PC 79-4RESOLUTION N0. PC79-4
A RESOLUTION OF THE ANAHEIM CITY PLANNINr, COn!fIS510N
THAT PET!TION FOR CONDITIONAL USE PERMIT N0. 1927 BE GRANTED. IN PART
~~EREAS~ the Anaheim Ctty Plann(ng Commission did receive a verifled
Petition for Condittonai Use Pcrmit from LAS TIEqDAS DE YORBA, 363 San Mlguel Drive,
Neaport Beach. Californfa, 92660, ovmer, and MILHAEL J. GENOVESE, 1320 North
Manzanita~ Orange, California 92667, agenc. of certaln real property situated in the
City of A~aheim~ County of Orange, Stace of California, descr(bed as:
PARCELS 1, 2, 3 AND 4~ IN ~HE LITY OF ANAHEIM, COUNTY OF ORqMGE
STATE OF LALIFORNIA~ AS SHONN ON A PARCEL MAP FILED IN BOOK 12p
PAGES 22 ANp 23 p~ PARCEL MAPS I~1 THE OFFICE OF THE COU~ITY
RELORDER OF SAID COUNTY.
1,MEREAS, the City Planning Commission did hcld a publtc hearlnq at the City
Hall ln [he Ltty o.` Anahein ~n January 3, 197~, 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 ~he Anaheim Hunicipal Gode, Chapter 18,03, to hear and consider
evidence for and against said proposed vartance and to Investigate and make findings
and recommendations in connection therewith; and
~HEREAS~ said tommission~ after due inspection, investiga[ton and study made
by ltself and in its behalf, and after due consideration of ai) evtdertce and reports
offered at said hearing, does find and determine the following facts:
1. 7hat the proposed use is properly one f^- _fiich : conditional use
permit is authorized by Anahetm Hunicipal Code Section 7?,44.050.010 to wTC: to
permit on-sale alcoholtt bcver~ycs }n a proposed restaurant with a waiver of:
SECTION IB.44.066.050 - Mtnimum nuTber of parkln s aces.
spaces requ rc ;
205 spaces proposed)
2. That the proposed use is gran[ed.
3. That the proposed Naiver is hereby denled on [he basis that there is no
on-street parking in [he area a~d that any off-site parkino may adversely affect the
adJacent single-family residerttial area; [herefore, adequate on-site parkTng must be
provided by the developer of subJect property In actordance with che minlmum parking
requirements of the City of Anaheim.
4. That the proposed use, as granicd, Nill not adversely affect the
~dJolntng land uses and the growth and development of the area in which it is
proposed [o bA )ocated.
is ~dequate to allowtthe full devclopmentf ofe thec Proposed for the use, as granted,
deCrimental [o the Proposed use in a manner not
wclfare of the CttizensaofitheaCttyrof Anaheim,the peace, health~ safety. and general
PC79-4
6. That the Conditional Use Permtt, as granted~ and under the conditions
imposed, will not be detrimental to the peace~ health, safety and generai ~relfare of
the Lit?zcns of the City of bnahelm.
7. That no one indicated [heir presense a[ said public hearing In
oppositlon; and that no correspondence Nas received in oppositlon to the subJect
petltlon.
ENVIRONMENTAL IMPACT FINDING: The Planning OTrector or hts authorized
representative has de[erm rted that the proposed proJeci fails Nithin the definltion
of Categorical Exempitons, Class 1~ as defined in Paragr~ph 2 of the City of AnaheTm
Env)ronmental Impact Repor[ Guldelines and is, therefore, categorically exanpt from
the requirement to prepare an EIR.
NOW~ THEREfORE~ BE !'i RESOLVED that thc Anaheim Lity PTanntng Commission
dces hereby grant. (n part. subject Petit!on for Conditlonai Use Permtt. upon the
following conditions which are hereby found to be a necessary prerequisite to the
proposcd use of thc subJect proper[y In ordcr to preserve the safety and general
welfare of the Gitizens of the Lity of Anaheim:
1. That the proposed restaurant shall comply with all signing requirements
of the CL(SC) (Commercial. Limited - Scenic Corridor Overlay) Zone.
2, That subject property shall be developed suhstantially in accordance
with plans and specifications on file with che City of Anaheim marked Exhibit Nos. t
through 3; provided, ho~vever, that parking shal) be providcd in accordance Nlth
Chapter 15,06 of the Anaheim Zon(ng Code per[atning to Yehicle Pa~king Requlrements.
3. That Conditio~ Nos, 1 and 2, ahov~-m~nttonrd, sh~11 rr tonpljCd r11Lh
prlor to ftnal building and zoning (nspec[tons.
BE IT fURTNER RESOLVED that the Anahelm C)ty Planning Lommfsston does hereby
find and determine that adoptlon of this Resolution Ts expressly predicated upon
appitcant's compliance wTth each and all of the conditions herei~above set forth.
Should any such condition~ or any part thereof~ be declared invalid or unenforceabfe
by the ftnal Judgmenc of any court of competent Jurisdtction. then thts Resolutlon.
and any app~ovals herein contalned~ shali be deemed null and votd.
THE FOREGOING RESOLUTION is stgned and approved by me this 3rd day of
January~ 1979.
ATTEST:
~.~ ~. . o~,~~. ,
CHAIRMAH 0 EMPO E.
ANAHEIM CITY PLAIINING COMMISSION
SEC R, NAHEIM ~I~N OMMI ON
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY O~ AHAHEIM )
I~ Edith L. Harris, Secretary of the Anahetm tity Pla~ning Commisston~ da
7~ereby cer[lfy that the foregoing resolutlon Was passed and adopted at a meeting of
the Anaheim Llty Planning Canmis=lon heid on January ;, 197g, at 1:3~ P.m.. by the
following vote of the manbers thereoi:
AYES: COMMISSIONERS: BAA~IES, BUSHORE. DAVtD. JOHNSON. K!!~~. TOLAR
NOES: CONHISStONERS: NONE
ASSENT: LOMMISSIONERS: t1ER65T
1979.
IN 511TilESS WFIEREOF, 1 have hereunto set my hand thi~ 3~d day of January~
~i-~L •Y x~,u,.:,
SE~RE`~ARY~ hAM ~y I LANNIN COMMI T
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