PC 78-227RESOLUTION N0. PC78-227
A RESOLUTION OF THE ANAHEIH CITY PLAPINING COHHISSIO~J
THAT PETITIQN FOR CONDITIONAL USE PFRy;T ir"v. iu90 BE GRANTED
WF'EREAS, the Anaheim Ctty Planning C«mmission clid receive a verified
Petition for Conditional Use Permit from FRAFlK AND LORETTA KROGMAN, 1507 Buena Vista,
San Clemente, California, ~2672, owners, and LEE'P_ MA~~DARIN RESTAURANT. 2610 West La
Palma Avenue, Anaheim, California ?2801, agent, of certain real proper[y situated in
the City of Anahetm, County of Orange, State of California, dcscribed as:
Parcel 1: The Easi 290.0~ fee[ of [he North 365.00 feet of the
F~orthcast quarter of Section 17_, Townshfp 4 South, Ran9e ii West,
in the Rancho Los Coyotes, in the City of Anaheim, Couniy of
Ora~ge, S[ate of California as per map recorded in Book 51 Page 11
of Miscellaneous Maps in the ~fflce of the County Recorder of said
Lounty. EXCEPT the t~orth 185•00 fcet of [he ~ast 185.00 feet.
Said Land is included wit'.in the area shown on a map filed in book
GS page 16 of Recard of Surveys in the Office of the County
Recorder of said County. PARCEL 2: Lot 1, Trac[ 2911, in the
Ci[y of Anahcim, County of Orange, State of California, as per map
recorded in book 97 page 17 of Hiscellaneous Naps, in the Office
of the County Recorder of said County.
WNERE~S, the City Planning Commission did hold a public hearing at the City
Hall in the Lity of Anaheim on September 25, 1973, at 1:30 p.m., noLice of said
public hearing having been duly given as required by law anJ in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed conditlonal use and to investigate and make
findings and recommendations in connection therewith; and
WfiER£AS, said Commission, after due inspeccion, investigation ar.d study made
by itself and in its behalf, a~d after due consideratlon of all evidence and reports
offcred at said hearing, does find and determine [he foliowin9 facts:
1, That [he proposed use is properly onc for which a conditional use
permi[ is authorized by Anaheim Municipal Code Section 18.~ik.050.010 to wit: to
permit an-sale beer and wine in an existing restaurant.
2. That the proposed use is hereby granted for a t~+o year period, subject
to review by the Planning Commission for possible extensions of time,
3. That the petitioner indicated [he hours of operation wouid typically be
Sunday through Thursday 11:30 a.m, to 10:00 p.m,, and Friday and Saiurday 11:30 a.m.
to 11:OQ p.m.
4, That the proposed use will not adversely affect the adJoining land uses
and the growth and development of the area in which it is proposed to be located.
5. That the size and shape of the site proposed for the use is adequate to
allow the full development of the proposed use in a manner not decrimental to the
particular area nor to the peace. health, safety, and general welfare of [he Citizens
of the City of Anaheim.
PC78-227
6. That the granting of the Conditional Usc Permlt under [he conditions
imposed, if any, will noc be detrimental to the peace, health, safety and general
welfare of the Citizens of the Clty of Anaheim.
7, That no one indicated their presence at said public heartng in
opposition; and that no correspondence was recetved in opposition to the sub}ect
petition.
ENVIRONMEPlTAL IMPALT fINDING: The Planning Director or his authorized
representative has dctermined that the proposed project falls within the deffnition
of Categorical Exemptions, Class 1, as defined in Paragraph 2 of the City of Anaheim
Environmental Impact Report Guidelines and fs, therefore, categorically exempt from
the requirement to prepare an EIR.
I~OW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon thc following
conditions which are hereby found to be a necessary prereauisite to the proposed use
of the subjec[ property in order to preserve the safety and general welfare of the
Citizens of the City of Anahcim:
1. That subjec[ property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhlbtt Nos. 1
and 2.
2, That the proposed use is granted for a two (2) year period of [ime to
determine whethcr the use has had an adverse effect on the area and that extensions
of time may be granted by the Planning Lommisslon, upon written request by the
petitioner, foilowing a detcrmination that the use tias not had an adverse impact.
BE IT fURTHER RESOLVED that the Anaheim City Planning Canmission does hereby
find and determine that adoption of thts Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions fiereinabove se[ forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final Judgment of any court ~f competent jurisdiction. then this Resolution,
and any approvals herein contained, shall be deer,ied nul) and void.
TNE FOREGOING RESOLUTION is si9ned and approved by mn [his 2~[h ~ay of
SepYember, 1978.
~ A~ HE 17Y PL ~Ji~ I NG COMM I SS l ON
ATTEST:
(O~ ~ ~^~-
SECRETARY, ANANEIM CITY PLANNING COHNIS5I~JN
57A7E OF CALIFORMfA )
COUNTY OF ORANGE ) ss.
CITY OF At7AHEIN )
I~ Edith l. Harris, Secretary of the Anaheim Clty Planning Commission, do
hereby certify that the foregoing resolution aras passed and adopted at a meeting of
the Anaheim City Planning Commission hel~i on September 25~ 1°7~ at 1:30 p.m., by the
following vote of the members thereof:
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AYES: COMMISSIONERS: aARNES, DAVID~ HERBST, JONN501a~ KI~~G~ TOLAR
NOES: COMMISSIO~tiERS: NONE
ABSENT: COMMISSSONERS: FIONE
VACANY: OPIE SEAT
IN 430TNES5 WHEREOF, 1 have hereunto set my hand thts 25th day of September,
1978.
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SECRETARY~ ANAHEIFi CITY PLANNING COMMlS510N
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