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Resolution-PC 92-51RES(ai~UT10N NQ. PC92-Sl A RESOLUTION OF TH~ ANAHEIM CITY YLAIVNiNG COMMISSION T~-IAT PETIT[ON Fc~R CONDITIONAT.. USE PI?RMIT NO. 3514 BE GRANTED WHEREAS, the Anaheim City Plannin~ Commission did receive a verified Petition for Conditian~l Usc Pcrmit for certain real pr~perry situated in the City of Anaheim, Counry of Orunge, Srate of C:alifornia~ dcscribed ;is: PARCEL 2, A5 S-~OWN flN A M~P FILED IN BOOK 84, PAGE5 5 TO 8 INCLUSIVG OF PARCEL I~1APS, TN Tf~IE OrFICF. OF TT-iE COUNTY RECORDER OF ORANGE COUNTX, c'ALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center iu the Ciry of Anaheim un April 20, 1992, a! 1:30 p.m., notice of said publir hearing having been ~uly given as reyuireci by law and in accordance with the provisions of tl~e Anaheim Municipal Code, Chaprer 18.03, to hear and consider evidence f~r ansl against said proposed conditional use permit and to invcstigate and make findings nnd recommendations in connertion therewith; and WHEItEAS. said Commission, after due iaspectiun, investigation and study made by its~lf and in its behalf, and after due consideration of all evid~nce and reports affcred at said hcaring, does find and determine thc fallowing facts: 1. 'fhas the propused use is propcrly one for wl~ich ~ conditional use permit is autharized by Anaheim Municipal Code Section 18.44.QSU.OIU to pcrmit on-sulc alcohnl in a propoced 5,760 sG.ft. encloscd restaurant to be locatcd in a previously approved 30-unit cummercial retail center (wl~icl~ includes one ex:sting 8,100 sy.ft. freestanding restaurant having an•salc ~lc~holic beveragcs); 2. That thc proposed use is properly onc for whi~h a conditional use permit is authorized by the Zoning CoJe; 3. 'fhat the proposcd usc will not advcrscly affcct thc adjoining laa~~ uics anJ the gr~wth and devcloprnent of the arca in which it is praposeJ to be locat~d bcc~l~se thc petitioner described the proposed restaurant a.~ a family-oriented restuurant whi~h would be cortipatiblt with the ~djacent a~mmerciu! land uses and bccause subject unit was designated as a food use in thc prcviously-~pprrned zoning pctitions which cs:ablished ;he rctail center; 4. '~'hat thc si~.~ :tnd shapc of the sitc for thr proposcd usc is adcyuatc to ~Ilow thc ful! devclc~pment of thc propcr.~ed usc in a manner not detrimcntal to the particular area nor to the pcact, hcallh, s~fety, nnd gencral wclfarc; CR l47l~MS.vv~ -1- f'r42-51 5. Tiiat the truffic generated by the proposed use will not imposc an und~.-e burden upon the streets and highwlys designed un~ imprc~ved to carry the traf~c in the urea because thc proposal (an enclosed restaurant) reduccs thc amount of Cotle required parking (which was originally based on a fast fuod restaurant); 6. That the granting of the conditional use permit under the conditions imposecl~ if any, a~Il not be dc:trimental to the peacc, health, safer; nnd gcneral welfa~e of the citiz~ens of the City of Anaheim; anJ 7. That no one indicated their presence at ~aid public hearing in oppo~ition; and that no correspo::dence was received in opposition to the subject petition. S i.~iFORN~A ENVIRQN~iF~O U A IT~ AC"~FI_N t: ThAt the Anaheim City Planning Commission has r~viewcd the proposal to permit on•sale alcohol in a proposed 5,760 sq.ft. enclosed restaurant to bc located in a pseviously approved 3G•init commerciai retail center (which includes nne previously-approvecl 8,100 sq.ft. freestandi.ig restaurans with on-sale alcoholic beverages) oi~ an irregwlrly-shaped p~rc~l of land co~isting ~f approximately 4.4 acres l~cated north and wcst of the s~orthwest corner uf La Palma Avenue and Imperiai flighway, havine approximate frontages of 60 feet on the north sidc of I..a ~'almz Avemie and 7Q8 fect on thc ~vest side of lmpcrial Highwav, and further described as 1521 Noril~ Imperial Highway; and does hereby approve the Ncg~tive Declaration upon ~inding that the de¢larati~n reflc~ts the inacpendent jt~dgcmer.t of thc leac: ag~:ncy and that it has considered the Negative Ueclaratinn together with any comments re~eived during the public review process ~nd f~rther finding on the basis of the initial study and an~ comments received that there is no substantial evidence that the project will have a significant cffect cm the cnvironment. NOV1', 'I~1EkEFORE, BE I'1' RESOLVED that the Anahcim City Ylan.~aing Commission docs hereby g~ant subject Pe.tition for Condition~l Usc Permit, upon the following conditions whieh are hereby fcwnd to be a neees.cary prcrequisite to the praposed use of the subjert praperry in order to prescrve the safety Und gcn::ral welfare of the Citizcns of thc ~City of Maheim: 1. That a Plar~ Sheet for solid wastc etorage and collcction and ., plan for recyclirg shaU bc submitted to the Dcpartment nf Maintenance for revicw and approv:~l. 2. That food service consisting of ful!-service rtieais shali be availat~le ~ntil closing time cach day of aper.-tion. 3. 'il~at any entert~inmcnt shall not be ~udible bey~nd the area undcr the conxrol of the pctitioncr/liccn~~e. -2- YCS-2•S 1 4. Th;~t alcoi~olic beverage license obtained in connection with subject use permic shall not be exchangcd fnr u public premises type license nor shall subject proposal be operated as a puhlic prc+~~~.,~:~ 5. That thc saie af bcer a~. '!or ~~~e for consumption of£ the premises is prohibited. G. That the quurterly gr• ~. ~ s•a.'^; of al~oholic bcverages shall not exceed the gross sales of fo~~d or other com-nc~!ities durin~ the same time period. 7, That whenever entertainment anci/or dancing ure >>rovidcd on th~ ~rcmises, the petitioner shall provide a securiry guard in the purking I~t and shall maintain order therein and prevsnt any activity which would interferc w~~th the quiet enjoyment of their property hy nearby residcnts. 8. That there shall be no exterior advertising of any kind or rype, including advertising dir~cted to the exterior from inside the build~ng, promoting or i~ndieating the availability oE alcoholic beverages. 9. 'I'hat no alcoholic beveragea shal! be consumed on any properry adj~icent to the licensed premises under the control of the petitioner/licensee. 10. That the parking lot utilized by subject proposal shall be equipped with lighting having suf~cient p~wer to illuminate and makc ~asily discernible the appcarance and cond~ct of ull persons on or ab~~ut suid parking lot.. 11. 'I'hat thcre shall bc no pool ta5les ar coin-operdted games maintained upon the premi,es at any time. 12. That subject property shall be d~elopcd sv~bsta-ttially in accordance with plans and specifications ~ubmitted to the City of Anaheim ~y the petitioner and which pians are ~n Clc witii the Planr,ing llcpartrncnt markccl 1Fxliibit Nos. 1 thrc~ugh 5. 13. Thai prior to issuance of a buildin~ permit or within a pcrind uf one (1) year from tht date of this regolution, whichever occurs fitst. Condition IYo. 1, above-rnentioned, sholl be complied with. Extensions fc~r turther time to complete said conditions may be granted in accordance with Section 18.a3.090 of the Anahei~ Municipal Cu.~1~. 14. That prior to Cnal building and zoning 'snspections, Canditic~n Nos. 10 ~nd 12, nbove-mentioned, shull bc rnmplied with. t5. Thut upproval of this application constitutcs approval of tlie prc,poseJ request only to thc extent that it complics with thc Anahcim Mur~icipal 7..oning Code ~nd any c~ther applicahle Ciry, Statc and Fedcral regulations. Appr~val clocs nnt include arry .3_ Pr'92-5 l action or findings as to compliance nr anproval oF the request regarding any other appliczble ordinunce, reguiation or reqt~irement. BE IT FUR'I'HER RESOLVEL~ thlt thc Anaheim City Planning Comm:ssion does hereby ~nd and determine that adoption of 4his Resolution is expressly predicated upon upplicant's compliance witlz each and all of the conditians hereinabov~ sst furth. Shoi~ld any such conditi~n, or any ~art thereof, be d~clared invalid or unenforceable by the final judgment of uny court of competent jurisdiu~tion, then this Resolution, and any approvals herein contained, shall be deemed null And vpid. THE FC~REGOING RESOLU'I'ION was adopted at the Planning Gommission meeting of April 2q, 199i. ~- , ~ HA MAN ANANEIM 1 Y PI~ G COMMISSIUN C , A'I'TES1': ~ ~ ,~ , ~j~~ka:~ SECRET Y~ AHE:fM CITY PI..ANNINC COMMISSI~N rJ STA1fC OH CAI..IFORNIA ) COUNTY Ol~ ORA.NGE ) ss. CITY OF ANAH~IM ,l I,'.v[argaritu Solorio, Secretary of the .Anaheim City P{anning Commission, do hereby certify thut the furegoing resnlution wf-s passed ~nd udopted at a meeting of the An~l~eim Ciry Flanning Commission held on April 20. 1992, by the following vatc of the members thereof: AYES: LOMMISSIONERS: BOUAS, BRIS'I'~JL, HCLLYER, HENNINGER, MESSC, PEItAZA. ZEMEL NUES: COMPdISSIONERS: NONE AE3SCNT: C:OMMISSIONERS: IVONE 1N WCENfsSS WHFRE~F, [ havc hercunto set my hnnd this ~ day of '' ~ , 1992. " '~ ~~LL%_[,,,~~,`~~ SECRFICA~~, ANAHE[M C[TY P[.ANN[NG COMNISSION .4- PC~I22•5 ~