2002-242RESOLUTION NO. 2002R-242
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REINSTATING AND
APPROVING AN EXTENSION OF TIME FOR
CONDITIONAL USE PERMIT NO. 20002-04277
TO EXPIRE NOVEMBER 19, 2004.
WHEREAS, on November 6, 2000 the Anaheim City Planning
Commission, by its Resolution No. PC2000-125, granted Conditional Use
Permit No. 2000-04277, in part, to retain and permit a banquet hall
with service (but not sales) of alcoholic beverages for on-premises
consumption (waiver of required lot consolidation was deleted
following public notification); and
WHEREAS, Condition No. 1 of said resolution specifies that
the use permit shall expire on November 6, 2001; and that Condition
No. 15 specifies that an 8-foot high block wall shall be constructed
along the east property line to separate a new parking area from
adjacent single-family residential uses to the east; and
WHEREAS, the property is developed with a restaurant
operating as a banquet facility (Seafood Place Restaurant) and a
chiropractic office, that the property is zoned CL(BCC) (Commercial,
Limited - Brookhurst Commercial Corridor Overlay); that the property
is located within the West Anaheim Commercial Corridors Redevelopment
Project Area; and that the Anaheim General Plan designates the
property for General Commercial land uses; and
WHEREAS, the petitioner requests reinstatement of this use
permit by the modification or deletion of the above-mentioned
Condition No. 1 pertaining to a 1-year time limitation to retain the
banquet hall with service (but not sales) of alcoholic beverages for
on-premises consumption; and that the petitioner also requests the
modification or deletion of Condition No. 15 pertaining to
construction of an 8-foot high block wall along the east property
line; and
WHEREAS, the City Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim on November 19,
2001 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 conditional use permit and to
investigate and make findings and recommendations in connection
therewith; and that the hearing was continued to the January 28,
February 25, April 22 and June 17, 2002, Planning Commission
meetings; and
WHEREAS, said Commission, after due inspection,
investigation and study did adopt its Resolution No. PC2002-97
denying said application for an extension of time and amendment of
the conditions of approval of Conditional Use Permit No. 2000-04277:
and
WHEREAS, thereafter, within the time permitted by law, the
applicant appealed said decision of the Planning Commission to the
City Council in accordance with the provisions set forth in the
Anaheim Municipal Code; and
WHEREAS, the City Council held a duly noticed public
hearing on said application on November 19, 2002 at which hearing the
City Council did receive and consider evidence, both oral and
documentary, relating thereto; and
WHEREAS, the City Council hereby finds that said
Conditional Use Permit is being exercised in a manner not detrimental
to the particular area and surrounding land uses, nor to the public
peace, health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that said application for extension of said time
limitation be, and the same is hereby, approved for a period of (2)
years and that said conditional use permit is hereby extended to
expire on November 19, 2004.
BE IT FURTHER RESOLVED that Condition No. 1 of Conditional
Use Permit No. 2002-04277, as heretofore set forth in Resolution No.
PC2000-97 be, and the same is hereby, amended to read as follows:
~1. That this conditional use permit shall expire and the use
permitted hereunder shall be terminated on November 19, 2004."
BE IT FURTHER RESOLVED that Condition No. 15 of
Conditional Use Permit No. 2002-04277 be, and the same is hereby,
deleted in its entirety.
BE IT FURTHER RESOLVED that the time within which a
rehearing must be sought is governed by the provisions of Section
1.12.100 of the Anaheim Municipal Code (and the time within which
judicial review of final decisions must be sought is governed by the
provisions of Section 1094.6 of the Code of Civil Procedure).
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 19t~ay ofANovember, 2002.
MAYOk OF THE CITY OF ~EIM
ATTEST: ~AH
~ITY CL~RK 0 EIM
47540.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2002R-242 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 19th day of November, 2002, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
(SEAL)