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Resolution-PC 97-111~ ~ RESOLUTION NO. PC97-111 A RESOLUTION OF THE ANAHEIM CtTY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESVLUTION NO. PC96-72 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1731 WHEREAS, on July 18, 1977, the Plannfng Commfsslon adopted Resolutfon No. PC77-?57 to approve Conditiona! Use Pertnft No. 1731 and pertnit on-premises sale of beer and vyine in a restaurant at 408 South Brookhurst Street; and that on July 22, 1996, Commission addpted Resolutfon No. PC9G-72 to modify the conditional use pertnft and add 13 conditions, Including the fdlowing two condftions: '12. That the present bar area shall ba modffied in such a way as to conceal its oria9nal design and purpose. Flans showing such modification shatl be submitted to the Zoning Divfsion of the Planning DepartmeM for revieu~~ and approval by the Planning Commission as a 'Reports and Recommendations' item. 37. That subJect use permit, as amended, shall expire one (1) year from the date of issuance of the Alcoholic Beverage Corrtrd Iicense.' WHEREAS, thls property is developed with an approximately 6,500 sq.ft. restaurant (La Langosta) in the CL (Commerciai, Limfted) zone; arxi that a Type 41 Iicer~se was tssued to this restaurant by the State of Califomia Department of Alcohdic Beverage CoMrd (A.B.C.) on September 26, 1996. WHEREAS, the petitioner has submitted a ietter requesting that Condition No.17 be deteted; arrJ that Commfssfon approve the use of plant materials to screen the bar area, as required in Condftion No. 12. WHEREAS, the Ctty Planning Commission did hdd a public hearing at the Civic Center in the Ciry of Anahefm on August 4, 1997, at 1:30 p.m., notice of sald public hearing having been duly g(ven as requ(red by law and in accordance with the provfsfons of the Anahefm Municipal Code, Chapter 18.03, to hear and constder evidence for and against said proposed amendment and to investigate and make tind(ngs and recommendations fn connection therewRh; and WHEREAS, said Commission, after due inspectlon, investigatbn and study mad9 by ftself and in its behalf, and after due cons(deration of all evidence and reports offered at safd hearing, does find and determine the fdlowing facts: 1. That subject conditional use permit, as amended,is being exercised in a manner not detrimental to the particular area and surrounding land usas, nor to the public peace, health, safery and general welfare; 2. That amendment to this use permft is necessary to permR reasonable operation under the permit as granted; 3. That one person spoke in tavor, wanted operatton aF'the restaurant to remain the same at said publ{c hearing; and that one letter was receivod in oppasttbn to the subJect petftbn. CR3004PLWP -1- P~~'> > > ~ ~ ,~,AUFORNIA ENVIRONMENTAL QUAU'iY ACT FINDING: That the Anaheim City Ptanning Commission has reviewed the proposa~ and does hereby flnd that the Negative Declaration previously approved in connection with Corxi~fonal Use Permft No. 1731 is adequate to serve as the required environmental documentation in connection with thts request upon ftnding that the deciarar~ ved Ne atNe independent judgement of the lead agency and that R has consfdered the prevfously app 9 Declaration together with any commeMS recehred during the public review process and further flnding on the basis of the (nitial study and any comments received that there is no substantial evidence that the proJect will have a stgniflcani effect on the ernironment. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commissfon No. PhC96-72 and pP~~ion ~~^~ °~ ~h CO~~~°~~ ~~ Perm No. 1~731 tor ead as iolfows~ion •5, That within a period of s~ctY ~60) days from the date of this resolution, a Lot Une AdjustmeM Pist to combine the two (2) existtng lots shall be subrnitted to the Subdivisi on Section for approval by the Cth~ Engineer and recordation in the Office of the Orange County Recorder. g, That wfthin a period of sfxtY (60) days f~om the date of this resolution, a parking plan shall be submitted to the Traffi~ and Transportation Manager for review and aaproval. 17. That sub~ect use permft shall expire two (2) years from the date of this resolution, on August 4, 1999." BE IT FURTHER RESOLVED that the modiflcattons to the bar area., including screening by plants and wood panels, and eccess to the bar being blocked by the placement of a reftigerator across the opening to the bar area ts also appro~ed~ in satisFaction of CondRion No. 12. THE FOREGOIt~G RESOLUTION was adopted at the Planning Commission meeting of August 4, 1997. '~' J/i~ --t-~J ~irI~GC/~~ CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATfEST: SECRETARY, AHEIM CITY PLANNING COMt~RISSION .2_ PC97-111 ~ ~ STATE OF CAiJFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIIN ) I, Margarita Sdorio, Secretary of the Anahefm City Planning Commission, do hereby certity Commissioneheld on Au9 st 4~799 bYthe fdlowin9 vate ofthe msmbers thereof: heim Ciry Planning AYES: COMMISSIONERS: B~STIMCK, BOYDSTUN, BRISTOL, HENNINGER, MAYER, NAPOLES, PERA7J; NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WFfEREOF, i have hereunto set my hand thfs $ day of _(,~U~~ 1997. 1 , ~~fT~.~~ u.6 SECRETARY, AHEIM CITY PIANNING COMMISSION ~3- PC97-111