PC 82-59~
RESOLUTION PdO. PCi32-59
A RESOLUTIOid Or THE APlAHEIM CITY PLANMItdG COMMISSION
TI1AT PETITlO~ FOR COiJDiTIO~~AL USE PERI•11T tJO. z3~5 l3E GRAIJTFD
WtiEREAS, the Anaheim City Planning Commission did receive a verified
Pet i t i on for Cond i t i ona 1 Use Perm i t f rom AIJANE 111 I i•lVESTPIENTS , P. 0. Dox 1 1 16,
Goleta, California, 93017, owner, and CRISTODA! C[RVANTES, l+Ei6 N. Noble Stteet,
Orange, California 92G6g, agent, of certain real property situated in the City
of Anaheim, County of Orange, State of Caiifornia, described as:
TNE SOUTHERLY 249.75 FEET, M[ASURED FROM THE CENTER LItJE OF
SYCAI•tOARE STREET, LYIIJG WESTERLY OF A LIIJE PARALLEL 4JITH AND SOUTH
74 31' 10" WEST ~315.00 FEET FROM THE EASTERLY LIIJE OF LOT 1 OF
ANAHEIM EXTEtJSI01J, IN THE CITY OF A^IAIlEll1, COUPITY OF ORANGE, STATE
OF CALIFORtJIA, AS SHO~lfJ Oq A MAP OF SUR`JEY 11ADE [iY WILLIAM HAMEL
It~ III68 AMD FILED FOf: RECORD IPJ LOS ANGELES COUNTY, A COPY OF
WHICH IS FILED IN TIIE OFFICE OF THE COUNTY REC~RDER OF ORANGE
COUtJTY, 0(J PAG[S 163 ET SEQ. OF SOOIC 3 ENTITLED LOS ANGELES COUNTY
11APS.
EXCEPT TfiE SOUTHERLY 30.00 FEET, MEASURED FROM THC• CEPlTERLIPIE OF
SYCAMQRE STREET.
WfiEREAS, tl~e City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on April 5~ 1981_, at 1:30 p.m., notice of said public
hearing having been duly given as required by ta~a and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 13.03, to hear and consider
evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHERCAS, said Commission, afCer 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 is properly one for which a conditional use
permit is autliorized by Anaheim Municipal Code Section 1£3.4~i.050.010 to wit: to
permit on-sale beer and wine in an existing restaurant.
2, Thet the proposed use is hereby granted subject to the condition ;.nat
the existing outdoor eating table shall be permanently removed because such a use is
not permitted witi~out a duly noticed public hearing.
3. That the proposed use is hereby granted subject to the condition that
the rear doors sh:all remain closed during regular business hours.
l~. That the proposed use wiil not adversely affect tha adJoining land uses
and the growth and developr,:ent of the area in which it is proposed to be locaked:
5. That the size ard shape of the site propos~d for the use is adequate to
allow tlie full develnpment of the proposed use in a manner not detrimental to tf~e
parttcular area nor to the peace, healtFi, safety, and general welfare of the Citizens
of the City of Anaheim.
PC82-59
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6. 7hat the granting of the Conditional Use Permit under the conditions
imposed, if any, will not I~e detrimental to tl~e peace, health, safety and general
welfare of the Citizens of tlie City of Anaheim.
7. That the traffic generated by the proposed use ivill not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area.
~3. Tiat one person indicated his prrsence at sald pub)ic hearing in
opposition; and that no correspondence was received in opposition to the su5ject
petition.
ENVIROPlMENTAL IMPACT FINDING: The Planning Director or his authorized
representative has determined that the proposed project fa11s within the definition
of Categorical Exemptions, Class 1, as defined in the State EIR GuidelinES and is,
therefore, categorically exempt from the requirement to prepare an EIR.
tJ01•/, TIIEREFORE, BE IT RCSOLVED 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 order to preserve the safety and general welfare of the
Citizens of the City of AnaFieim:
1. That trash storage areas shall be provided in accordance ivith approved plans
on file with tlie Offic~ of the Executive Directnr of Public 4lorks.
2. That tlie southerly driveway on East Street and the westerly driveway on
Sycamore Street be closed and replaced with curb, sidewalk, and gutter and
the remaining driveways be realigned in accordance with the recommendation
of the City Traffic Engineer.
3. That the existing on-site customer parking area shall be restriped to
provide for a minimum of 75 parking spaces in conformance with Code
standards; and,further,said restriping configuratton shall be subject to th?
revieio and approvaf by the City Traffic Engineer.
4. Tliat subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
1•7os. 1 and 2, provided, however that the outdoor eating table shall be
removed unless and until a duly noticed public hearing is conducted and
approval is granted for >aid outdoor uses,
5. That the owner(s) of subject property shall submit a letter to the Planning
Department requesting the termination of Conditional Use Permit No. 1409.
6. That Condttion Nos. 1, 2, 3, 4, and 5, above-mentioned, shall be completed
within a period of sixty (60) ~ays from the date herein.
6E IT FUR'ffi[R 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 condittons hereinabove set forth.
Should 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 contained, shall be deemed null and void.
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ATTEST:
~6I.[.("/~i~ ~ i~C~l~1.. ~ •
SECRETARY, ANAHEIh1 CITY PLAtJNING COMMISSION
STATE OF CALIFORNIA )
COUP~TY OF ORAWGL ) ss.
r,ITY OF ANAfiEl~4 )
~, Edtth L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that Yhe foregotng resolution was passed and adopted at a meeting of
the Anaheim City Planni;~y Commission held on April 5, 1982, by the following vote of
tfie members thereof:
AYES: C0~1111SSIO~VERS: [3ARtdES, BOUAS, BUSHORE, FRY, HERBST, KING, MC BURNEY
NOES: COMMISSIOi•IERS: NGNE
ABSENT: CQMf11SSI0NERS: NO~JE
TfIE FGREGOING RESOLUTIOtJ is signed ard approved by me this Sth day of April,
~N WITPlESS WFiEREOF, I have hereunto set my hand this 5th day of April, 1gB2,
~,~1~ ,~ ~~
SECRETARY, ANAHEIN CITY PI,qNNIDIG COMMISSION
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CNA I R~tA~V, AtlAHE I M C 1 TY PLANy I NG COMIi I SS I OW
PC82-Sg
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