PC 83-89r~. , ..
RESOLUTZON NO. PC83-l39
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSZON
THAT PETITION FOR CONDITIONAL USE YERhiIT N0. 2436 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a ve[ified
Petition for Conditional Use Permit fr~,m RICHARD J. SHARKEY AND KENNETH
KALLMAN, 1530 West Lincoln Avenue, Suite 201, Anaheim, California 92801,
owners, and GEORGE BILIOS AND CARL MARCHES, 1739 West La Palma Avenue,
Anaheim, Califcrnia 92801, agents certain real property situated in the City
of Anaheim, County of Orange, State of California, described as:
LOTS 7, 8, 9 A:~D 10 OF TRACT 483, AS PER MAP THEREOF RECORDED IN BOOK
17, PAGE 20, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY.
i4HEREAS, the City Planning Commission did hold a public heating at
the Civic Center in the City of Anaheim on t4ay 2, 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 said proposed conditional use
permit and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Commission, after due insp2ction, investigation and
atudy made by itself and in its behalf, and after due consideration of all
evidence and ceports offered at said hearing, does find and determine th~
following facts:
1. That the proposed use is pcoperly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.44.U50.010 to
wit: to permit on-sale beer and wine in an existing restaurant with waiver of:
SECTIO[JS I8.44.OG6.QSQ -~" rimum r.umbcr of P~r.king spaces
18.06.050.0231 (60 spaces required; 50 existing)
AND 18.06.080
2. That the requested waiver is hereby granted on the basis that
the variance will not cause an increase in traffic congestion in the immediate
vicinity nor adversely affect any adjoining land uses; and that the granting
oE the variance under the conditions imposed, if any, will not be detrimental
to the peace, health, safety, oc 9eneral welfare of the citizens of the City
of Anaheim.
3. That the p~oposed use will not adversely affect the adjoining
land uses and the growth and development of the area in which it is proposed
to be located.
4. That the size and shape of ~he 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, safety and
general welfare of the Citizens ~f the City of Anaheim.
5. That the 9ranting of the Conditional Use Pe:mit under the
conditions imposed, if any, will not be detrimental to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim.
q0606I PC83-89
6. That the traffic generated by the ~roposed use will not impose
an undue burden upon the streets and highways designed and improved to carry
the traffic in the area.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was r.eceived in opposition Lo the
subject petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit on-sale beer and wine in an
existing restaurant with w~iver of minimum number of parking spaces on a
rectangularly-shaped parcel of land consisting of approximately 0.6 acre,
having a frontage of approximately 200 feet on the north side of La Palma
Avenue, and further described as 1739 West La Palma Avenue; and does hereby
approve the Negative Declaration from the requirement to prepare an
environmental impact rep~rt on the basis that there would be no significant
~ndividual or cumulative adverse environmental impact due to the approval of
this Negative Declaratien since the Ananeim Genecal Plan designates the
subject property for general commercial land uses commensurates with the
proposal; that no sensitive enviconmer.tal impacts are involved in the
proposal; that the Initial Study s~~hmitted by thF petitioner indicates no
significant individual or cumulative adv?rse environmental impacts; and that
the Negative Declaration substantiating the foregoing findings is on file in
the City of Anaheim Planning Department.
NOW, THEREFORE, 8E IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon
the following conditions which are heceby found to be a necessary prerequisite
to the proposed use of the subject property in order to pceserve the safety
and general welfare of the Citizens of the City of Anaheim:
1. ihat ti~c uwnec of sub7ect property shall pay to the City of P.naheim a
fee for streei lighting along 150 feet of La Palma Avenue in an
amount as detesmined by the City Council.
2. That appropriate water assessment fees shall be paid to the City of
Anaheim, in an amount as determined by the Office of the Utilities
General Manager.
3. 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.
4. That prior to the commencement of the activi~y authorized under this
resolution, or prior to the time that a au;lding permit is issued, or
within a period of one year from the date uf this resolution,
whichever occurs first, Condition Nos. 1 and 2, above-mentioned,
shall be complied with. Extensions for further time to complete said
conditions may be granted in accocdance with Section 18.03.090 of the
Anaheim Municipal Code.
5. That prior to final building and zonino inspeckions, Condition No. 3,
above-mentioned, shall be complied with.
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8E IT FURTHER RESOLVED that the Anaheim City Planning Cormission does
hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance a~ith 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
comFetent jurisdictiun, then this Resolutior,, and any approvals hecein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTZON is signed and approved by me this 2nd day of
May, 1983.
CH IRM ~ ANAHEIM CITY PLANN COMMISSION
ATTEST: _
F.BCRETAR~, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFOR~IIA )
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 btay 2,
1983, by the following vote of the members thereof:
AYES: CGEIMiSSiONERS: BOUAS~ FkY~ KING, LA CLAZRE, MC BURIdEY
NOES: COIyMISSIONERS: NONE
ABSENT: COMMISSZONERS: BUSHORE
ABSTAIN: COMMISSIONERS: HERBST
IN W=TNESS WHEREOF, I have hereunto set my hand this 2nd day of May,
1983.
~.c~c ~ ~.~,,~:.
SECRET11Ri, ANAHEIM CITY PLANNING COMMISSION
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PC83-89