PC 78-228RESOLUTlON ~10. PC78-22$
A RESOLUTIOt! Of THE ANAHEIM CITY PLAtJ!II~lG LO!iNISStON
THAT PETITIO~J FOR COt~DITIOtIAI USE P[RMIT N0. 1891 BE GRANTED
WHEREAS, the Anaheim Ctty Planning Corimission did recelve a verified
Petition for Conditional Use Permit from STAtILEY ANO IOttE KRELL, P. 0. Box E7611, Los
Angeles, California, 90067, o4mers, anJ JOSEPH ANTtIONY NOT11R0, 12762 Audrey Circle.
Garden Grovc, Anaheim, California Q2640, agent, of certain rea! property situated in
the Cit/ of Anaheim, CounCy of Orange, State of California~ described as:
Lots i and 2, Tract 3267, as per Hap recorded in Book 102, paaes
41 and 42 of Miscellaneous Naps, tn the Office of the Coun[y
Recorder of sald County.
WHEREAS, [he Cicy Planning Canmissjon did hold a public hearing at the City
Hall in the Cfty of Anaheim on September 25, 1~73, at 1:30 p.m „ no[ice of said
public hearing having been duly given as required 6y law and in accordance with the
provisions of the Anaheim Municipai Code, Chapter 1E,03, to hear and consider
evidence for and agains[ said proposed conditional use and to investigate and make
findings and recommendatfons in connection therewith; and
Wti[RE:~S, sald Conmission, aftcr duc inspection, investiga[ion and study made
by itselP and in its behaif, and after due consideratlon of all evidence and reports
offered at said hearing, does find and detcrmine the following facts:
i. Tha[ the proposed use is properiy one for -~hich a conditional use
permit is authorized by Anaheim Municipal Code Section 13,45.~50.01(1 [o wit: to
permit on-sale wine in an existing bcer har.
2. That thc proposed use is hereby granted subJect to the petitioner's
stipulation the hours of operation shall be 10:00 a.m, to 2:OQ a.m.~ seven days a
weEk.
3. That the proposed use will no[ adversely affect the adjoining land uses
and the growth and development of the area in whlch it is proposed to be located.
4, That the size and shape of ihe site proposed for the use is adequate to
allow the full developmen[ of the proposed use in a manner not deirimental to the
particular area nor to the peace, health, safety, and general welfare of the Cittzens
of the City of Anaheim.
5. That the granting of the Conditional Use Permit under the conditlons
impased, if any, wi11 not be detrimen:el to [he peace, health, safety and general
welfare of the Citizens of [he City of Anaheim.
PC78-228
6, That n~ one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposttion to the subject
peti:ton.
ENVIROtIME~~T~1L IMPACT FIt~pING: The Planning Dtrector or his authorized
representat ve has detcrmfned that the proposed proJect falis within the deflnition
of Categorical Exemptfons, Class i, as defined in Paragraph 2 of thc City of Anaheim
Environmental Impact Report Guldelines and is, therefore, categorically exempt from
the requirement to prepare a~ EIR.
NOW, THEREFOP,E, 8E IT RESOLVED that thc Anaheim City Planning Commission
does herehy grant subject Petitfon for Conditional Use Permit, upon the following
conditions which are hereby found to be a necessary prerequisite [o the proposed use
of the subJect property in order to preserve [he safety and 9eneral weifare of the
Citizens of the City of Anahefm:
1. That street lightin9 facilitics alang Orangewood Avenue shall be
installed prlor to the final building and zoning inspections unless otherwfse
approved by the Director of Publlc Utili[ies, and in accordance with standard
specifications on file in the Offtce of [he Director of Public Utilities; and/or that
a bond, certificate of deposit, letter of credtt, or cash, in an amount and form
sa[isfactory to the Clty of Anaheim shall be posted with the City to guarantee the
installaiton of the above-mentioned requirements.
2, Tha[ the oamer(s) of subject propercy shall pay to [hc City of Anaheim
the sum of three and one-half dollars ($3.50} per fron[ foot along Maliul Drive for
street lighting purposes.
3. That the owner(s) of subject propcrty shall pay to the C(ty of Anaheim
thc sum of 95 cents per front foot along Orangewood Avenue and Mallul Drive for tree
plantfng purposes.
~t. That subJect praper[y shaii be deveioped substan[ialiy i~ accordance
with plans and specifications on file with the Ctty of Anaheim marked Exhibit Nos. 1
and 2.
5. That Condition Nos. 1, 2 and 3, above-mentionecl, shall be complied with
prTor to the commencement of the activlty authorized under this resolutton, or prior
to [hc time that the building permit is issued, or withtn a period of one year from
da:e hereof, whichever occurs first, or such further time as the Planning Comnlssion
may grant.
6. That Conditton No. 4, above-mentioncd, shall be complted with prior to
final building and zoning inspections.
7. That the hours of operatlon shall be lO:OQ a.m, to 2:00 a.m, daily.
BE IT FURTf1ER RESOLVED that the Anahelm City Planning Commission does hereby
fTnd and determine that adoptton of this Resolution is expressly predicated upon
applicant's compllance with each and all of the conditions herelnabove set forth.
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Should any such condition~ or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of competen[ Jurtsdiction, then this Resoluti~n,
and any approvals hcrein containcd, shall be deemed null and void,
TtiE FOREGOlNG RE30LUTIOtJ is signed and approved by me th(s 25th day of
September, 1978.
RM N, N CITY L NNIhG COMMISSION
ATTEST:
/O Q~ r~4_ ~( it w ~
SECRETARY, APIANE IJ1 C ITY PLA~III IIIG CON!115510N
STAT[ OF CALIFORt~IA )
COUtlTY OF ORAHGE ) ss.
CITY OF A?IAHEIM )
1, Edlth L. Harris, Secretary of the Anaheim Ci[y Planntng Commission, do
hereby ceriify that the foregcing resolution was passed and adopted at a neettng of
the Anaheim Ctty Pianning Commission held on September 25, 197E at 1:30 p.m., by Lhe
following vote of thc ma~bcrs thereof:
AYES: COMMISSIONERS: BARNES, OAVIO, HEROST, JOHNSa~~, Klt~r,, TOLAR
NOES: COH,115S IOt~ERS: f10hlE
ABSENT: L~HMISSIONERS: i~ONE
VACAP~Y: ONE SEAT
IN NITlJESS WHEREOF, I have hereun[o set my hand this 25th day of September,
~ 9~a.
_ ~~.~ .~ ~-~~~.._
SECRETARY~ ANAHEItS CITY LAN!iING COMN~SSION
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