PC 79-80RESOLUTION N0. PC79-80
A RESOLUTIOH Of THE ANAHEIM CITY PLANNING CO!1MISSION
THAT PETITIOH FOP. [~HDITIONAI USE PERh1T N0. iQ47 DE GRANTEO
1~IHEREAS, the Anahclm City Planning Commissi~~ d(d reccive a vertfied
Pecition for Conditionai Use Pernit from A. G. RICNTEP, A~lD OQP,IS Y.. RICNTER~ 30001
Crown Valley Parkway. Laguna Nigucl. California. 92577~ oa~ners. and C. C. HUyPHRIES,
30001 Cram Valicy Parkway~ Laguna Niguel, Californla ^7.F-77. agent. of cer[ain real
property situated in the City of Anaheim~ County of Orange, State of California.
described as:
TNE EAST 17~.00 FEET OF THE WEST 37G.~0 FEET OF THE SOUTH ~2n,~n
FEET OF THE SOUTHWEST QUARTE4 OF SECTION 1~ T~1lNSHIP ~~ SOUTH,
RAN~E 10 WEST IN THE RANCHO SAN JUAN CAJON DE SAHTA A44, CITY OF
ANAFiEIM~ COUNTY OF ORAtlGE. STATE OF CtiIIFbRNiA, AS SHO-RI ON A MAP
RECORDED iN BOOK 51 PAGE 10 OF MISCELLJuE0U5 MAPS. IN THE OFFICE
Of THE COUNTY RELORDER OF SAID COUNTY,
HF;EREAS~ the Ctty Plannieg Cocmission dtA hold a public hearing a[ the City
Hall in the City of Anaheim on April 23, 1919. at 1:30 p.n., notice of sald public
hearing havinq been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chao[er 18,03~ to hear and consider
evidence for and against said proposed conditional use and to investigate and make
findings and recortrnenda[ions in connectlon thercwiith; and
WHEREAS. said Commission, after due inspection, investigatlon a~d study made
by i[scif and in its behalf, and after duc consideration of ill evidence and ~eports
offered at said hearing~ does find and deternine the follo.iine facts:
1, That the proposed use is properly one for whtch a condi[ional use
permit is a .rized by Anaheim Munictpal Code Section 18.4h,~50.01~ to wit: to
permit on-s. e alcoholic beverages tn a Droposed restaurant with a waiver of:
SECTION 18.OF.06~ - Minimum nunber of ar~in s aces.
52 required; 512 proDOSed
2. That [he proposed waiver is hereby granted on the basis that similar
requests have prevlously been granted and denial r+ould be depriving subject property
of privileges being enJoyed by other properties 1n the same zone and vicinity; and
that the requested Nalver is mtntmal amounting to less than three perce~t ~3k) of the
Code requirement.
3. That the proposed use will no[ adversely affect the adJoining land uses
and the growth and developnent of the area in Which it ts proposed to be located.
4, That the size and shape of tha slie praposed for the use is adeQUate to
allw+ the full development of the proposcd use In a ma~ner not dctrTmental to the
particular area nor to the peace. health~ safety. and general aelfare of the Citizens
of the City of Anahcim.
PC79-80
5. That the granting of the Londitional Use Permft under the conditions
tmposed, If any, will not be detrtmental to the peace, health, safety and general
welfare of the Citizens of the City of Anaheim.
6. That no one indicated their presence at said public hearing (n
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anah~alm City Planning Commission has
reviewed the proposal to permit the on-sale of alcoholic beverages in a proposed
restaurant with a waiver of minimum number of parking spaces on a rectangularly-
shaped parcel of land consis[ing of approximacely 0.7 acre having a frontage of
approximately 170 feet on the north side of La Palma Avenue, havinq a maximum depth
of approximacely 170 feet, being located approxima[ely 195 feet eas[ of the
centerline of State College Boul~:vard, and dces hcreby approve the Negative
Declaration fran the requirement to prepare an environmental impact report on the
basis tha[ there would be no significant indivtdual or cumulative adverse
envtronmental impact due to the approval of this Negative Declaration since the
Anaheim General Plan designates the subject property for general commercial land uses
commensurate wfth the proposal; that no sensi[ive environmenta) impacts are tnvolved
in the proposal; tha[ the Initiat Study submitted by the petitiorer indica[es no
significant individual or cumulative adverse environmencal impacts; and [hat the
Negative Declaracion substantia[ing the foregoing findings is on file in the City of
Anahelm Planning Department.
NON~ THEREFORE, BE IT RESOLVED that the Anahelm City Planning Commisston
does hcreby grant subject Petition for Conditional Use Permit, upon [he follt~wi~g
conditions which are hereby faund to be a necessary prerequisite co the proposed use
of the subject property in order to preservc the safety and general weifare of the
Citizens of the City of Anaheim:
1. That the owner(s) of subject property shall pay the traffic signal
assessment fee (Ordfnance No. 3a96) in an amount as determined by the Lity Council,
for commercial buildings prlor to the issuance of a building permic.
2, That this Condi[ionai Use Permi[ is 9ran[ed suLjec[ [a recarda[ion af a
parcel map, to record ihe approved divtsion of subject property. Said map shall be
submitted to and approved by the City of Anaheim and then be recorded in the office
of the Orange County Recorder.
3. That trash storag~ areas shall be provfded in accordance with approved
plans o~ file with [he Office of the Director of Public Wor~s.
4. That subJect property shall be developed substantially in accordance
wlth plans and specif(cations on flle with the City of Anaheim marked Exhibit Nos. 1
through 7.
5. That Condition Nos. 3 and 4, above-mentioned. shall be complied with
prtor to final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim Ctty Planning Commission does hereby
find and determl~e that adoptlon of this Rcsolutfon is expressty predicated upon
appllcant's comoliance with each and all ~f the conditions hereinabove set forth.
-2- PC79-80
Should any such condition, or any part thereof~ be declared invalid or unenforceable
by the final judgment of any court of compe[ent Jurtsdictlon. then this Resolutton~
and any approvals hereln contained, shall be deemed nutl and votd.
THE FOREGOING RESOLUTION is signed and approved by me this 23rd day of
April, 1979•
CHAI HAN, ANAH ITY P ANNING COHMISSION
ATTEST:
-~~. .~ ~.~:~.
SECRETARY, AtJANEIM CITY LA4NING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
(, Edith L. Harris, Secretary of the Anaheim Ctty Planning Cortmission. do
hereby certlfy that the foregoing resolution was passed and adopted at a meeting of
the Anahelm Clty Planning Commisslon held on Aprll 23. 1979, by the following vote of
the memtrers thereof:
AYES: COMMISSIONERS: BUSHORE, DAVID, HERBST, JOHt~501~, KING, 70LAR
NOES: COMMISSIONERS: NONE
ABSE~IT: COMMISSIONERS: BARNES
IN WITNE55 WHEREOF~ I have hereunto set my hand this 23rd ~ay of April,
1979•
6~.~.Gi. iC Al e w.~
SECRETARY. ANAHrIM CITY PLANNING COMMISSION
-3- PC19-80