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PC 72-112RE50LUTION~._ PC72-112 ~ A RESOLUTION OF THG CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR CONDITIONAL USE PERMIT 1307 gE GRANTED IN PART WHEREAS, the City Planning Commission of the City of Anaheim did receive a verified Petition for Con• ditionalUse Permitfrom CBNTURY PFOPERTIES, 16200 Ventura Boulevard, Suit'e 201~ Encino~ California 91316, Owner; KAM FOY YEE, 17391 Mira Loma Circ•le, Huntington Beach, California 92647, Agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as a portion of Parcels B and C of Parcel Tiap fili.d in Book 34, Page 36 of Parcel Maps, records of said Cosnty, mare particularly described as a whole as folluws: Beginning at the southwest corner of said Parcel C; thence along the westtrly line of Parcels C and B North U° 11' 30" West 90 feet; thence parallel with the soul-herly line of said Parcel C, South 89° 31' 00`~ East 301.93 feet to the easterly line of Parcels B and C; thence along said easterly line 5outh 0° 11' 11'~ East 90 Eeet to the southeast corner of Parcel C; thence along the southerly line of Parcel C, North 89° 31' 00" West 301.93 feet to the point of beginning ; and WHEREAS, the City Ylanning Commission did hold a public hearing et the City Hell in the City of Anaheim on May 31, 1972, at 2:00 o'clock P.M., notice of said public hearin~ heving been duly given as required by law end in accordance with the provisions of the Anaheim Municipal code, Chapter 18.64, to hear and consider evidence for and egeinst said pcoposed conditional use end to investigate and meke findir.gs and recommendations in connection therewith; end WHEREAS, suid Commiscion, after due inspection, investigation, and study made by itself and in its be- half, end after due consideration of all evidence end reports ofiered af seid hearing, does find and determine the following facts: 1, That the proposed use is propr;]y one for which a Conditionei Use Permit is euthorized by Code Section 18.40,060(g) to wit: estaUlish on-sale liquor in conjunction crith a proposed restaurant with waivers of: a. SECTION 18.40.070(4-a-2-d) - Diinimum number of parkint~ stalls required. (49 spaces required; 43 svaces propoaed) b. SECTIOIQ 18.40.070 6-a - 6-fnot solid masonrv wall requirement where C-1 propertv abuts a residential zone. (5-foot, 6-inch high masonry wall existing along the east boundary; no proposal to fn- crease the wall to tlie required height) c. SECTION 18.40.070(6-a) - Screen landscapin~ reQUirement where C-1 property abuts a residential zone. (2-foot planter with no acreen landscaping propoaed; trees to form an effective screen within five years of time of planting required) (TFiis waiver no longer necessaryj 2. That Waiver 1-a, above mentioned, is hereby denied on the basis that the peti- tioner stipulated to providing additional par'cing on the adjacent parcel also owned by the peEirioner. 3. That Waiver 1-b, above mentioned, is hereby gr2nted on the basia thaL• the exiet- ing masonry wall is located on the adjacent mabile home park property and ia a six-foot high wall as meaeured from their side of the property line. 4. That the petitioner withdrew Waiver 1-c, above mentioned, and atipulated by re- vised plans to providing the requi.red screen landacaping. 5. That the proposed use, as granted, will not adversely affec~ the adjoining land uses and the growth and developmesil: of the area in which it is proposed to be locate~l, CI-D -1- 6. That the aize and shape of the site proposed for the use is adequate to allow the full devel.opment of the proposed use, as granted, in a manner not detrimental to the par*_icular area nor to the peace, health, safety, and general welfare of the Citizens of the City of Anaheim. 7. That the granting of the Conditional Use Permit, as granted, under the conditions imposed, if any, will not be detrimental to the peace, health, safety, and general welfare of tlie CiCi.zens of the City of Anaheim. 8. That a letter of ~~nosition was received from the City of Buena Park. NOW, THEREFORE, BE IT RESOI.VED that the Anaheim City Planning Commission does hereby grant in part subjecc Petition for Varinnce, upon the following conditions which are here- by t.ound to be a necessary prerequisite to the proposed use of t::e subject property in order Lo preserve the safety and general welfare of the Citizens of the City of Anaheim: (1) That the owners ef subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Stanton Avenue for street lighting purposes. (2) That a parcel map to record the approved division of subject property be submit- ted to and approved by the City of Anaheim and then be recorded in the office of the Orange ~ounty Recorder. (3) That subject property shall be served by underground utilitiea. (4) That trash etorage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. (5) That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. (6) That aatisfactory documents shall be aubmitted to Che City Attorney's office for approval indicating that reciprocal parking and ingress and egress eacements are being provided to the restaurant operator to compensate for inadequate parking and ingresa and egress presently existing on the property. (7) That all air conditioning facilities shall be properly ahielded from view, and the sound buffered from the adjacent mobilehome park. (8) Tttat any parking area lighting proposed ah311 be down-lighting of a maximum height of 8 Eeet within 120 Eeet oE t;~e easterly property line, which lighting shall be directed away from the property iineo to protect the residential integrity of the area. (9) Thak aubject pro~erty ehall be developed substantially in accordance witt~ plans end specificar_ions on file with the City of Anaheim marked Exhibit Nos, 1 and 2. (10) Tliat Condition Nos. 1 and 2, above mentioned, shall be complied witli prior to the commencement of the activity authorized uc~der this resolution, or prior to the time that the building permit is issued, or within a period of 180 days from date hereof, which- ever occ~irs first, or such further cime as the Planning Commissioci may grant, (11) That Condition Nos. 3, 4, 5, 6, 7, 8 and 9, above mentioned, shall be complied with prior to final building and zoning inspecti:ns. THE FOREGOING RESO'LUTION is cigned and ap ed by me th 9th day of June, 1 2. I PRO T ANAHEI PLANNIN ISSION ATTEST: ~~~f~ SECkETARY ANAHEIM ITY PLANNING COMMISSICIN STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF AMHEIM ) I, Ann Krebs, Secrets~ry uf the City Planning Commisaion of tYe City of Anaheim, do hereby certi£y r.hat the foregoing resolution was passed and adopted at a meeting of the City Planning Commisaion of the City of Anaheim, lield on May 31, 1972, at 2:00 o'clock P.M, by the folloxing vote of the m~mbera thereof: AYES: COMMISSIONERS: ALLRED, GAUER, HERBST, KAYWOOD, ROWLAND, SEYMOUR. NOES: COMMISSIONERS: NONE. ABSENT: CO[AfISSIONERS: ~FARANO. IN WITNESS ?7HEREOF, I have hereunto set my hand this 9th day of June, 1972. SECRETARY ANAHEi'~; CI"Y PLANNING COMMISSION RESOLUTION N0. PC-112