PC 83-106~~
RGSOLUTION NO. PC83-106
A RESOLUTION OF THE APIAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR COtdDITIONAL USE PERMIT N0. 2444 BE GRANTED
WHEREAS, the Anahaim City Planning Commission did receive a verified
Petition for Conditio~al Use Per.mit fran NICHOI,AS 1. & LILLIAD] DOVALIS, 1624
West Chanticleer Road, Anaheim, California 92802, owners, and BOBBZ WINDSOR
HAYES, 4779 Larwin, Cypress, California 90630, ager~t of certain real property
situated in the City of Anaheim, County of Orange, State of California,
described as:
THAT PORTION OF THE SOU'PHWEST QUARTER O~ THE SOUTHWEST
QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO LOS COYOTES, CITY OF ANAHEIM~ COUNT:' OF ORANGE,
STATE OF CALIFORNIA, PER P1AP RECORDED 'CN BOOK 51 PAGE 10 OF
MISCELLANEOUS MhPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION, EAST
294.00 FEET FROM THE SOUTHWEST CORNER THEREOF; ?'HENCE NORTH
0° 17' 20" EAST 236.00 FEET PARALLEL WITH THE ~dEST LINE OF
SAID SECTION TO THE SQUTHWEST CORNEr2 OF LOT 7 OF TRACT N0.
1446, AS SHOWN ON A MAP RECORDED IN BUOK 72 PAGES 5 AND 6 OF
SAID MISCELLANEOUS MAPS; THENCE SOUTH 89° 59' 47" EAST 200.00
FEET ALONG THE SOUTH LINE OF SAID TRACT; THENCE ~OUT'H 0° 17'
20" WEST 236 FEET PARALLEL WITH THE WEST LINE OF SAID SECTION
TO THE SOUTH LINE OF SAID SECTION; THENCE NORTH 89° 59' 47"
WEST 200.00 FEET TO THE POINT OF BEGINNING.
~YC~P?' Tli~ ~tiSi 80.00 i'~ET TIiBREOF.
WHEREAS, the City Planning Commissi.on did hold a public hearing at
the Civic Center in the City uf Anaheim on June 1, 1983, 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, Chapt~r 18.03,
to hear and consider evidence for and against said proposed conditional use
permit and to investigate and make fin:'ings and recommendations in connection
therewith; ~nd
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 is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.44.050.010 to
wit: to permit on-sale beer and wine in a proposed restaurant.
2. That the proposed use will not adversely affect the adjoining
land uses and the growth and development of the area in which it is pcoposed
to nc locatea.
#0654I PC83-106
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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 par*_icular area nor to the peace, health, safety and
general welfare of the Ci.tizens of the City of Anaheim.
4. That the grantino of the Conditional Use Permit under the
conditions imposed, if any, will not be detrimental to the peace, health,
safety Znd general welfare uf. the Citizens of the City of Anaheim.
5• That the traffic generated by the oroposed use will not impose
an undue burden upon the streets and highways designed and improved to carry
the traffic in the area.
6• That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the
subject petition.
ENVIRONMEN'iAL IMPACT FINDING; That the Anaheim City Planning
Comm~ssion has reviewed the Yroposal to permit on-sale beer and wine in a
proposed restaurant on a rectangularly-shaped parcel of land consisting of
approximately 0.5 acre, ha•ring a frontage of approximately 120 feet on thP
north side of Ball Road, approximately 295 feet east of the centerline of
Magnolia Avenue, and further described as 2561 West Ball Road; and does hereby
approve the Negative Declaration from the requirement t~ prepare an
environmental impact report on the basis thal there would be no significant
individual or cumulative adverse environmental impact due to the approval of
this Negative Declaration since the hnaheim General Plan designates the
subject property for general commercial land uses commensurates with the
proposal; that no sensitive environme~tal impacts are involved in the
proposal; that the Initial Study submitted b:~ the petitioner indicates no
significant individual or cumulative ad~~erse environmental impacts; and that
the Negative Declaration substantiating the foregoing findings is on file in
the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditiunal 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 Anaheim:
1. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 and 2. ~
BE IT FURTHER RESULVED that the Anaheim City Planning Cor.imission does ~
hereby find and determine that adoption of this Resolution is expressly f
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Should any such conditions, or an j
c'leclared invaJid or unenforceable by the final y Part thereof, be
aompetent jurisdiction, then this Resolution, nd gman t af ary court of ;
contain~:d, shall be deemed null and void. y PProvals herein t
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PC83-106
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THE FCREGOING RESOLUTIUN is signed and approved by me this lst day of
June, 1983.
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CH I M N~ ANAHEIM CITY .,ANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foreguing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on June 1,
1983, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUUAS, BUSHORE, FRY~ KING, LA CLAIRE, MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HERBST
IN WITNESS WHEREOF, I have hereunto set my hand this lst day of June,
1983.
~~.~ ,~'. r~~_
SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
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PC83-106
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