNINGER, MAYER, MESSE, PERAZA, TAIT
NOES: COh1MISSIONERS: NONE
ABSENI': COMMI8510NER8: NONE
IN WITNESS WHEREOF, I have hereunto set my hand thls G~'~ day ofi
~,~~~~~ 1993.
2 o.,va
~ RErARY, ANAHEI CITY PIANNINQ CUMMISSION
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-3- PC93•93
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