PC 82-1; ~.
RESOLUTI~M ~I~. PC32-1
A RESOLUTI0~1 OF TIIE ANAH[IM CITY PLANMItJf Cn~~MISS10'1
THAT PFTITIOM FOR COPIDITIO~iAL USE PERMIT N~. ?7_84 !3F GRANTFD
WHFREAS, the Anaheim City Plannin~ Commission did recrlve a verified
Petition f~r f,onditional Use Pernit from Joseph Di Ruqgiero, et al, ~~~~~ Spencer
Street, Torrance, California, ~OSQ3, rn•mer, of certain real property sltuat~d
in the City of Anahein, County of Orange, S*ate of Califnrnia, dcscribed as:
THE LAF1D REFERRF.D TO I~d TFIIS REPORT IS SITIIATE~ I~! Tf!F STl1TF OF
CALIFORFIIA, CnUtt'fY OF ORAilr,E AND IS DESC?IRFq AS FOI.LOl15:
LOTS 1, 2, 3 A+!fJ 4 OF TRACT 27~1 , I tl T~iE C 1 TY OF !1~'.4NF I'1, AS PFR
MAP RECORDED Itl BOOK 115, rAGE 5 A~lD h OF MISCFLLANE~U~ ~1APS, It•!
THE OFFiCE OF THE COU"!TY RECOP,DER OF SAID CO1I~JTY,
1~lHEREAS, the City Plannino Cor~mission did f-,old a puhlic hearinp at the Civic
Center in the City of Anaheim on becemher 2~, 1931, at 1:3!1 p.m., notice of said
puhl ic iiearing having 5een duly given as required by lai•~ and in accordance ~dith the
provisions of the Anaheirr Municipai Code, Chapter 13.'13, to heir and consider
evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection there~•!ith; said public hearina having
been continued to the Planning Commission meeting of January 11, 1pO,2; and
IJHERFAS, said Commission, after due inspection, investiaation and study made
by itselF and in its beha)f, and after di.ie c~nsideration of all evidPnce and reports
offered at said hearing, does find and determine the folloa~in~ facts:
1. That the proposed use is properly one for ~rhich a c~nditional use
permit is authorized hy Anaheim Municipal Code Section 1~'.~EA,~50.~tn to wit: To
permit a cocl;taii ioun9e in the CL (Commerciaf, Limited} zone ~~rith ~,~aiver of;
SFCT10~1 i°.OC;.~b0.0232 - Minimum numher of parking spaces
1~0 spaces required; (1 snaces proposed)
2. That the proposed use is nerehy granted f~r a period of one (1) year,
subject to review by the Planning Commission upon ~•iritten renuest from the pet~tioner
for possThle extension of time,
3. That because of nearby residences, the use is granted subject to the
petitioner's stipulation at the public hearing that any live music shall he limited
to a ptanist.
!~. That the requested waiver is hereby granted on the basis that the
petitioner indicated at the puhlTc hearing that many of the patrons are expected to
be walic-in custaners from the surrounding neighborhood and on the basis of the
location and surroundings of subject property.
PC32-1
5. That the proposed use, as granted, wilt nr,t adversely affect the
adjoining land uses and the gro~•~th and dE~velo~ment of the area in ~~~hich it is
proposed to be locate~l.
5. That the size and shane of the site prooosed for the iise, as granted,
is adequate to allo~~~ the full development of the orop~sP; use in a manner rsot
detrimental to the particular area nor t~ the peace, h~~~lth, sa.`ety, and general
welfare of the Citizens of the City of Anaheim.
7. That the granting of the Conditional Use Permit under the conditions
imposed, if any, ~ti~ill r,et he detrimental to the peace, health, safety and neneral
welfare of the Citizens of the City of Anaheim.
B. That the traffic genPrated hy the prc+nosed use ~rill not impose an undue
burden upcn the streets and highways desi~ned and improved to carry the traffic in
the area.
9. That no one indicated their presence ~t said puhlic hearinq in
opposition; and that no correspondence ~•~as received in opoosition to the subject
petition.
EN1,~IR~NNENTAL INPACT FINDI~lG: That the Anaheim City Pl~nninn Commisston has
revie~•~ed the proposal to oermit a cocktail loiinge in the CI_ (Commercial, Limited)
zone witii waiver ~f minimum numt,er of parking spaces on a re~tangularly-shaped parcet
o` land consistinn of approximatrly 0,~ acre located at th~ southeast corner of
Colchester Drive and Colony Street, (223~1 West Colr.hester Drive); and does hereby
approve the PJenative Declaration from the requirement to preoare an envirnnmental
impact report on the basis that there ~~ould be no .igni`icant individual or
cunulative advers: environmental impact due to the aopr~val of this Negative
Declaration since the Anaheim General Plan designates the suhject pr~pertv for n?dium
density resident~al la~d uses commFnsurate ~~~ith rh~ nr~no~~1; t~a* n~ sensftive
environmental impacts are tnvolved in tlie proposal; that the Initial Study submittect
by the petitioner indicates no signlficant individual ~r cumulative adverse
environmentai impacts; and that t`ie tdegative Declaration suhstantiating the foregoing
findings is on file in tiie City of Anal~eim Planninc~ Department.
?IC~I,I, TNFREF~RE, BE IT RFSOLVCD that the Anaheim City °lanning Commission
does hereby grant suf~ject Petition for Conditional Use Permit, upon the following
conditions which are hereby found to be a necessary prerequisitc to the propo,ed u~e
of the subject prnperty in order to preserve the safety and general ~•ielfare of the
Citize~s of the City cf Anaheim:
1. That trash storage areas shall he rrovid~d in accordance ~•rith aporoved plans
on f i 1 e~~~i th the Off i ce of the Execut i ve D i rector of Pub 1 1 c lJori;s.
2. That the o4m er(s) of sub~e~t property shall submit a letter reauPSting the
termination of Conditional Ilse Permit Pio, 16(2 to the Planning 7epartment.
3. That suhject ~roperty shall be develo~ed suhstantially in accordance ~vith
plans and speciflcatlons on file ~~ith the City of llnaheim marl;ed Fxhtbit
Nos. 1 a~d 2.
4, Tliat C-1 deed restrictions limiting uses on suhject rroperty to commerctal
and professional business offices shall be rescinded, The owner(s) of
subject prnperty shall suhmit any necessary documentation to the city to
process the recision.
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/~' .
S. That Condition tJ~~s. 2 and ~E, abov~-mentionecJ, shall be comnliecl with pr(or
to the comnencement of the ~ctivity authorized undr,r this resolutian, or
prior to the time that thc building permit is issued, or ~•~ithin a period of
one year from date hereof, ~•rhichever occurs f(rst, or such further time as
the Planning Commission may grant.
6. That Condition Nos. 1 and 3, above-mentioned, sha11 be complied with ~rior
to fi~ial I~uildino and zonino inspections.
7. That ir, order to d~ternine ti•rhether any adverse effect ~•~ill result from the
granting of the proposed use, the Planning Comnission qrants satd use fc~r a
period of one year, after ~•ihich [ime and up~n t•~ritten re~uest hy the
petitioner, consideration may be given ]S to whether or not the use should
be axtended.
8. That any livn nusic shall be limited to a pianist.
EiE IT ~'(tRTHER P,FSQ~I+F~ that the Anaheim City Plannino Comnisstrn does hereby
find and deterMine that adoption of this Resolution is e>:~rrssly predtcated upon
applicant's compliance ~•~ith each and all of the conditions hereinabove set forth.
Should any such cor,r~ition, or any part thereof, be declared invalid or unenforceable
by the final juogment of any court of comoetenr. jurtsdiction, then this Resolution,
and any approvals herein contained, shall he deemed null and void.
Tt~E FOP,EGOINr, RcSOL!iT10"1 is signed and anproved by me this 11th day of
~anuary, t~ih?,
ATTEST•
~p^ ~~1I „~~ ~~5~
CHA I RMAN, A~lAHE 111 C I TY PLAPiN I iir CO"1M I SS I QFt
~ a~/~,
(4 ,Q/ l~ + /~L~in_ ~
SECRET!1R f, AIlAHE I!1 C ITY PLAt1Pd I rIG C(1t1r11 SS I OM
STATE OF CAL I FORPI IA )
COUFJTY OF ORAP~f;E ) ss.
C ITY OF A~lAf1E I H )
i, Edtth L. Flarris, Secretary of the Anaheim Citv Planning Commissicsn, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on Januarv 11, 1~£~?, hy the foliowinq vote
of tiie memhers thereof:
AYES: COMHISSIO~IERS: EiARF1FS, BOIIpS, FRY, HERPS7, KIPl~, h1C BUR'iEY
NOES: CDMMISSIONERS: I3USHORE
ADSENT: COMMISSIOPIERS: PlONE
~~~ WITIIESS 4lf1ERE0F, i have hereunto set ny hand tl~is ltth day of January
1982.
(~n ~C.~",~ ,~~ ~ ~.~ , ~
SECRETARY', ANAHEIM CITY PLANNING COMMISSION
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PC32-t