Resolution-PC 99-146RESOLUTION NO. PC99-146
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 3935,
AND AMENDING CEnl'AIN CONDITIONS OF APrROVAL ADOPTED THEREWITH
WHEREAS, on July 21, 1997, Resolution No. PC97-92 was adopted by the Anaheim City
Planning Commission to approve Conditional Use Permit No. 3935 and permit a 2,076 sq.ft. restaurant
and 5,760 sq.ft. banquet facility with sale of alcoholic beverages for on-premises consumption ard with
waiver of minimum number of parking spaces (132 required, 104 approved) at 1125 North Magnolia
Avenue (Magnolia Plaza Office Building); and that said resolution inciuded the foliowing condition:
23. That this conditional use permit shal! expire one (1) year from the date of this
resolution, on July 21, 1997.
WHEREAS, on August 31, 1998, Resoiution No. PC98-137 was adopted by the Planning
Commission to reinstate this conditional use permit and to amend Condition No. 23 granting the use until
July 21, 1999; and
WHEREAS, this property is develaped with a 28,640 sq.ft. commercial of~ce building with
an 1,886 sq.ft. auxilfary storage buiiding in the CL (Commercial, Limited) zone (the approved restaurant
and banquet facility has not commenced operations); that the Anaheim General Plan Land Use Element
designates the property for Genera; Commercial land uses; and that the property is also located fn the
West Anaheim Commercial Conidors Redevelopment Project Area; and
WHEREAS, the petitioner requests reinstatement of this conditional use permit in order to
begin operation of the previously-approved restaurant and banquet facility with on-premises sale and
consumption of alcoholic beverages pursuant to Code Section 18.03.093 of the Anaheim Municipal Code.
WHEREAS, the City Planning Commission did hotd a public hearing at the Civic Center (n
the City of Anaheim on August 2, 1999, 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 Municipai Code, Chapter 18.03,
to hear and consider evider.ce for and against said proposed to reinstate thfs use permit and to amend
certain conditi~~ns of approval, and to investigate and make findings and recommendations in connection
therewith; and
WHEREaS, said Commission, after due inspection, investigation and study made by itself
and in its behaif, and after ~~ ~c consideration of all evidence and reports offered at said hearing, does find
and determine the followiny r~_;ts:
1. That the use, as reinstated, is properly one for whfch a conditional use permit is
authorized by the Zoning Code.
2. That the proposal, as amended, wiil not adversely affect the adjoining land uses and the
growth and development of the area in which it (s located.
3. That the size and shape of the site for the proposal is adequate to allow full development
of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare; that the petitioner indicates no change in the proposed operation or physicai devefopment of this
facility; and that no changes have occurred regarding either the surrounding land uses or the tenants of
this building.
4. That the traffic generated by the use will.not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
CR3710PK.DOC -1- PC99-146
5. That granUng this reinstatement, under the conditions imposed, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That restaurdnt and banquet facility approved tndpr this condiUonat use permit has not
commenced operations, nor have the required tenant improvements been completed.
7. That this conditional use permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the pubtic peace, heaith, safety and general welfare.
8. That one person spoke at the public in favor af the proposal and no one indicated their
presence in opposition; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planni~g
Commission has reaiewed the proposal and does hereby find that the NegatYve Declaratfon praviously
approved in connection with Conditional Use Pe:mit No. 3935 is adequate to serve as the required
environmental documentation in connection with this request upon finding that the declaration reflects the
independent judgment of the lead agency and that it has consider~d 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 Ciry Planning Commission does
hereby amend Resolution No. PC98-137, as amended and as adopteu in connection wi~h Conditional
Use Permit No. 3935, to reinstate this conditional use permit and to arr;end Condition No. 23 therein to
read as follows:
23. That this conditional use permit shall expire on July 29, ?.000,
THE FOREGOING RESOLUTION was adopted at the Planns7g Comm(ssion meeting of
August 2, 1999.
.~, ~ ~~-..:
AIRPE SON, ANAHEIM CI PLAMNING COMMISSION
ATTEST:
~lca~.~,~~ s~~
SECRETARY, ANl~HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Plannin~
Commission held on August 2, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ESPING
IN WITNESS WHEREOF, I have hereunto set my hand this ~ dav of
J~~C~U~ , 1999.
ll
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SECRETARY, ~NAHEIM CITY PLANNING COMMISSION
CR3710PK.DOC -2- PC99-146