Resolution-PC 92-105RESOLUT10N N0, PC92-1Q5
A RESOLU710N OF 1'HE AnAHEIM CITY PIANNING COMMISSION
TF~AT PETITIO'V FOR CONDITIQNAL USE PERMIT N0. 3,ri40 BE GRANTED
WHERCAS, the Ant~hefm City Plenning Cummissiun did receiva a verified Petitian tor
Conditfona! Use Permit for cartain real proporty situeted In tho Ciry ~f AnAhefm, County of Oran~e, State
of Calffornla, doscrfbed as;
ALL THQSE PARCELS OF LAND SHI~WN ON TENTATIVE PARCEL MAP MQ. 90-
125, BEING PORTIONS OF TWE LANGER6EFIGER TRACT, RECOROFD IM BGOK
1, PAGEu G50 & 551, OF MISCELlANEOUS RECORDS, IN THE OFFICE AF THE
COUMY RECORDER OF LOS ANGELES 40UNTY, CALIFOFlNIA, TOGEfHER
WITH POR710NS dF TNE ORIGINAL TQWN OF ANAHEIM, AS S40W~ ON THE
MAP R[CQRDEQ IN 9001C 4, PAGES 629 8 Fi30, OF DEEDS, R~CORDS O~
SAID LOS ANGELEB COUNTY, TOGETH~R WITH POHT!ONS AF CH~S7NUT
STREE'f SUBDIVISION, AS SHOWN ON TNE MAP RECORUED IN BOOK B, PAGE
35, OF MISCELLANEOUS MAPS, IN THE OFFiCE OF THE COUNTY RECORDER
OF OiiANGE COUNTY, CALIF09NIA, AND TOGETHER `NITH POR ~ IONS UF
PARCEL M/lP NO. 86-142, OF PAFiCEL MAPS, IN THE OFFICE OF SAIO
COUNTY FiECORDER OF OI~ANGE COUNTY.
BEIN(3 SHOWN A5 PARCEL 1 AND 7HOSE PORTIONS OF CHESTNUT STREET
TO SE ABANDONED ~OR T11E PURPOSE OF CREATING PRIVATE STREET;,, ON
SAID TENTATIVF PARCEL MAF NO. 90-125.
WHEREAS, the City plenninfl Commission did hdd a public hearfn~ at the Civic Center
in the Cfty of Anaheim on September 9, 1992, at 1:30 p.m., notice of said public hoarir~g havinq been duly
piven as requlrocl by law and fn eccordanco with the provisionss of tho Anahnim Municipal Coda, Chapter
18.03, t~ hear and consldAr avklence lor and agalnst seid proposed conditinr+al use p8rmft and to
(nvestipate and make findinqs and recommandattons in connectfon therewfth; and
WHEREAS, said Commission, aher due Inspecti~n, Investigation and stud~ madu by Itseit
arul in its behalf, arx! aksr due consfddratlon of all evidence and reports oHered at sa(d hearing, does ifnd
nnd decermine the tdi~wtng facts:
1. That the proposad use is properly one tor which a corxli~tonal use p~rmit is
authorfzed by Anaheim Municfpel Codo Sectlon 18.4a.050.300 to pormit a 600 sq.ft outdoor dfning area
in cnn~unction wkh a prc~viously approved lood cuu-t;
2. That the proposeci usa wfll not advora~iy aHect th~ edJolnfng land usas and the
grov~lh and devotopment of the erea In which h is proposed to be locatod;
3. Thnt sub~ect proposal wlll be competihle wfth and complimentary to surroundinn
lend uses;
a. Thac eubJecc reyuoat I$ approvEd for a pariod o( two (2) yuars to determ(ne
whothar th~ outdaor dining erxn la competide with surroundiny larb uses;
CR1599MS.wp •1- PC92•105
5. That the size and shape of tho site for tho proposecl use is adequat~ to ailow the
tull dov~lo~ment of the proposed use in a manner not detrimental to the portfcular area nor to tho poar.e,
fiealth, saCoty, and general welfare;
6. That suffic(o.~t parking exists ta satfsfy the additlonal paricing demand craatad by
the additional square footafle of the ~utdoor esting area;
7. Thnt the tratffc genorated by the proposed use will not impose an undue burden
upon the streets and hfghways des(gnec! and Improved to carry th~ traffic in tho area;
8. That the grantin{~ oi the conditional use permit undPr the condit(ons imposed wfll
not be detrimental to tlie peace, health, safety and general welfaro of the cftizens of the City of Anaheirn;
9. Ths~t tho Redevelopment Commission recommended approval of subJeot petitfon;
and
10. Thac no one indicated their presence at said public hearing In opposftion; and that
no correspondancq was reco(ved in opposition to the subJect petftion.
~ALIFORNIA ENVIRdNIr}u ENjAL o~1AL17Y ACT FINDING: That the Anaheim City Pl~nning
Commisslon has revlewed the proposal to permft a t300 sq.ft otrtdoor dfning area In con~unction with a
previously approved food court on a rectangularly shaped parcel of land consisting of approximately 1.09
acres locatod at the northwost corner of Herbor Place and Lemon Street, having Approximate irontages
af 310 feet on the north stde of Harbor Flace an~ 150 feet on the west side of Lemon Street, and furth3r
descrlbed as 201 Weat Harbor Placs; and do~s hereby epprove the NAgative Declaratlon up~n (inding that
tho docla~ation rellects the Indepsndont judgement of the lead agency ancJ that It has constdered the
Nogative Declaratlon togother wfth any comments recebed during the public roview pr~cess end turther
t(nding on the basis of the initial study and any comments recaived that there Is no substantiaf evldenr.e
that tho proJect wil! havo a significant efiact on the envlronment.
NOW, THEF~[FORE, f3E IT RESOLVED that the Anahoim City Plannfn{~ ~ommi~sion does
hereby grant sub~ect Petition for Cond(tional Use Permit, upon the followtng conditions whlch are horeby
tound to be a necessary prerequtsfte to the proposed use of the aubject pr~poKy fn order to preser~e the
satoty and goneral welfare of thu Citizens of the City of Anaheim:
t. That subject oroperty shail be developed substantially In accordance with plans and speciffcatlons
submitted to tha Cfty of Anaheim by the ~titloner and whtch plans erR on filo with the Pla~ming
Dop~rtment marked Exhlbit Nos. 1 through 5.
2. That prior to cnmmencement of tho activity herein opproved, or ~rior to iinal bufldtng and zaning
(nspections, or whhin a perlocf af one (1) year irom the date af thfs resolutton, whichever occurs
ti~st, Conditlon ~lo, 1, abuve•montloned, shall be com~ifad witt~.
3. That sub~oc! uso pormit shall ~xpiro two (2) years from the dato of this resdution on
Se{~tember fl, 19A4; prov!ded, I~owev9r, that tlma oxtenslons may be requesled !n connectfon with
a public h~arinfl N ft(s dete~mfnod that this outda~r use fs competible with sunouncfing land uses.
If tfine extens(ons ara approved, the use may contirn~e lor the additional apeciiled time.
4. That there stwll be no outdoor consur~ptlon ot alcoholfc beverages and that the maximum outdoor
aeattng c.~+paclty ahall be torty (a0) ~eats.
-2- PC92-t 05
5. That approval of this appiication r,anstftutes approval of tho proposed raquest only to the extont
that It complies with the Anaholm Munlcipal Zonfng Cocle and any other applica~le City, Stat~ and
Federal rogulatlo~s. Approval doec~ not include eny actlon or iindinc~s as to compliance or
Approval o( the ryquest regarding any othor applicable ordinance, regulation or roquir~ment.
BE IT FURTHER RESOWED that the Anaholm City Planning Commission doc~s hereby iind
and determine that adoptlon of thla Reaolution is expressly predicated upon appllcant's compllance wlth
each and ali of the conditions herofnabovo set forth. Sh~uld a such conditfon, or any part thoreoi, be
declsred Invalid or unonforceable by the final judgment o1 ag~ourt of competent Jurisdlctlon, then thls
R~~solution, and any approvals herein contained, shall be de~ null and old.
THE FOREGOINa f~ESOLUTION was op a~tho P nfng Commission meetlnp af
$eptember 9, 1992, ~
MAN, ANAHEIM CITY PLANN
AT1'EST:
~~ $ RETARY, ANA • CI~TII PIAN Nr COMMISSION
L..~'
STATE OF CALIFORNIA )
COUN'TY OF ORANGE ) ss.
CITY OF ANAHEfM )
I, Janet L Jensen, Secretary of tho Anahelm Gity Planning Cammissinn, do heroby cortlty
that the foregoing resolut+on was passod nnd adopt~ : at e meeting of the Anahelm City Plar-ning
Cammisalon held on September 9, 1~J2, by the following vote ot the cnombers thoreof:
AYES: COMMiSS10fJER8: BRISl'OL, I~IENNItJGER, MESSE, PERAZA, TAIT, ZEMEL
NOES: COMMISSIONERS: NONE
ABSEN7: CUMMISSIONERG: NOfvE
VACANCY: ONE SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day o(
[~!~"P~>, 1992.
REfARY, AN 1 CITY PLANNING COMMISSIQN
,,~. PC92-105