PC 82-69,--.
RL•SOLUTIOI! '10. PC£~2-G)
A RESOLUTIDI! OF TIfE !1'IAI1E111 CITY PLAFI"11~1G C~~1M15510~1
THAT f'ETITIOtI FOR C0~l~ITIO'!AL USE P[R111T II~, 2307 13~ G't/1'lTFD
Wfi[R[/1S, the Anaheim City Plannin!1 Commission di~i receive a verified
Petition for Conditional Use Permit from MAURICE PltlTO, P. 0. [30X 3~E21, Anaheim,
Cal i fornia, 32t303, o~Jmer, ~nd LU'L ELEtJA Gl1RCIA, 1G57 Bre~ 6oulevard, Ful lerton,
California 92635~ agent, of certain rcal property si[uated in the City of
Anaheim, County of Orange, Statc of California. described as:
TNE SQUTHERLY tU0.0~) FEET OF TIIhT PORTIOtI OF LOT 27 OF ANAHE119
[XTE~~SION, ItJ THE CITY OF ANAHEIM, COU"!TY OF ORAIIGE, STATE OF
CALIFORNIA AS SHOlli1 ON A ~qAP OF SURVEY GY WILLIAM HAHEL, A COPY OF
WfIICH IS SHO:•ll~ It~ Q001: 3 PAGES 162 TO 1G4 IIdCLU51VE OF "LOS
AWGELES COUNTY MAPS", ItJ THE OfFICE OF TH[ COU(JTY RECORDER OF
ORl1NGE COUiJTY~ CALIFORtIIA DESCP,IQED AS FOLL01•15:
6EGINNING AT TH[ POItJT OF I:JTERSECTIO~~ OF THE CE~lTER LINE OF
VERMO(!T AVEPJUE (FORHERLY [3ROAD STREET) WITII TIIE Cf_tITER LIPIE OF
PAl.r1 STR[ET; TfIEPICE NORTHE/15TERL.Y ALOhlG TNE CEI~TER LI"JE OF ~IERMONT
AVEIJUE 1Ci2.09 FEET; TtfEt~CE SOIITfiEASTERLY PARALLEL WITN THE
EIISTERLY L I t~E OF TI1E PARCEL OF LAND DESCRI [~[D I W CERTI FI CATE OF
TITLE N0. 7725 ItJ TIIE UFFICE OF TI1E REGISTP,AR OF TITLES OF SAID
ORA:JGE COU?!TY AND THE EXTE~dS I ~!J OF SA I D L I NE, 2S7 FEET; THENCE
SOUTHUESTERLY PAR/1LLEL IJITH THE CFtlTER LINE OF VC•RMO~~T AVEPaUE
162.0) FEET TO A POIt~T Itd THE CFNTER LI?!E OF PALP1 STREET; THENCE
NORTHWESTERLY A1.0~lG T4E CEPlTER L1~7E OF PALI1 STREET ~;7 FEET TO THE
POINT OF BEGINNING.
EXCEPTIIdG TfiE PORTION INCLUDED 1~! VFP,MQPJT AVEhJUE AIJ~ PALM STP,EET.
ALSO EXCEPT TliAT PORTIO'1 DESCRIBED Ifl CERTIFICATE N~. 2GG68 Iti THE
OFF I ~ E OF THE REG I STRAR OF TI TLES OF SA I D OP,APlGE C(1U"JTY, SA I D
LAFlD IS INCLUDED WITHiN THE AREA SNOWN O~I A MAP FILED IrJ DOOK 11
PAGE 44 OF RECORD OF SURVEY It~ THE OFFICE OF TIiE COUIJTY RECORDER
OF SA I D COUfJTY.
IJHEREr1S~ the City Planning Commission did hold a puhlic hearing at the City
tlall in the City of Anaheim on March 'L'2, 1932, at 1:3~ p.m., notice of said public
hearing havin~ been duly given as required by liw and in accordance with the
provisions of the Anaheim Ftunicipal Code, Chapter 1$.03~ to hear and consider
evidence for and against said proposed condi[ional tise permit and to investigate and
make findings and recommendations in connection tliere~aith; said public hearing having
been continued to the Planning Commission maeting of April 19, 1~32; and
WIIEREAS, said Commission, after due inspection, invr_stigation and study made
by itself and in its behalf, anJ after due consideration of ~11 evirfence and reports
offered at said hearing, does find and determine the foil~•~ing facts:
1. That tlie proposed use is properiy onr, fnr ~~~hich ~ c~n~iitinr,al use
permit is authorized by Anaheim Muntcipal CoJe Secti~n 1?.4G.050,Q10 to wit: to
permTt on-sale beer ancl wine in an existin~ restaur;nt.
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2. That the proposed use will not advr.rsely affect the adjoining land uses
and the gr~~•rt!i and dcvelopment of the area in +~~hir,h it is pr~posed tn be located.
3. That the size and shape of the site proposed fr~r the use is adequate to
allo~~u the full devclopment of t'ie proposed use in a manner not detrtmental to the
particular area nor to the neace, health, saf~ty, and general weltare of the Citizens
oF the City of Anaheim.
~}. That the 9ranting of the Conditional Use Pernit under the conditions
imposed, if any, tioill not be d~trimental to the peacr, health, safety ancl genr_ral
welfare of the Citizens of tlie City of Anal~eim.
5• Tt~at the traffic yenerated by the proposed use ~~ill not impose an undue
burden upon the streets and highways desi9ned and improved to carry the traffic in
tlie area.
~. That ~~ persons indicated ttieir prr_sence at the M3rch 22, 1982 public
hearing in opposition; and no one indicated their presence at the April 19, ~~32
public hearing in opposition; and that no correspon~i~nce fias receive~l in opoosition
to tlie subject petition; and approximately 20 persons indicated their presence at both
public hearings in favor of the request.
EIJVIRO!~HENTAL IFIPACT FI~JDING; The P~annin9 DirPctor or his authorized
representat~ve has determined that the proposed project falls within the definition
of Categorical Exemptions, Class 1, as defined in the Statr_ EIR Guidelines and is,
tltierefore, categorically exempt from the requirem~nt to prepare an EIP,.
~~~W, THEREFOP.E, QE IT RESOLVED that the Anaheim City Planning Commisslon
does hereby grant subject Petition for Conditional Usc Permtt, uoon the following
conditions ~ahich are hereby found to be a necessary prerequisite to the proposed use
of the subject property ' ordcr to preservc the safety and general welfare o`• the
Citizens of tlie City of Anaheim:
1. That street lighting facilities along Harbor 6oulevard shall be installed as
required by the Officr_ of !lLilittes Gcrterat t~ianager~ and in accordance with
specifications on file in the Office of Utilities General ~1anager; and/or
that a bond, certificate of deposit, letter of credit. or cash, in an amount
and form satisfactory to the City of Anahcim shaii ::,~ posted wtth the City
to guarantee the installation of the above-mentioned requirements prior to
occupancy.
2. That the owner(s) of subject property shall pay to the City of Anaheim a
fee~ in an amount as determined by the City Council, for tree planting
purposes along tlarbor (3oulevard,
3. That apprupriste watcr assessment fces as determined by the Offlce of
Utilttes Gencral Hanager shall be paid to thc Ctty of Anaheim.
4. That tl~e o~aner(s) of subjec[ pr~perty shall submit a letter requesting the
terinination of Vartance No, 21+0 ancl tiG4 to the Plannin~ Dep~rtment.
5. That Conditton Wos. 1[hrough 4 abovc-mentioneci, shall be completed within a
period of sixty (GO) days from the ~iate herein.
6. That the h~~urs of opera[ton sha11 be 11:00 a,m, to 1~:00 p.m,
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BE IT FURTIIER RESOLVFD that the Anaheim City Planning Commission does hereby
find and d~termine 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 condition, or any part thereof, be deciared 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.
T{1E FOREGOING RESOLU710(J is signed and approved by me this 19th da~~ of
April, 1)u2.
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CHA I Rt•1A~1, A~lAHE I t1 C I TY PLANAI I NG CQMh1! SS I ON
ATTEST:
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SECRETARY, ANAHEIM CIT'! LANPlI~IG COMMISSIOtd
STATE OF CAL I FORN 1 l1 )
COUNTY OF ORA~dGE } ss.
CITY OF ANAIIEIPI )
i, Edith I_. Harris, Secretary of the Anaheim City Planning Commission~ do
hereby certify that tlie foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on April 19, 1932, by the following vote of
the members thereof:
AYES: COM~IISSIOiJERS: BOUAS, 3USHORE, FRY, HER35T, Kltdf,, 11C DURNEY
NOES: C011MISSIONERS: PJOh~E
ABSEWT: COt1t11SSi0P•!E•RS: f3ARbJES
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IIJ 411T~d~SS IJHEREOF, I have hereunto set my hand this 19t1~ day of April,
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SECRETARY, APJAI1EIh1 CITY PLA?~hiING COP1f11SSIQN
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