Loading...
PC 83-60RESOLUTION N0. PC83-60 A RESOLUTION GF 'fHE ANAHEIM CITY PLANNING COMMISSION TH.1T PETITION FOR CONDITIONAL USE PERMIT N0. 2424 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Yermit from BEN & MARY LOU HATHAWAY, 1060 West Katella Avenue, Anaheim, California 92802, owners, 6 CLARINDA L. WILLIAMSON, 1060 West Katella Avenue, Anaheim, California, agent of certain real property situated in the City of Anaheim, CounCy of Orange, State of California, described as: THE FIEST 190 PE~T OF THE NORTH 210 rFET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO 3AN NAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLA.NEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 21, 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, Chapter 18.03, to hear and consider evidence for and against satd proposed conditional use permi[ and to investigate and make findings and recommendations in connection therewith; and study made~by~A;tselfi and~in $itsnbehalf, andeaf[eredue~ c~onsiderationiof all evidence and reports offered at said hearing, does find and determine the following facts: use permit isha uti urizedp~byd Anaheim Muni ipal~nCode r Sec~tion a 18~.06i080R~& 1$.48.050.200 to wit: to permit wali~ up window in an existing restaurant with waiver of: SECTIONS 18.06.050,0233 - Minimum number of parking spaces AND 18.48.066.U50 (79 spaces required; 35 spaces existing) Z• That the requested watver of code requirement is hereby granted on the basis that the proposed walk-up window in an existing restaurant will not cause an increase in the need for parking spaces since no additional seats are planned; and that the parking variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any ad~oining land uses; and that the granting of the parking variance under the conditions imposed, if any, will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. 3. That the proposed use will not adversely affect the ad~oining land uses and the growth and development of the area in lJI1~CI1 it is proposed to be located. tP0541I PC83-60 4. That the size and shape of the site proposed for the uae 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, safety and general welfare of the Citizens of the City of Anaheim. i;; S. That the grantinb oE the Conditional Use Permit under the conditions imposed, if. any, will not be detrimental to the peace, health, safety and general welfare of the Cit{zens of the City of Analieim. 6. That the traEfic generated by the proposed use will not impose t~ an undue burden upon the streets and highways desi~ned and improved to carry ;~ the traffic in the area. :s ~ ~. That no one indicated their presence aY. said public hearing jn opposition; and that no correspondence was received in opposition to the J subject petition. ~ ~ ENVIRONMENTAL II~ACT FINDING: That the Planning Direr_tor or his ' authorized representative has determined that the proposed project falls ~ 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. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant sub3ect Petition for Conditional Use Permit, upon the following cunditions 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 sub~ect property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 2. That the owner of subject property shall submit a letter requesting termination of Variance Nos. 3225 and 748 to the Planning Department prior to commencement of the activity herein approved or issuance of a building pe*mit, whichever occurs first. 3. That prior to final building and zoning inspections, Condition No. 1 above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission dces hereby find and de[ermine 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 conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent ~urisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -2 PC83-60 ~ ~ THE FOREGOING RESOLUTION is signed and approved by me this 21st day of. March, 1983. ~ ~ AHEIM CIT ANNING COMMISSION ATTEST: `~~~ ~° ~ ~ SECRETARY, ANAHEIM CITY PL NING 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 foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 21, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, LA CLAIRE MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMZSSIONERS: NONE IN WITNESS WHEREOF, Z have hereunto set my hand this 2l.st day of March, 1983. ~~ ,~° ~~ ~ ~ SECRFTARY, ANAHGIM CITY PLANNING COMMISSION -3- PC$3-60 ~F .. ~ ...., . ........._ .~ . ' . . . . ... i ...~':I