PC 80-123RESULUTIO!ItdO. PC30-17_3
A P~ESOLUTIOH OF TIIE !1'!AI!E Ih1 C ITY PLAMtI I tl , C~tt`1155 IOtI
TI1AT PETITIO"I FOP, Cor;DITIOt~AL USE PFR~11T '!~. 2(!^(, 6E r,~.qtiTFn
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Usc Pernit from LEST[R EL~ERT, ~T AL, 114n1 Montecito, L~s
Ala~itos, CA 9C72~, o~•m ers of cert~in real property situated in the City of Anaheim,
County of Orange, State of California, descrihed as:
That portion of ~ot 15, Orangeti•~ood Tract, as shown on a Map
recorded in Bool; 7, page !t2 of t•liscellaneous Mans, records of
Orange County, California, bounded Southerly and 4lesterly by Tract
5~55~ as sho~m on a P1ap recorded in ~ook 1~1t, pages ~s5 and l~6 of
Miscellancous Maps of said Orange County; bounded [asteriy by the
4lesterly line and tlie ~dortherly prolonc~ation there~f of Tract
3916, as shovm on a hlap recorded in Book 13`1, paqes 1? and 1~+ of
Miscellaneous tlaps, records of Orange County, California.
b1HEREAS, the City Piannin~ Comr~ission did hold a pul>lic hearing at the Civtc
Center in the City of Anaheim on August il, 1980, at 1:3~ p.~., notice of ~aid public
hearing having been duly given as required hy laa~ and in accordance ~oith the
provisiuns of the Anaheim Municipal Code, Chapter 1`~.03, to hear and consider
evidence for and against said proposed conditi~nal use permit ~nd to investigate and
mal;e findings and recommendations in connec*_ion there~•rtth; and
blfiERFAS, said Cor.xnission, after due inspection, inv~stigati~n an~ sturly made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the follaa~ing facts:
i, That tiie proposed usa is properly or,e fcr :r!;ic'~ ~ carditional us~
permit is authorized by Anaheim Municipal Code Section 18.1i1s.~50.01~ to wit: to
permit on-sale heer and ~Jine in an er.isting restaurant.
3, That the proposed use will not adversely affect the adjoining la~d uses
and tlie grcwith and development o` the area in vihicfi it is proposed to be located.
4. That the size and shape of the site proposed for the use is adequate to
alloa~ the full development of the proposed use in a manner not detrinental to the
particular area nor to the peace, health, safety, ,nd gen~ral ~velfare of the Citizens
of the City of Anaheim.
5, That the granting of the Conditionai Use Permit under the conditions
imposed, if any, ~^~ill not be detrimental to the peace, health, safety and general
~velfare of the Citizens of tne CitY of Anaheim.
6. That the traffic generated by the proposed use r~ill not impose an undue
burden upon the streets and high~•rays designed and imoroved to carry the traffic in
the area.
7, That no one indicated t!~eir presence at said public hearing in
opposition; and that no correspondence ~•~as receiveci in opp~sition to the subject
petition.
PC3o-i23
~
EPlVIRONMEi~TAL IMPFlCT FItJ~;PlG: The Planning Dirrctor or his ~uthorized
representative has d~termined that the proposed projer_t falls :•~ithin the definition
of Categorleal ExempCions, Ciass 1, as defined in Par~nraph :? of the City of Anaheim
Environmental Impact Report Guidelines anci is, therefore, cate~orically exempt from
the requirement to prepare an EI?.
NO~,J, TFIERFFQRE, t3E IT RFS~LV[D that t~~e Anahein Citv Plannina Commission
~oes hereby grant subject Petition for Conditional Use Permit, upon the folloa~ing
conditions which are herr_by found to be a necessary prerequisite to the proposed use
of the subject property in order Lo p~aservc the safety and general a~elfare of the
Citizens of the City o` Anaheim:
~, That suhject property shall he dPVelo~e~l suhstantially in accordance
with plans and specifications on File ~~ith the City of Anahein marl:ed Exhibit Nos. 1
and 2,
PI0~/, T!!ER[F(1RE, BE IT P,FSOLVEf1 that the Anaheim City Planning Commission
does herehy grant subject Petition for Conditional tise Permit, upon the following
condltions v~hich are hereby found to be a necessary prerequisite to the oroposed use
of the subject property i~ order to nreserve the safety and gen~ral aielfare of the
Citizens of the City of Anaheim:
BE IT FU°THER RESOLVED that the Anaheim City Plan~inc~ Commission doFS hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's complEance t•rith each and ail of the conditions hereinabo~~e set forth.
Should any such condition, or any part thereof, he declared invalld or unenforceable
by the final judgment of any court of competent .jurisdictton, then this Resolution,
and any approvals hereir contained, snall be deemed null and void.
THE FORFGOItJG RESOLUTIOU is signed and aporoved hy me this 11th day of
August, 1'?~0. C'1~/G~~C;?~~' ~/" ~GKGA~
CNAIRH N, A~!AHEIM CITY PLAtIPIIP~G CO'+MIS51(1FI
ATTEST:
~~ ,~ ~,~.
SECRETARY, AMAHf.I~~t CITY PLAtIMING CO!S"11SS10~1
STATE OF CALIFORtJIA )
CUUPITY OF ORAt1GE ) ss.
CITY OF HtJAHEIM )
~~ Edith L. Harris~ Secretary of the /lnaheim Citv Planning Cor^.mission, dc
herehy certify that tlie foregoing resolution was passed and a~iopted at a meeting of
the Anaheim ~ity Planning Commission hel~1 on Au9ust 11, 1~Rn, by the followinq vote
of thc members thereof:
AYES; C~M`~ISSIO'!ERS: ~FlRPIES, BOU!IS, ~USFiORF, F~Y, N[REST, !;It!~, T~f_AR
PJOES: Cl1N141SSIONERS: F!~!~E
ABSF:~IT: C~~1'1ISSIQrlEr,S: ~I~NP
~;~ 411TI1LSS l•lFIE'tC'OF, I nave hf:reunto set my hand thls tlth day of llugust,
1~30.
~d~-G! C~ ~~~s
SEC~FTARY, ANANEIPt CITY PLAPlMI~Ir, COMMISSION
-2- PCR~-123