Resolution-PC 2002-97~
RESOLUTION NO. PC2002-97
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT THE REQUEST TO REINSTATE AND AMEND
CONDITIONAL USE PERMIT NO. 2000-04277 BE DENIED
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 faciliry
(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
deletio~ of the above-mentior-ed- Condition No. 1 pert~ioing 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 made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does fnd and deterrnine #he following fac#s:
1. That the request to modify or delete certain conditions of approvai to retain a banquet haii
with service (but not sales) of alcoholic beverages for on-premises consumption and to modify or delete
the requirement to construct of a block wall is authorized by Anaheim Municipal Code Sections 18.03.091
and 18.03.093.
2. That the request is hereby denied on the basis that the use permit is not being exercised
in substantially the same manner and in conformance with all the conditions and stipulations originally
approved by the Commission, as required by Subsection 18.03.093.040 of the Zoning Code, because the
conditions of approval have not been complied with although ample time was granted for the required
improvements to the property to be completed; and that since the first meeting when this request was
considered by the Commission (November 19, 2001), the hearing was continued to give the petitioner
additional time to comply with conditions of approval; and
Tracking No. CUP2001-04457
CR5401 DM -1- PC2002-97
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3. That due to non-compliance with the conditions of approval this use permit has been
exercised in a manner detrimental to the surrounding area, which includes single family residences to the
east, and to the p~e~ace, health, safety, and general welfare.
4. That the facts necessary to support every required showing for reinstating and permitting
this entitlement d~es not exist since conditions of approval have not been complied with.
5. That the request, if approved, would adversely affect the adjoining land uses and the
growth and devel~opment of the area in which it is located.
6. That the size and shape of the site for the use, as proposed to be reinstated, is not
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 of the Citizens of the City of Anaheim.
7. ~I~at the traffic generated by the use, as proposed to be reinstated, would impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
8. That a petition with 3 signatures was received at the June 17, 2002 meeting in support of
the request to delete the requirement to construct an 8-foot high block wall along the east property line.
9. That no one indicated their presence at the public hearing in opposition to the proposai;
and that no correspondence was received in opposition.
C~4LIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
- Pla~ni~g Commissiora has reviewed the proposal to_retain a. banquet hall with service (but no sale ofl
alcoholic beverages for on-premises consumption and to modify or delete a condition of approval
pertaining to construction of a block wall, and does hereby find that the Negative Declaration previously
approved in connection with Conditional Use Permit No. 2000-04277 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 considered the Negative Declaration together
with any commen~ts 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 project will have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby deny the request to reinstate Conditional Use Permit No. 2000-04277 and to amend certain
conditions ofi approval thereof on the basis of the aforementioned findings.
TIHE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 17, 2002.
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CHAIRPER , ANAHEIM CI NNING COMMISSION
ATTEST:
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SECRETARY, ~,MAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF OiffdANGE ) ss.
CITY OF ANAHEIM )
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I, Eleanor Fernandes, Secr~tary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on June 17, 2002, by tFne following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLf~~ BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I Ihave hereunto set my hand this ~.•-~ day of
, 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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