Loading...
PC 85-255RESOLUTION NO. PC85-255 A RESOLUTION OF THE ANAHEIM CITY PLANNING COh1MISSZON THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2739 BE GRANTED~ IN PART WFIEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Petmit ftom ROBER~ HOSTELLER, 1661 West Katella Avenue, Anaheim, California 92802, owner, and OBE7AG OF Cp,LIFORNIA, 1700 East Garey Avenue, Suice 102, Santa Ana, California 92705, ATTN: EDWARDS RALPH, agent .Eor certain real property situated in the City of Anaheim, County of Orange, State oE California, described as: THE SOUTH 70 FEET OF THE NORT[i 613.06 FEET OF THE EAST 410.82 FEET OF THE FOLLOIaIYG DESCRIBED LAND: BEGINNING AT A POINT ON THE EAST OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST~ RANCHO LOS COYO'PES~ IN THE CITY OF ANAHEIM~ COUt~TY OF ORANGE~ STATE OF CALIFORNIA, AS SEIOWN ON A MAP RECURDF.D IN BOOK 51~ PAGE 10~ G1I5CELLANEOUS MAPS~ RECORDS OF SAID ORAI~GE COUNTY, 50 CF:AINS NORTH OF THE SOUTHEAST CORNER OF SAID SECTION, AND RUNNING THENCE WEST d.77 CHAZNS; THENCE NORTH 11.41 CHAINS; TNENCE EAST 8.77 CHAINS; THENCE 11.41 CHAINS TO TkiE POINT OF BEGINNING. ~XCEPTING AN UNDIVIDED ONE-HALF INTEREST IN ALL OZL, GAS AND OTHER HYDROCARBON SUBSTANCES IN~ ON OR UNDER SAID LAND~ AS RESERVED BY AN AGREEMENT AATED NOVEMBER 8, 1948 AND RECORDED DECEMBER 29~ 1948~ IN BOOK 1780, 2AGE 349~ OFFICIAL RECORDS~ BUT WITHOUT TF{E SURFACE RTGHTS THERETO TO A DEPTH OF 500 FEET. WHBRF.AS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 25, 1985, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in acco~dance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to i,c~c ar~cl cousiciec evidence foc ana against said ptoposed conditional use permit and to investigate and make findings and recammenbations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consid_ration of all evidence and ceports offered at said hearing, does find and determine the following .facts: 1. That thc proposed use is propecly one Lor which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.300 to wit: to permit a walk-up restaurant in conjunction with an existing cocktail lonnge and with waiver of: SF.CTIONS 18.06.050.0233, - Minimum number of parkinq spaces. 18.06.050.0264, 18.06.080 AND 18.44.066.050 2. That the requested waiver is }iereby denied on the basis that revised plans submitted subsequent to legaJ. advertisement deleted the need for said waiver. 0662r PC85-255 t ~ ~.,Y,..:...., ...,...... _..... _. .. . _ .. . . _ ^ 3. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the acea in which it is proposed to be located. 4. Tt~at 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 nct detrimental to the particular area noe to the peace, health, safety and general welface of the Citizens of the City of Anaheim. 5. That the yranting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety ar~d general welfare of the Citizens oE the City of Anaheim. 6. That the traffic generated by the proposed use will not iripose 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 received in opposition to the subject petition. ENVIRONMENTAL IMYACT FINDIN~: Tha~ the Anaheim City Planning Commission has reviewed the proposal to permit a walk-up restaurant in connection with an existing cocktail lounge on a rectangularly-shaped parcel of land consisting of approximately 0.56 acre, having a frontage of approximate:y 7U feet on the west side of Brookhurst Street, and further desr,ribed as 913 South Brookhu:st Street (Sherwood Inn); and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public ceview proeess and fucther finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant efEect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject petition for Conditional Use Permit, upon Gt,c Loiluwinci cuuciitions wnicn are hereey tound 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 prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined b; the City Council for new comir,ercial buildings. 2. That ctreet lighting facilities along Brookhurst Street shall be installed as required by the Utilities General Msnager in accordance with specifications on file in the OfEice of. Utilities General Manager, and that security in the form of a tond, certificate of depusit, letter of credit, or cash, in an amount and form satisiactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shali be posted with the City of Anaheim prior to issuance of building permits. The above-required improvements shall be installed prior to occupancy. '2' YC85-255 '~,:.. _. _ ,--~ ~_ 3. That the owner af subject propecty shall pay to the City of Anaheim a fee for tcee planting Purposes alung Bcookhurst S~reet in an amount as determined by the City Council. 4. That the existing 6-foot high block wall adjacent ko the westerly property line st,all be permanently maintained. 5. That subject property shall be developed substantially in accoce'ance with plan~ and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4. 6. That prior to issuance of a buildir.g pernit, oc withi~ a period of one year fcom the date of this resolution, whichever occurs first, Condition Nos. 1, 2, and 3, 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. That prior to final building and zoning inspections, Condition Nos. 2 and 5, above-mentioned, shall be complied with. BE IT F'URTHER RESOLVED that the Anaheim City Planning Commission does heceby find and determine that adoptior of this Resolution is expressly predicated upon applican~'s compliance with each and all of the conditions hereinabove set Eorth. 5hould any such condition~, or any part thereof, be declared invaizd or. unenfocceahl~ by the final judgment of any court of competent jurisdiction, then this Reaolutiort, and any approvals herein con*_ained, shall be deemed null and void. THE FOREGOiNC RESOLUTiO~ is signed and zpp[oved by r° this 25th day of November, 1985. l~f_c*[~C..~.G,.,~., /' \G~J. CX LGC..L-! . CHAIkWGMAN~ At7AHEIM CITY PLANNING COMMISSION ATTEST: ~~ ' ,/_l.~/. C~ ~it~_~. ~C ~ ~tY~li~+-w SECRETARY~ ANAHEIM CZTY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY UF ORANGE ) ss. CITY OP ANAHESM ) I, Edith L. Harris, Sec~etary of the Anaheim City Planning Commission, do hereby cettify that the foregoing resulution was passed and adopted 9t a meeking of the Anaheim City Planning Commission held on November 25, 1985, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, FRY, HERBST~ LA CLAIRE/ MC BURNEY, MESSE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIUNERS: LAWICKI IN WITNESS WHEREOF, I Have her°unt:o set my hand this 25th day of November, 1985. ~iy~~e.f,r~ ~~/fit-GQi SECR6TARY~ ANAi1CIP1 CITY PLANNINC COP14fISSIOH - -3- PC85-255 "•-~ _. i~i:...~