PC 81-137RESOLUTI0~1 f10. PC~;1-1.i7
A P,ESOLl:T10~1 OF TII[ n~~nii~iri CI~iY PLAtlIII~1G C01^J11SS1011
TI111T PETITIO~! FCR COIJDIT1011,1L USE PER~II ~ ~10. %_7..'.% [3~ GR~tITGfi
1~111ER[AS, tlie Analieim City Planninq Commission diu receive a verified
Petition for Conditional Use Perrnit frorn L~K[VIEI•1 PLA7A I~lV[STtiE~li CO., LTD.,
161 Too-~n anci Country, Orange, ~alifornia '?2C,~w, o~:~ncr, and ItACAP,TfIUR'S 13E'fSY
ROSS, ~~u~F PJort~i Lakevicv~ l~venue, Flnaheim, California 923~'l7, ~ttention Gary
MeArthur, a~ent, of certain re~l properCy situat~d in the City or /lnaheim,
County o` Orange, State of California, descrihed as:
Parcel 2, in the City of ~naheim, as sha•~n on a map recorded in
t3ook 110, Payes ~!~i and 1E° of Parcel tlaps, in the office and the
County Recorder of s~i d County.
1dIicREAS, the Cicy Plannin9 Commission did heid a public heariny at the Civic
Center in the City of Anaheiri on June 1~, 1`131, at 1:30 p.m., notice of said public
hearing havin9 been duly given as required by la~~i and in accordance with the
provisions of the Anaheim 1lunicipal Code, Chapter 1~.~13, to hear and consider
evidence for and ag~inst said preposed conditional use permit and to investigate and
maF;e findinys and recommendations in connection there~~~ith; and
4!!IEREAS, said Commission, after due ins~ection, investigation and study made
by itself and in its behalf, and after due cor~sideration of all evidence and reports
~ffercd at s~id hearin9i does find and dctermine the folla•iing facts:
1. That the proposed use is properly one for which a conditional use
permit is authorized by llnaheiri Municipal Code Section 1&.t+4.050.010 to ~~1it: To
permit on-sale alcoholic beverages in an er,isting rest~urant witl} a~aiver of:
SECTIOIJ 13.OG.0G0.0232 - Minimum number of parl:inq spaces.
~~93 spaces required; 15G spaces existir.g)
2. That the proposed usc is hereby granted subject to the petitioner's
stipulation at the public hcaring to install a sign indicating parl;ing is available
at the rear of the cemple:c and also to insure that employees park in designated
employee parking spaces.
3. That the abovc-mentioned a~aiver is hereby yranted on the basis that due
to the variety of businesses in the shopping center, customers' needs for parking
will vary; that most ef the other businesses will be clcsed during this restaurant's
peak hour demand for parl:ing, and that the request is r~inimal.
!t. That the proposed use ~:~ill not adversely affect the adjoining land uses
and th~ gratith and developrn~nt of tlie area in ~ahich it is proposed to be l~cated.
5. Th.~t the size and shape of the sitc proposed for the use is adequate to
alla•~ the full develo~r~ient of the proposed use in a mann.~r nat detrimentai to the
PC8l-!37
particul~r arei nor to the peace, health, safety, and general v~elfare nf the Citizens
of the City of Anaheim.
~• That tne r,rantinq of the Conditional Use Permit under the conditions
imposed, if any, ti•~ili not be detrimcntal to thc pcace, hcaltli, safety and general
~•+elfare of thc Citizens of thc City of Anaheim.
7. That the tr~ffic qenerated by the proposed use ~•~ili nct impose an undue
burden upon the streets and liiyhirays designed and inproved t~ carry the traffie in
the area.
P. That no one indicated their presence at s~id public hearing in
opposition; and that no co~respondence was received in oppositier~ to the subject
petitiun.
Et1VIR01J~fEtIT~L l~1PACT FIt1DII;G: The Plannin~ Director or fiis authorized
representative has determined that the pro~osed oroject fal}s ~•iithin the definition
of Categorica) Exemptions, C~ass 1, as defined in the State EIR Guidelines and is,
therefore, cate9orically exempt from the reyuirement to prepare an E1~.
~~~~~~, TIiEREFOR[, 6E IT RESOLVE~ that the /lnaheim City Piann~n~ Commission
does hereby c~rant subj!~c*_ P~tition for Conditional Use Permit, unon the foll~•ring
conditions o~hich are hereby Pound to ue a necessary prerequisite to the proposed use
of the subject pro~erty in order to pre~<~rve the safety and ~er.erat 4~elfare of the
Citizens of the City of Anaheim:
1. That the or~ner(s) of subject property shall submit a letter requestiny
the termination of Conditional Use Permit Flo. 2005 to ~he Planning Department.
2. That subject property shall be developed substantially in accordance
t'~~th plans ~n~ specifications on `i1c aiirh rh.. r;-,. _r ,
throuc~ii j. -~ _, ~, „~~~I~ci~~~ ~,~~3ri:r,a txhibit Nos. 1
3. That Gondition Plo. 1, above-mentioned, shall be complied a~ith prior to
the commencement of the activity authorized under this resolution, or prior to tlie
time th~t the buildin~ ~erinit is issued, or ~•i~thin a period of one ye~r from date
hereof, whichever occurs first, or such further time as the P]anning Cor,mission may
grant.
1E• That Condition No. 2, above-menti~ned, shali be complied a~ith prior to
final building ancl ;oning inspections.
B[ I'f FURTIIGR R[SOLVFL that the /lnaheim City Planniny Commission does hereby
find and determine that Lhe odoption of this Resolution is expressly predicated upon
~^riicant's cnnp~i~nce a~ith each and all of the conditions hereinabove set forth.
Should any conditi~n ~~r any p~rt thc:r~or`, be declared invalicl or unenforceable by the
finei judgment of any eourt of conpetent jurisdi~tion, ~hen this Resolution, and any
approvals herein cont~inecl, shall be deecied null anc! void.
Ti1E FUR(:GOI I1G R[SGLUTI Otl i s s i gned and approved by me T.h i s 15th day of June,
19~~1 .
ATTEST: ~ ~~ ~~c.o.~-.s-
~~ ~ CHAIRMAN PR~ TEMPORE
1~~L~ ANAHEIM CITY PLANNING COPiMIS;ION
SECRETAftY, qNAHEIM CITY PLANNING C SION-2-
PC81-137
ST~TE OF CP~LI FORIIIA )
COUtJTY 0~ OP,~IlGE ) ss.
CITY OF l~NAH[Itt )
I, [dith L. ~larris, Secretary of the Anahein City Pianninr, Cornmission, do
hereby certify that th° foregoing resolution o~as passed and adoptecl at a meeting of
the Arr~hcim City Pl~nnin~i Commission he1J on J~me 1~, 1~~1, at 1:3!1 p.m., by the
follc~~~in~ vote of the rnenters thereof:
AY[S: COh1MISSIOilERS: BP~RilES, DOUAS, 6USii0RE, FRY, HERf3ST, I:IlJG
IJOC-S : C011t11 SS I OtIERS : NOt![
ABSEtJT: COhiI~IISS10PlERS: TOLl1R
li! WITtJ[SS 4lIIEREOF, ! have hereunto set my hand this 15th day of June, 1931.
L '~~~
~ /`Y-.`.L~ if /~
SECRETAiY, f~tJ/;HEIht CITY PLAtl~llilG COt411SSI0P1
-3- ~C81-137