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PC 82-176,:r~~ ~,. RESOLUTION NO. PC82-176 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2365 BE GRl~NTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from RAYMOND G. SPEHAR, ET AL., 6937 Avenida de Santiago, Anaheim, California 92807, owner of certain real property situated in the City of Anaheim, County of Oranae, State of Califcrnia, described as: PARCEL 1, IN THE CI:Y OF ANAHEIM, COU'rITY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP i2ECORDED IN BOQK 75, PAG~ 23 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID 022ANGE COUNTY. WHEREAS, the City Planning Commission did h~ld a public hearing at the City Hall in the City of Anaheim on September 8, 1982 at 1:30 p.m „ notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 1R.03, to hear and consider evidence for and against said proposed conditional use perau.t and to investiqate and make findings and recommendations in connectiun therewith; said public hearing having been continued to the Planning Commission meeting of September 20, 19II2; and WHEREAS, said Commission, after due inspection, investigation and study 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 following facts: 1. That the proposed use i.s properly one for which a condi+_ional use permit is authorized by Anaheim Municipal Code Sections 18.44.050.020 and 18.44.050.300 to wit: To permit on-sale alcoholic Severages in a semi-enclosed restaurant. z. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3• 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 Citi~ens of t:ze City of Anaheim. 4• That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, h•~alth, safety and general welfare of the Citizens of the City of Anaheim. 5• That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 0225I PC82-176 a `~ ~ 6• That no one indicated their presence at said public hearing in opposition; and that no correspondence was received i~i opposition to the subject petition. ENVIRONMENTAL IhLDACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit on-sale alcoholic beverages in a semi-enclosed restaurant on an irregularly-shaped parcel ei land consisting of' approximately 273 feet on the south side of La Palma A~•enue, and further described as 5750 East La Palma Avenue; and does hereby approve the Negative Declaration Prom the requirement, to prepare an~Anvironmental impact report on the basis that there would be no significant individual ar cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property general commercial land uses commensurates with the proposal; that no ~ensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in t}ie City oi Anaheim Planning Department. NOW, THEREFORE, g~ IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in arder to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That street lzghting facilities alo;~,3 La Palma Avenue s'~all be installed as required by tlie Office of Utilities General Manager, and in accordance with specifications on file in the Office of the Office of Utilities General Manayer anfi/or that security in the form of a bond, certi.ficate of deposit, letter of credit or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the satisfactory installation of the above-mentioned improvements. Said security shall be posted with the City prior to approval of building permits. The above-required improvements shall be installed grior to occupancy. 2. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896), in an amount as determined by the City Council, for coatmercial buildings prior to the issuance of a building permit. 3. That fire hydrants shall be installed and charged as required and determined to ne necessary by the Chief of the Fire Department prior to co-r~tencement of st:•uctural framing. 4. That appropriate water assessr.~ent fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim prior to the issuance of a building perm:t. 5. That the proposed restaurant shall comply with all signing requirements of the Scenic Corridor Overlay Zone. 6. That a trash storage area shall be provided on-site per recommendation of the Street Maintenance and Sanitation Department. -z- ..,3>-1)6 ~:1 ~°~ 7. That the owner(s) of subject property shall submit a letter requesting termination of Conditional Use Permit No. 1557 to the Planning Department. 8. That subject property shall Se developed substantiaily in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 6. (Revision No. 1) 9. That Condition Nos. 1 and 7, above-mentioned, shall be complied with prior to the commencement of the activity authorized under thi~ resolution, or prior to the time that the buildinq permit is issued, or within a period of one year frc+m date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 10. That Condition Nos. 5, 6 and 8, above-mentioned, shall be complied with prior to final building and zoning inspections. SE IT FURTHER RESOLVED 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 hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 20th day of September, 1982. C I ~ ANAHEIM CITY PL NG COMMISSION ATTEST: ~~[.C-LGv ~( ` ~LY~Q~LL~.e/ SECRETARY, 21N11AEIM CITY PLl,NNING C02dFII55I0?d STATE OF CAL7FORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANBHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Comatission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Ana`ieim City Plannina Commission held on September 20, 1982, by the following vote of the members thereof: AYES: COMMISSIONRRS: BOUAS~ BUSHORE~ FRY~ HERBST, KING, LA CLAiRE MC HUFtNEY NOES: COMMISSIONERS: NONE AHSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of September, 1982. - ~~L-~~ ~ lYKL~.t-%i~ SECR~TARY, ANAHEIM CITY PLANNING COMMISSION -3- PC82-176