Resolution-PC 98-137RGSOLUTlON NO PC98-137
A RESOLUTION OF THE ANAHEIM CIN PLANNING COMMISSION
REINSTATING AND APPROVING ~ONDiTIONAL USE PERMIT NO. 3935
WHEREAS, on July 21, 1997 The Planning Commission adopted Resolution No. 97-92
approving Conditional Use Permit No. 3935 to permit a 2,876 sq.ff. restaurant and 5,760 sq.ft. banquet
facility with sales of alcoholic beverages for on-premises consumption and with waiver of minimum
number of parking spaces (132 required, 104 oermitted) on a rectangularly-shaped 1.5-acre property
having a frontage of 280 feet on the west side of Magnolia Avenue, a maximum depth of 250 feet and
being located 280 feet north of the centerline of La Palma Avenue (1125 North Magnolia Avenue -
Magnolia Plaza Office Building); and that said resolution included a number of conditions, inciuding
Condition No. 23 which limited this use permit to a period of one (1) year; and
WHEREAS, this property is developed with a 28,640 sq.ft. commercial office buliding with
an 1,886 sq.ft. auxiliary storage building; that the property is zoned CL (Commercial, Limited); thaf the
Anaheim General Plan Land Use Eiement designates this property for General Commercial land us~s;
and that this property is also located in the West Anaheim Commerciai Corridors Redevelopment Project
Area; and
WHEREAS, the petitioner has requested, pursuant to Code Section 98.03.093.040 of the
Anaheim Municipal Code, that this use permit be reinstated and that Condition No. 23 be amended to
permit the ~se until July 22, 1999; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 31, 1998, 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 said proposed amendment and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itselr
and in its behalf, and after due c~nsideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the use is properly one for which a conditional use permit is authorized by Anaheim
tvlunicipal Code Section 18.44.050. 010 which permits sales of alcoholic beverages for on-premises
consumption in a restaurant with a banquet facility and with waiver of minimum number of parking spaces.
2. That this is the first request for an extension of time for this Conditional Use Permit.
3. That the proposed restauranUbanquet facility is consistent with the General Commercial
General Plan Land Use Designation for this site.
4. That there have been no Code amendments since the granting of this Conditional Use
Permit which affect this property, nor has the request been modified to include other Code waivers.
That there are no outstanding complaints or Code violations at this property.
6. That the circumstances and findings under which the parking waiver was originally
granted remain the same.
7. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CR3419PK.DOC -1- PC98-137
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim
City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection w~±h Conditional Use Permit No. 3935 is adequate to serve as the
required environmentai documentation in connection with this request upon finding that the declaration
reflects the independent judgment of fhe lead agency and that it has considered the previously approved
Negative Declaration together with any comments received during the public review process and further
finding on the basis of the initial study and any comments received that there is no substantial evidence
that the proposal will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby amend Resolution No. PC97-92, adopted in connection with Conditional Use Permit No.
3935, to reinstate said use permif and the parking waiver; and to amend Condition No. 23 therein to
read as follows:
23. That this conditional use permit shall expire one (1) year from the date of this resolution,
on July 21, 1999.
BE IT FURTHER RESOLVEd that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and ali of the conditions hereinabove set forth. 8hould any such,condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of ¢ompetent jurisdiction, then
this Resolution, and any approvals herein contained, shall be dQemed nulU~d void.
THE FOREGOING RESOLUTION was
August 31, 1998, r
ATTEST:
~~~
SEC ETARY, iVAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
ning Commission meeting of
CITY PLANNING
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby
certify that t~e foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on August 31, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
WILLIAM1AS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
(~. I WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~.l,~L ~ , 1998.
11h4Q~-~ ~~uC~
SEC ETAI~' ANAHEIM CITY PLANNING COMMISSION
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