PC 79-97RESOLUTION N0. PL79-97
A RESOLUTION OF THE ANAHEIM C17Y PLANNING LOMMISSIOH
Tt1AT PETITION FOR CONDITIONAI USE PERMIT t~0, i975 EiE GRAN7ED
41HEREAS, the Anaheim City Plan~ing Commission did receive a verlfied
Petition for Londitional Use Permit from GILBERT N. AND MARIE B. KLUTFIE. 1621
East Santa Ana Stree[, Anaheim, California 9Z806, owners, and RUSSELL C. MANGOLD,
3701 Pot~ero Drtve, Fullerton, Californta 92635. agent~ of certat~ real proper[y
situated in thc Lity of Anaheim, County of Orange, State of Galifornta, described
as:
Beginnin9 et a point in the center line of Placentia Avenue,
dis[ant thereon South 0° OS' 15" Nest 374.99 feet from che
Northeast corner of said Lot 16. said corner being considered
to be the intersection of the center lines of South Street
and Placentia Avenue and running thence South 0° 05' 15" Nest
~~g,y$ f~ei along said center lfne of Placentia Avenue; thence
South 7N 36' 05" uest 238.23 feet along a line paralicl to
the said center line of Sauth 5[rcet to a point in the East
line of that cer[ain parcel of land conveyed to G. L. Beeker
by deed recorded fn book 161, page b9, of Deeds. records of
said Orange Lounty: thence Plor[h 15~ 45' 25" Wesi 114.69 feet
along said Easi line of the land conveyed to G. L. Beckup to
a point in a line which bcars South 74° 36' 05" Nest from the
point of beginning, said line being parallcl to the said
center line of South Street; thence North 74° 36' 05" East
27p,72 feet along said parallel line to the point of beginning.
NNEREAS, the CiCy Ptanning Commission did hold a public hearing a[ the
City Nall in the City of Anaheim on May 21, 1979. at 1:30 p.m., notice of said
public hearing having been duty given as required by law and in accordance With
the provis(ons of [hc Anaheirs riuRiclpa! Code, Chapter 16.43, to hear and
consider evidence for and against satd proposed ca~ditionai use and to investt-
gate and make findings and recommenda[tons in con~ec[lon therewith; and
NNEREAS, said Commission, aftcr due inspection, investigation and study
made 6y (tself and in its behalf, and after due consideration of all evidance
and reports offered at said hearing, does find and determine the following facts:
~, That the proposed use is properly one for which a conditional use
permit is authorized by Anaheim Municlpal Code Section 18.44.050.010 to wit: to
permit on-sale ltquor in a proposed restaurant.
y, That the proposcd use is h~~eby granted subJect to the petitio~er's
stipula~ton at the public hearing to provide a twenty (20) foot wide landscaped
buffer area along the v+est property line adJacent to the single-famTly residen[tal
area,
3, That the proposed use, as granted, wTll not adversely affect the
adJoining land uses and the gra+th and development of the area in which it is
proposed to be located.
Pc79-97
4. 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
detrimental to the particular area nor to the peace, health, safety and
general welfare of the Citlzens of the City of Anahetm,
5, That the granting of the Condittonal Use Permit under the
conditions imposed will no[ be detrimental to the peace, health, safety and
general welfare of the Citizens of the Ctty of Anaheim.
6. That one person indicatad their presence at said public hearing
in opposition; and that no correspondence Has received in opposttion to the
subject petition.
ENVIRONMENTAL INPACT FINDING: The Planni~g Director or his authorTzed
representative has determined that the proposed project falls within the
defTnition of Categorical Exemptions, Class 1, as defined in Paragraph 2 of the
City of Anaheim Environmental Impact Report Guidelines and ts, therefore,
categorically exempt f ram the requirement Co prepare an EIR.
NON, TNEREFOP.E, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subjecc Petitton for Conditional Use Permit, upon the following
conditions which are hereby found to be a necessary prerequisite to the proposed
use of the subJect p roperty in order to preserve the safety and 9eneral welfare
of [he Ci[izens of [he City of Anaheim:
1, That the owner(s) of subject property shall pay to the City of
Anaheim a fee, ~~ an amou~t as determined by the Ci[y Cauncil, for sireet
lighting along State College Uoulevard.
2, That the owner(s) of subJec[ property shali pay the traffic signal
assessment fee (Ordinance No. 3896), In an amount as determined by the Lity
Counc(1, for commercial buildings prior to the issuance of a buildfng permit.
3, That the propo~ed restaurant shall comply with alt signing
requireme~ts of the CL (Cortmercial. Limited) Zone.
4, Tha[ subJeci property shall be developed subsiantially in accordance
with plans and specifications on file with the Lity of Anaheim marKed Exhibtt Nos.
1 through 3; p~~~tded~ however, that a twenty (20) foot wide landscaped planter
shall be provided along the west property line.
5, That trash storage areas shall be provided fn accordance with
approved plans on file with the office of the Director of Public Norks.
6, That Condition No. 1, above mentioned~ shall be complied with prior
to the commencement of the activity authorized under thts resolution. or prior to
the time that the building permit is Issued, or within a period of one year from
date hereof, whichever occurs first, or such further ttme as the Planning
Commission may grant.
7, That Condicio~ Nos. 4 and 5~ above menttoned~ shall be complied
with prior to final building and zoning inspections.
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BE IT FURTHcR RESOLVED thnt the Anaheim City Ala~ning Cortmission does
hereby find and determTne that adoption of this ResolutTon is expressly predicated
~Pon the applicant's compliance wfth each and all of the conditlons hereinabove
set forth. Should any such condition, or any part thereof, be declared invaltd
or unenforceable by the final judgment of any court of competent Jurisdiction,
then this Resoluiton, and any approvals herein contained, shall be deemed null
and votd.
THE FOREGOING RESOLUTION is signed and approved by me this 21st day of
MaY . 1979 •
N, At81~rM CfTY-PLANNING COMMISSION
ATTEST:
__~~'~- d~ ~~,~;,.,
SECRE7AR , ANANEIM CITY PLANNING COMMISSION
STATE OF CALIfORN1A )
GOUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Edith L. Narris, Secretary of the Anaheim City Planntng Gommissto~, do
hereby ccr[ify that the foregoing resolution Has passed and adopted at a meeting
of thc Anahetm City Planning Commission held on May 21, ~979, by the folloHing
vote of the rnembers thereof:
AYES: LOMMISSIONERS: BARlIES, BUSIIORE, OAVID~ NERBST, JOHNSON, KING, TOLAR
NOES: COMMISSIONERS: NOt1E
AI35ENT: COJdTttSSlCNERS: NO!!E
1979.
It~ NITpESS WHEftEOF, I have hereunto sct my hand 2hls 21st day of May,
`~e.~cQ. ,t .° ~a,u,~
SELRETARY, ANAIIEIM CITY PLANNING COH-~ Mi~
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