PC 82-36.-.
RESOLUTI b,~ t~o. rr,s;2-~r
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!1 RESOLUTI Otl Q~' Tii[ A,JP.FIE I ~1 C I TY PL~.tl~l I NG C011"11 SS I(1t1
TIIAT PETITI~i! FnR Cn~•~plTlnt~nL U5[ PER~tIT t10. 23~3 R[ ~~~NTED
llIiEREA.S, the Anaheim City Plannin9 Commission di~1 receive a verified
Petition for Conditic+n~l Use Permit from NEP,P.ICf: l1!ID ,IlshllCF !!P.tlS~ll, 2~1 ~!ia Sin
Remo, 1letaport l3each, California, ^2~~3, o~•mer, and J~IRI PATTEItS(~~1, 31G 01yMpia
Place, Anaheim, California '~?%i~f,, anent, of certain real ~ronerty situated in
the Cit~i of M aheim, County of Orange, State of Califnrnia, described as:
L~T 13~ OF TR/1CT ~IQ. 1i1"1, ~S ${IQ'JN 011 ~, ~'!1F FCCO"DFII I~I Cf1~K 1S!,
PAr,E~ 21, 22, l111D 23 OF MISCELLAtlE~L'S t!~PS, r~rcnr~s ~~ Cf?~N~F.
C~UtlTY, C AL I~Of?Pl l A.
4INEREAS, the City Planning Commission did hel~f a punlic hearinn at the City
tiall in the City of /lnaheim on March ~', 1°"2, at 1:3~~ P.m.. nntice of said publie
hearing hiving been duly given as re~luired hv la~•~ and in acc~rdance o-~ith the
provisions of the Analieim Nunic~p~l ~oJe, Chapter 13,~3, to I~ear and c~nsider
evidence for and against said proposed conditional use permit and to investigate and
ma4:e findings and reconmendations in connec[ion therP~•fith; and
4111[RElIS, said Corimission, after due insnection, investigation and study nade
by itself an~i in its hehalf, and after due consideration of all evidence ~nd renorts
offe red at said hearing, does find an~i determine the foll~arin~ facts:
1. ihat the pro~osed use is ~ropr_rly one for a~hich a conditional use
permit is authorized hy Anaheim Hunicipal Code Section 1~3.1+~~.~5n,n1n t~ wit:t~ permit
on-sale alcoliolic bevera~es in a pro~osed restaurant.
2. That the proposed use :~~ill not adversely iffect the adjnininct land uses
and the growtl~ and development of the area in wl~ich it is pr~nc,sed to be t~cated.
3. That the size and stiape oF the site pro~osed for the use is adequate to
allaa the full development of the proposed use in a manner not detrimenCal to the
particular area nor to the peace, he~lth, safety, and ~ener~l orelF~re of the Citizens
af the City ~f hnaheim.
!~ That the granttng of the Conditi~nal l~se Permit under the conditions
imposed, if any, will not be detrimental to the peace~ health, s?fety and ~eneral
welfare of the Citizens of the Clty of llnaheir~.
5. That the traffit; generated hy the prnposed use 4~i11 n~t impose an undue
burden upon the streets and higln~~ays designed and inproved t~ carry the traffic in
the area.
6. That no one indicated their presence at said puhlic hearing in
opnosition; and th~t no correspondence ~•~is received in onp~sittnn to the sub.ject
petition.
[IIVIROIIMENTAL 119PACT FIPIDI~I~; That the ~mheim Citv Plennina Comr~ission has
revieweJ the p mposa to permit on-sale alcoholic beverages in a proposed restaurant
on a rectanc~ularly-shaped rarcet of l~nd consisting of anprnximately 1,5 acres
PC82-36
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located at the northeast corner of Orangethorpe Avenue and Post Lane ~5~1? East
Oran9ethorpe /lvenue; and does hereby a~prove the ~Jeg~tive Declaration from the
requirement to pre~are an environmental impact report on the :~asis th~t there ~~r~uld
be no significant indivirfual or cumulative adverse environme.ntal impact due to the
approval of tliis tlegative Declaration since the Anaheim f;ereral Plan designates the
subject property for general commercial land uses commensur~te arith the proposal;
that no sensitive environmental impacts are involved in the ~roposal; that the
Initial Study submitted b~ the petitioner indicates no si~nificant individual or
cumulative adverse environmental impacts; inrl that the IJeqative Declaration
substantiating the foregoing findings is on file in the City of Anaheim Planning
Department.
IJOiI, TfiER[FORE, GE IT 4ESOLVED that the /lnaheim f'ity Planning Commission
does hereby grant subject Petition for ;onditional Use Permit, up~n the folicx~~ing
conditio~s a~hich are hereby found to be a necessary prerequisite to the pronosed use
of the subject property in order to preserve the safety and general ~•~elfare of the
Citizens of the City of Anaheim:
1. 7hat the owner(s) of subject ~ro~ert;~ sh~ll pay to the City of Anaheim a
fee, in an amount as determined by tf~e City Council, f~r tree nlanting
purposes aiong Orangetliorpe llvenue and Post Lane.
2. That subject ~roperty shall be developecl substanti~lly in accordance with
plans and speciFications on fite o-iith the City of Anaheim mari<.ed Fxhi6it
tlos. 1 and ?_.
3. That the a~•mer(s) of suh_ject property shall submit a letter reouestii~q
termination of Conditional Use Permit tlo. 1753 to the City Council.
4. That Condition IJos. 1 and 3, above-mentioned, shall he com~lied with ~rior
to the commencement of the activity autl~orized under ~his resolution, or
prior to the time that the building permit is issued, or ~vithin a period of
one year from date hereof,~•~hichever occurs first, or such further timP as
the Planning Commission rtk-~y grant.
5. That Candition t•lo. 2, above-mentioned, sh..+ll he comniiecJ~•iith prior to final
building and zoning inspections.
DE IT FURTfIER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this ReGolut~on is expressly predicated uron
applicant's compliance with eech and all of the conditions hereinabove set forth.
Shou',d any such condition, 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 coniained, shall be deemed null and void.
TI1E FOREGOIhlC RESOLUTIOh! is signed ancl apnroved hy me this 3th day of March,
14$2.
1~ ~ 1~~~
C~if~i RM~N, P,PIAHE I ~1 C ITY PLAtINI tlr, COMMI SS I ON
ATTES T:
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SECRETARY, AFIAHEIPI CI'fY PLAtJtJIIJG COPIMISS101!
-2- PC82-36
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ST~1TF. (1F Cl1L I FORIJ I,~ )
COUMTY OF QRAt1r,E ) ss.
Cil'1' OF A~Jqif[Iti )
I, [dith L. liarris, Secretary of the Analieim City Planning Commission, do
hereby certify that the foreqoinq resolution ~•~as passed and adopted at a meeting of
the Anaheim City Planning Commissinn held on ~1arch R, 1°^2, hy the foilowin9 vote of
the members thereof:
AYES: CO~~I~ISSIO~lERS: BARNES, D~UAS, BUSHORE, FRy, HER6ST, ICING, MC QURpI[Y
NOES: COMFIISSIOPlFRS: hlOtdE
ABSENT: CQMt41 SS IOtI[RS: NONE
IPl',IITPJESS t•ltIEREOF, I have hereunto set rm• hand this ?th day of March, 1987..
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SECR[TARY, AI9AHEIM CITY PLFlNFUPl~ C0~1~11SSIf1N
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