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PC 83-136.^ ~ RESOLUTION NO. PC83-136 A RESOLUTION OF THE ANAHEIM CZTY PLANNING COMMISSION THAT PGTITION FOR CONDITIONAL USE PERMIT NO. 2476 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a v2rified Petition for Conditional Use PerTit from MAURICE PINTO, P. O. Box 3421, Anaheim, California 92803, owner, and LOYAL ORDER OF THE MOOSE, ANP.HEIM LODGE #1853, 2135 East Ball Road, Anaheim, California 92806, agertt of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE SOUTHERLY 100.00 FEET OF THAT PORTION OF LOT 27 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM~ COUNTY OF ORANGE~ STATE OF CALIFORNIA, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL~ A COPY OF' WHICH IS SHOWN IN BOOK 3 PAGES 162 TO 164 INCLUSIVE OF "LOS ANGEI,ES COUNTY MAPS"~ IN THE OE`FICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA~ DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF VERMONT AVENUE (FORMERLY BROAD STREET) WITH THE CENTERI,ZNE OF PALM STREET; THENCE NORTHEASTERLY ALONG THE CENTERLINE OF VERMONT AVENUE 162.09 FEET; THENCE SOUTHEASTERLY PARALLEL WITH THE EASTERLY LINE OF THE PAkCEL OF LAND DESCRIBED IN CERTIFICATE OF TITLE N0. 7725 IN THE OE'FICE OF THE REGISTRAR OF TITLSS OF SAID ORANGE COUNTY AND THE EXTE[dSION OF SAID LINE, 257 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE CENTERLINE OF VERMONT AVENUE 162.09 FEET TO A POINT IN TH~ CENTERLINE OF PAL[~1 STREET; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF PALM STREET 257 FEET TO THE YOINT OF BEGINNING. EXCEPTING THE PORTION INCLUDED IN VERMONT AVENUE AND PALM STREiT. ALSO EXCEPT ?';~iAT PORTION DESCRIBCD IN CERTIFICP.TE N0. 26668 IN THE OFFICE OF THE ;tEGISTRAR OF TITLE& OF SAID ORANGE COUNTY. SAID LANU IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK ~.1 PAGE 44 OF RECORD OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THAT PORTION OF LOT 27 OF ANAHEIM EXTENSION~ IN THE CITY QF ANAHEIM, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL IN 1868 ANll FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY~ DESCRIBEA AS ~'OLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF VERMONT AVENUE~ DISTANT THEREON 162.09 FEET NORTHEASTERLY FROM ITS INTERSECTION WITH THE CENTERLINE OF PALM STREET AND RUNNING THENCE NORTHEASTERLY ALONG S~fID CENTERLINE OF VERMONT AVENUE~ 75 FEET; THENCE SOUTHEASTERLY PARALLEL WITH THE EASTERLY LINE OF ThE PARCEL OF LAND DESCRIBcD IN CERTIFICATE OF TITLE N0. 7725, IN THE OFFICE OF THE REGISTRAF: UF LAND TITLF.S OF SAID ORANGE COUNTY~ AND THE EXTE~:SIONS OF SAID LINE, 257 FEET; THENCE SOUTF:WESTERLY PARP.LLEL WITH THE #0009r PC83-136 'rv .~_.. .. _. ',::'I ,--, CENTERLINE OF VERMONT AVENUF., 75 FEET; THENCE NORTHWESTERLY PARALLEL WITH THE EASTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN SAID CERTTFICATE OP TITLE N0. 7725~ AND THE EXTENSIONS OF SAID LAND, 275 FEET TO THE POI~IT OF BEGINNING. EXC3PTING THEREFRUM THE NORTIiWESTERLY PORTION INCLUDED IN VERMONT ~7ENUE. THAT PORTION OF LOT 27, ANAHEIM EXTENSION, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL IN 1868 AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: B~GINNING AT A POINT IN THE CENTERLINE OF VERMONT AVENUE, DISTANT THERGON 162.09 FEET NORTHEASTERLY FROM ITS INTERSECTION WITH THE CENTERLINE OF PALM STREET; RUNNING THENCE NORTHEASTERLY ALONG SAID CENTERLINE OF VERMONT AVENUE, 300 FEET; THENCE SOUTHEASTERLY PARALLEL WITH THE EASTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN CERTIFICATE OF TITLE NO. 77Z5~ IN THE OFFICE OF THE REG~STRAR OF I~AND TITLES OF ORANGE COUNT:, CALIFORNIA, AND THE EXTENSIONS OF SAID LINE, 257 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE CENTERLINE OF VERMONT AVENUE~ 300 FEET; TF:ENCE NORTHWESTERLY PARALLEL WITH THE EASTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN SAID CERTIFICATE OF TITLE NO. 7725, AND THE EXTENSIONS UF SAID LINE, 257 FEET TO THE POINT OF BEGINNING. EXCEPTING THE EASTERLY 150 FEET AND THE WESTERLY 75 FEET THEREOF. ALSO EXCEPTING THEREFROM THE NORTHWESTERLY PORTION INCLUDED IN VERMONT AVENUE. WHEREAS, the City Planning Commissian did hold a public hearing at the Civic Center in the City of Anah2im on August 8, 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 Munici.pal Code, Chaoter 18.03, 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 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 determiae the following facts: 1• That the proposed use is properly one fc~r which a conditional ~ use permit is authori2ed by Anaheim Municipal Code Sectiun 18.44.050.010 to ~ wit: to permit on-sale alcoholic beverages in a proposed Moose Lodge. ' l• That the ' is hereb J Proposed use consi~titn~ of on-sale alcoholic beverages ! y granted sub'ect to the property owner's stipulation at the pub.lic hearing to construct a six (6) foot hi9h block wall set back ten (10) feet I from the north property line along Vermont Avenue, and a six (6) foot hi h ' block wall adjacent to the existing service station 9 ~ north and west of subject property. Property located to the ~ I' -2- PC83-13b ~` ~~s,~.,u:~.~,:~x.. r ~--~. the adjoining landtuses and t hee growth and devel pmentlof the arear inl whicheit is proposed to b~ located. 4. 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, safet~~ and general aelfare of the Citizens of the City of Anaheim. 5. That the granting of the Conditional Use Permit under the conditions imposed, if any, wi~l not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 6. 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. 7. That two persons indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVZRONNENTAL IMPACT FINDING: ihat the Ar.aheim City Planning Commission has reviewed the proposal to permit on-sale alcoholic beverages in a proposed Moose Lodge on an irregularly-shaped parcel of land consisting of approximately 1.06 acres, located south and east of the southeast corner of Vermont Avenue and I~arbor Boulevard; and further described as 912, 914 and 915 South Harbor Boulevard; and does hereby approve the Negative Declaration fr~,n the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for general commercial land uses commensurate ~vith the proposal; that no sensitive 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 the Cil-y of Anaheim Planning Department. NOW, THEREFORE, BE 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 order to preser.ve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the existing structure shall be brought up tu the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. 2. That prior to the commencement of the activity authorized uttder resolution or prior to issuance of a building permit, whichever occurs first, a 6-foot high masonry block wall shall be constructed along the north property line, behind the 10-foot landscaped setback alon9 Vermont Avenue, and a six (6i foot high block wall shall bE constructed adjacent to the existing service station property located to the north and west, and/or that a bond in an amount and Eorm satisfaci•ory to the City of Anaheim shall be posted with the City to guarantee the installation of said walls prior to final building inspection. -3 PC83-136 I3 ,. _. ... . .. ~~~_ 3. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 2307 to the Planning Department. 4. That subject property shall be developed substantially in accordance with plar,s and specifications on file with the City of Anaheim marked G:thibit Nos. 1 and 2. 5. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs £irst, Condition No. 3, above-mentioned, shall be complied with. Extensions for further ti.me to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 6. That prior to fina.l building and zoning inspections, Condition Nos. 1, 2 and 4, above-mentioned, shall be complied with. BE 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. Shoul.d 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 FOREGU.:NG RESOLUTION is siyned and approved by me this 8th day of August, 1983. AAIRMAN, ANAHEIM C LANNING COMMISSION ATTEST: ~~.~ .~° ~~., SECRETARY~ ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE; ) ss. CITY OF ANAHEZM ) I, Edith L. Harris, Secretary of tk:e Anaheim City Planning Commission, do hereby certiE,y that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 8, 1983, by the followiny vote of the members thereof: AYES: COMMISSIONERS: BOUAS, FRY, HERBST, KING~ L:~ CLAIRE, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUSHOItE IN WITNESS WHEFEOF, I have hereunto set my hand this 8th day of August, 1983. _ ~~ ,~~~, SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -4 ~ V 1 ":.~,.: ..... . . .. . .. . PC83-136 . .