PC 80-69RESOLUTIOt~ "lu. PC3n-~~
A RESOLUTION OF THF A~dAHElhi CITY PLAPINIPJG C014"11SSIOPI
TNAT PETITIOW FOR CC~IDITIO~IAL USE PEP,111T PIO. ?~f.,f; BE GRFI~ITED
WHEREAS, the Anaheim City Planning Commission d1d receive a verified
Fetition for Conditfonal Use Permit from RIOS A"JD P,IOS CO~JSTRUCTIO"I CO,, 253E~ 1~/est
lincoln Avenue, Anaheim, California, ~128n1, owner, and IIAt15 J, LIPlDPlEP,, BAVARIAFJ
GRILL, 2524 Llest Lincoln Avenue, Anaheim, California 97.8n~, agent, of certaln reai
proparty situated in the City of Anaheim, County of Orange, State of California,
described as:
TNr1T PORTIO~d OF THE NORTH HALF OF TIIE NOP,THLIEST QUART[P, OF SECTION
18, TOWMSHIP 4 SOUTH, RANGE 1f11•IEST, Itd THE RANCHO LOS COYOTE5, AS
SHOIJN ON A M~P RECQRDED IPJ POOY, 51, PAGE 10 OF N1ISCFLLAt4E0US MAP5,
IN THE CITY OF A~JAHEit1, COUi~lTY OF ORANGE~ STATE OF CALIFORNIFI, It!
THE OFFICE OF THE COUPITY RECORDER OF SAID C(1UNTY, DESCRIBFD AS
FOLLOI•!S : 6EG I P11J I IdG AT THE NORTH4IEST COR~IER OF LQT 23 OF TRACT N0.
6691, AS SHOIJN ON A ~4AP RECORDED IPl EOOY. 250, PAGES ~0 AP1D 21 OF
SAID MISCELLAMEOUS 11APS; TlIENCE ALOPJG TfIE PIORThIERLY BOUPlDARY OF
SAID TRACT PJO. 6h91 SOUTH 88° 58' On~~ WEST 293.68 FEET TO ThIE
~JORTHblEST CORMER OF TRACT tJO. 6691; THENCE ALOMG THE NQRTHERLY
PROLONGATIOP! OF THE WESTERLY DOUMDARY OF SAID TRACT I10. 66Q1 ~~OR7H
~~° 13' 46" 4lEST 210.00 FEET TO A LIPIE PARALLEL WITfi AND SOUT!1ERLY
66.00 FEET FROM THE PlORTlIEP,LY LIME OF SAiD SECTION 1~3; THEt~1CE
ALOfJG SA i D Pf\RALLEL L I NE NORTH 8F3a 58 ~ Op~~ EAST TO A P01 NT OF CUSP
WITH A CURVE, CONCAVE SOUTH[ASTEFLY, HAVING A Rl1D~US OF 25,00
FEET, SAID POIFIT ALSO BEING THE EASTERLY TERMItlUS OF TI1AT CERT.41M
CURVE DESCRIBED IN PARCEL 1 OF DEED TO THE C1TY OF AMAHEIM,
RECORDED JAPJUARY 30, 196g IN BOOK 8B(0, PAGE 223 OF OFFICI/1L
RECORDS OF SA 1`J ORn~~GE COUtdTY; TfIEMCE 50UTH41ESTF.RLY ALOMG SA I D
Cl1RVE, TfiROUGH A CE.PlTRAL ANGLE OF 89° SQ' 11" AN ARC DISTAh1CE OF
39.26 FEET; THENCF. COMTINUING ALON!; THE E.45TERLY LINE OF SA1D
PARCEL 1 SOUTH O1° Ol' 11" EAST 18~E.~7 FEET TO THE POIPJT OF
BEGINNIPJG.
WHEREAS, the City Pla~ning Commission did hold a puhlic hearing at the City
Hall in the City of Anaheim on April 21, 1~80, at 1;30 p.m., nottce of said public
hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Ptunicipal Code, Chapter 1£3.03, to hear and consider
evidence for and against said proposed conditional use permit and to investigate and
make f3ndings and recommendations in connection tfiere~•~ith; and
4JHEREAS, said Commisston, after due inspection, investiaation and study made
by itself and in its behalf, and afte- due consideration of all evidence a~d reports
offered at said hearing, does find and determine the follo~•ring facts:
1. That the pro~ose~i use is properly one for ~•rhi~h a conditional use
permit is authorized b~~ Anaheim 1lunicipal Code Section lt;,l~4.~Sp,01~ to permit on-
sale beer and ivine in an existing restaurant H~ith t~~aiver of:
PCu"n-69
SECTION i8•~6.060.0231_ p~inimum number of parl:ino spaces.
2 spaces required;
7~ spaces existing)
2, That the requested araiver is hereby granted on the basis that the
requested 4~aiver is minimal and that denial a~ould deprive the property of privileges
enjoyed by other property un~er idential ~onin~ classification in the vicinity.
3. That the proposed use a~ill not adversely affect the adjoining land uses
and the growth and development of tlie area in athich it is proposed to be located.
lt. That the size and shape of the site proposed for th~ 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, healtii, safety, and general welfare of tlie Citizens
of the City of Anaheim.
5. That the granting of the Conditional Use Permit under the conditions
imposed, if any, tUill not be detrimental to the peace, health, safety and general
t•~elfare of the Citizens of the City of Anaheim.
6. That the traffic ~enerated by the proposed use will not tmpose an undue
burden upon the streets and high~~ays designed and improved to carry the traffic in
the area.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence ~~as received in op~ositien to the subject
petition.
EhlVIROPIMENTAL It1PACT FINDIPlG: The Planning Director or his authorized
representative has determined that the proposed project falls a~ithin the definition
of Categorical Exemptions, Class 1, as defined in Paragraph 2 of the City of Anaheim
Environmental Impact Report Guideltnes and is, therefore, categorically exempt from
the requirement to prepare an EIR.
PlOW, TfIEREFORE, BE IT' RESOLVED that the Anaheirn City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following
conditions which are herehy found to he a necessary prerequisite to the prooosed use
of rhe subject property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1. That subject property shall be developed substantially in accordance
with plans and specifications on file i•rith the City of Anaheim marked Exhibit No. 1.
BE IT FU4TIiER RESOIVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant~s compliance with each and all of the conditions hereinabave set forth.
Should any such condition, or ar.y part thereof, be declared invalid or unenforceable
by the fina) judgment of any court of comoetent jurisdiction, then this Resol:.ition,
and any approvals herein contained, shall be deemeci null an~1 void.
THE FOREf01NG Re.SOLUTION is siqned and ap~roved hy me this 71st day of
Apri1, 1980. , ., •~
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~_ r_.:c~.i~<..,._~. /- /='4 ~r`.~,2_
CHAIRWQMAM, ANAHEIM CITY PLANNING COMh115SI0,i
ATTEST:
~ ~
` ~ ~ n /~
SECRE'~ , ~Y~L~'RNTNT;Z`a1~fT~5`~T6N -Z- PC3n-69
~
STATE OF CALIFORPIIA )
COUNTY OF ORAIdGE ) ss.
CITY OF AWAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution a~as passed and aclopted at a meeting of
the Anaheim City Planning Commission i~eld on April 21, i~~~, by the following vote of
the members thereof:
AYES: COt4111SS10~lERS: BARWES, BUSNORG, DAVID, FRY, HERRST, KINr,, TOLAR
NOES: COMMISSIO'~ERS: NOPIE
ABSEPJT: COM!115510tdERS: tdOtJE
Itd WITPaESS 41HEREOF, I have hereunto set my hand this 21st day of Aprit,
1980.
SECRETARY~tIA~ CI~ PLAFlPIIP!G COMMISSI0~1
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