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PC 83-98RESOLUTION NO. PC83-98 A RESOLU'CIOC7 CF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDI7'IONAL OSE PE~4IT NO. 2442 BE GRANTED WHEREAS, the Anahei~n City Planning Commission did ceceive a veri£ied Petition for Conditiona.l Use Permit from ROBERT F. MILLS, 1600 West Lincoln Avenue, Anaheim, Ca.lifornia 92801, owner, & MEHDI SIADATAN, 443 Promontory Drive, West, Newport Beach, ~alifornia 92G50, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, de~cribed as: THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QU~.RTER OE THE NORTHEAST QUARmER OF T6E NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH~ RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, D°SCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEASi QUARTER OF THE NORTHEAST QUARrER OF THE NORTHEAST QUARTER OF SECTIOtd 8; THENCE NORTH 89° 46' 20" EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, 191.00 FEET; THENCE SOUTH 0° 18' 37" EAST PARALLEL WITH THE WEST LINE OF SAID NORTH HALF~ 332.12 FEET TO A POINT IN THE SOUTH LINE OF SAID NORTH HALF; THENCE SOUTH 89° 50' 03" WEST ALONG THE SOUTH LINE OF SAID NORTH HALF, 191.00 FEET TO THE SOUTc1WEST CORNER OF SAID NORTH HALF; THENCE NORTH 0° 18' 37" WEST ALONG THE WEST LIN~ OF SAiD NORTH HALF, 331.91 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 16, 1983, at 1:30 p.m., notice o£ said pablic hearing ~a~ing been @uZy gi~~en as rAqaire~3 by law and in accordance with the provisions uf the Anaheim tdunicipal 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 conr.ection 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 ~etermine 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 and 18.44.050.300 to wit: to pecmit on-sale beer and wine in a proposed semi-enclosed restaurant. 2. That the proposed use is hereby granted subject to the petitioner's skipulation that the hours of operation wil.l be as follows: Sunday throu~li Thursday - 11:30 a.m. to 3:00 p.m. and 5:30 p.m. to 11:30 p.m. Friday and Saturday - 11:30 a.m. to 3:00 p.m. and 5:30 p.m, to 12:00 p.m. #0636I PC83-98 3. That the proposed use is hereby granted subject to the condition that a variance shall be applied for and granted prior to the issuance of building permits if any of the minimum required number of parking spaces consists of tandem parking spaces with/or without valet parking service. 4. That the proposed use will itot adversely affect the adjoining land use~ and the growth and development of the area in which it ia proposed to be located. 5. That the size and shape of the site proposed for the use is adequ.ate to allow the full developn~~nt of the proposed use in a manner not detrimental to the particular area nor ko th? peace, health, safety and general welfare of the Citizens of the City of Anaheim. 6. That the granting of the Conditional Use Permit unde_ 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. +. That the traffic generated by the proposed use will n~t impose an undue burden upon the streets and highways designe~ and improved to carry the traffic in the area. 8. That 10 gerson indicated their presence at slid public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit on-sale beer and wine in a proposed semi-enclosed restaurant on a rectangularly-shaped parcel of land consisting of approximately 1.1 acres located at the southeast cocner of La Palma Avenue and Mohican Avenue, and further described as 1750 West La Palma Avenue; and does hereby approve the Negative Declaration from 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 Declacation since the Anaheim General Plan designates the subject property for general commercial land uses commensurates with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submiL•ted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declara~ion substantiating the foregoin9 findings is on file in the City of Anaheim Planning Department. NOW, THEREYORE, 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 preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the owner of subject pruperty shall deed to the City of Anaheim a strip of land 53 feet in widl•h from the centerline of the street along La Palma Avenue and a 15 feet radius corner return at La Palma Avenue and Mohican Avenue for street widening purposes. 2. That the owner of subject property shall nay to the Citp of Anaheim a fee for street lighting along La Palma Avenue and Mohican Avenue in an amount as determined by the Ci~y Council. PC83-98 r. r 3. That the owner of aubject property shall pay to the City of Anaheim a fee for *.ree planting purposes ~long La Pa ma Avenue and Mohican Avenue in ar. amount as determined by the C~ty Council. 4. That prior to the issuance of building permits, a variance shall be applied for and granted if ar,y of the minimum required number of parking spaces consists of tandem parking s~aces with/or without valet parking service. 5. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 6. Thar prior to the commencement of the activity authorized u~der this tesolution, or prior to the time that a building permit is issued, or within a period of one year f:om the date of this resolution, whichever occurs first, Condition Nns. 1, 2, 3 and 4, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 7. Th~t prior to final building and zoning inspections, Concition No. 5, above-mentioned, shall be complied with. 8. That the hours o£ operation shall be: Sunda~ through Thursday - 11:30 a.m. to 3:00 p.m. and 5:30 p.m. to 11:30 p.m. Friday and Saturday - ~1:30 a.m. to 3:00 p.m. and 5:30 p.m. to 12:00 p.m. BE IT FURTFIER RESOL'uED that ti~a Anai,eim CiEy iianning Commission does hereb}• find and determine that adoption of this Resolution is expressly prE:dicated upon applicant's compliance with each and all of the conditions her>inabove set forth. Should 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 herei~ contained, shall be deamed null and void. THE FOREGOING RESOLUTION is signed and appro•red by me this 16th day of May, 1983. ~/'~~~- ~~~ '~r CHAIRMAN RO TEMPORE ANAHEI CITY P1.ANNING COMMISSION ATTEST: ~'~ ~~ ~~ ,~,~ SECRETARY, ANAHEIM C1TY PLANNING COMMIS570N -3- PC83-98 ~~~ , _ ~~ ~ STATE OF CALI~ORNIA ) 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 oassed and adopted at a meeting of the Anaheim City Planning Commission held on May 16, 1983, by the fo)lowin9 vote of the members t:,ereof: AYES; COMMISSIONERS: BOUAS, HERBST, KING, MC BURNEY NOES: COF1t9ISSI0NERS: NONE ABSENT: COMMISSIONERS: BUSHORE, FRY, LA CLAIRE IN WITtdESS WHEREOF, I have hereunto set my hand this 16th day of May, 1983. ~~ ~ -~ ~.~~ SECRETARX, ANAHEIM C1T~ pLANNING (:OMMISSION -4- PC83-98 ;:I , __. . ~ .:.. , _ ~ .,. . ..... __._ n.:.:~