Resolution-PC 93-124A RE50LU7tON OF THE ANAHEIM CITY PLANh11NG COMMISSION
THAT PETITION FdR CONDITIONAL USE PERMIT N0. 3643 B[ GRANTED
WHEREAS, the Anaheim City Pianning Commission did recelve a verliled F'etition for Conditional
Use PArmit for certaln real properry sltuated In the Clry ot Anaheim, Counry of Orange, State of Calffornla,
descrlbed es:
PARCEL 1 AF PARCEL MAP N0. 82-259, AS 5HOWN ON A MAP FILED iN BOOK 177, PAQE
1~ OF PARCEI_ MAPS, IN THE OFFIC;E OF THE COUNTY RECORDER OF ORANQE COUNTY,
CALIFORNIA,
AND !
PARCE~ 2 OF PARCEL MAP N0. 82-259, AS SHOWN ON A MAP FILED IN B00{C 177, PAGE
14 OF PARCEL MAPS, {N THE OFFICE OF THE COUNTY REGORDEFi QF ORANQE COUNTY,
CAUFORNIA.
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WHEREAS, the Ciry Plenning Commiss~ ~ dfd hold a pubiic hearing at the Clvic Center j
fn tho City of Anahelm on Novemb~r 15, 1993 at 1:30 p,m., notfce of sald public hearing having been duly
given as required by law end in accordance with 4he provisions of the Anahelm Municipal Code, Chapter
18.03, to hear and consider evfdence lor and agalnst said proposed conditional use permit end to
investignte and make iindings and recommendations in connectlan there~ith; and
WHEREAS, said Commiaslon, after due inspectlan, Investigutlon and study mpde by Itself
and in its behalf, And atter due conslderatfon of ail evic+ence end roports oHered at sald liearing, cioes flnd I
and determine the followin~ facts: I
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1. That the petitioner requests appravai of a conditlonal use permic undar authorky of Code ~
Seation 18.44.05U.010 to permft the on-premiae sale and consumption of alcoholic beverages in
conjunctfan with a proposed 1,095 sq.R. axpt~nsion to an existinp restaurant. (
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2. That the proposed use is properly ona tor which a conditfonal use pormit is authorized by ~
the Zoning Code. ~
3. 7hat the proposod use, aonslsting of on•premis~a salo and conaumptlon of alcoholic
beverages fn an expanded re~taurant, will not adversely aHect the adJoining land uses nor the growth and
development of the area (n which it Is proposed to be tocated.
4. That the size and shape of the s(te for the proposod use Is adequete to allow the full
development of the proposed use in a mannor not detrfinental to the particular area nor to the peace, ~
health, safety and general weif~re because the exlsting busineas has been fn operation for 27 yoars end, ; 'i,, ;
to date, the Ciry has no record oF any Code Eniorcement Investf~atiens or complaints. ~ `~~
5. That the traHlc generated by the proposvd use wlll not impose an undue burden upon the
streets and highways desfgned and improved to carry the traNfc fn the area because the parking provided
for the propoood and existlng uses exceeds Code requfrements.
6. That the grant(np of the conditlonat the conditlonal use permit under thA conditions
fmposed wlll not be detrimental to ihe peace, health, satety end general welfare of the cftlzens of the Clty
ot Anahefm.
7) 7hat no one fndicated thefr presonce et said public hearing fn opposftion; and that no
carrespondence was received in opposition to the sub)ect petitfon.
CR 1949JJ.WP •1- I'C93-124 ~
~g~,jFORNIA ENVIRONMENTAL ~UALITY ACT FINDING: That the Anahelm City Planning ~
Commfsaion has rev(eweJ the ~roposal to permit sale and consumption of alcoholic beverages In
conjuncti~n with a proposed 1,095 aquare foot expansion to an oxiating restaurant on a rectangularly ~
shaped pArcel of land consisting of ~~proximately 1.08 aores having a frontage of approximately 110 feet
on the s~uth sfde of 6ali Road, havfng a rna>;Imum depth of approxfinetely 428 faet, being located ~
apprcximateiy 340 feet east of the centerllne of Brookhurst Stroet and furthar deacrlbed as 2170 West Ball I~
Road; and does hereby approvc~ tl~e Negative D~~cla~ation upon finding that the declaratlon re8ects the 3b
independent Judgement of the lead agency and that k has consldersd the Negative Declaration together ~
with any comments recelved during ihe publtc revlow process and furth-~r find!ng on the basis of the initial
study and any comments received that there is no substantial svidence that the proJact wlll have a
significant effect on tho enviranment.
NOW, 'fHEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does ~
hereby grent subJect Petition for Conditional Uso Permit, upon the following conditlons which are hereby ~
found to be e necessary p~erequisite to the proposed use of the subJect property (n order to preserve the
safety and general welfare of the Citfzens of the G-ty of Anaheim:
1. That subjoct business shall continuously adhere to the follawin~ conditions, as requl~ ed by the Pollce
Departmont:
a. Food aorvice, including meals, shAll be avallabie until closir,g tlme on every day of cperation.
b. The alcoholic beverage Ilcense shall not be exchanged for a publlc premises type Iicense nor
shall the premises be operated as a public premises.
c. The sale of c~lcoholic t~overages fior consumpt(on o1f the prc~mises shall be prohibltod.
d. The quarterly gross sales of alcoholic beverages shall riot exceed the gross sales oi foud or
othor commodities durin~ the same perfod.
e. 7here shali be na e~erfor advertlsing oi Any klnd or type, including advartising dfrocted tu the
exterior of the bul,dinp irom within, promoting or Indlcating the availability of alcoholic
beveragos.
f. The parkin~ lats for ihe premises shall '~a equfpped with tight(ng af suHfcfent power to flluminate
and maka aasily dfscernible the appef rance and conduct of all persons on or about the parking
lots.
g. No alcohul(c beverages shall be consumed on any proparty adJacent to the prerr~ises er,d under
the control of the applfcant.
2. That plans ohall be submitted to the Cfty Trafffc end Transportatlon Manager for his rev(ew and '
approval showfnfl conformence with the latest revislons of Engineering Standarcl Pl4n Nos. 436 and ~
602 pertalning to pArkfng standards and drlveway tocatlons. Subject property sha11 thereupon be ~
developed and maintafned In conformanc3 with sald plans. ,~~+~
3. That all dr{veway~ on Bali Road shall be reconstructe~ with ton (10) faot radlus curb returns as
requfred by the City Engineer in conformance wfth Engineerfng Standards.
4. That trash storage areas shali be provfded and Rsafntafned fn a location acceptable to the Depzrtment
of Maintenance and in acccrdance with approved plans on ifle with said Department.
5. That a pten sheet for solfd waste sto~age and collectfon, and e plan for recycling shail ue submitted
to the Department of Mafntenance For reviow and appraval. ~,
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.2- PC93•124 ~
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6. That subJect property shall be developed subatr~ntlally in accordance with plsns and apecificatlons
submitted to the City of Anahofm by the petitionar and which plans aro on iile wkh ti~~e °lann~ng
Department marked Exhlble Nos. 1 and 2.
7. That prlor commencement of tho activfry hereln epproved, or prior to issuance of a building permit,
or withln a period of one (1) year irom the date of thls resotutlon, whichaver occurs firet, Condltlon
Nas. 2, 4 arid 5, above•montioned, shall be complied with. Extensions ior further t(me to complete
said oondftions may be granted in accordance wfth Section 18.03.090 of the Anaheim Municfpal C~de.
e. 7hat prfor to final bullding and zoning inspections, Condition Nos. 3 end 6, above-mentloned, shall
be compifed wlth.
9, That approval of ti~is appllcation constitutes approval of tlie proposed requesi only to tho axt~nt !hat
it complies with the Anahaim Muntclpal Zoning Codo and any other applicable City, State and Federal
retiulations. Appr~val does not Irclude any action or findings as to compliance or approval of the
request ro~Arding any other appllr,Abla ordlnancs, regulaNon or r~quirement.
BE iT FUR7WER RESOLVED that ths Anahelm Ciry P!anning Commisslon does hereby flnd
and determfne thet adoptlon of thfs Rasolution is expressty predfcated upon applicant's campllance with
each and all of the conditlons horelnabove sAt forth. Should any such conditlon, or any part thereof, be
doclared invalid or unen(orceabie by the flnai Judgment of any court of competent Jurisdiction, thsn thls
Resolut(on, and any approvals herein contained, shali be doemad null and vold.
TWE FOREGOING RESOLUTION was adapted at the Planning Commlaslon maeting of
Novamber 15, 1993.
_J~~~~~tC""` ,+ '
CHA{RMAN ANAHEII~A CITY P N~il G COMMISSfON
ATTEST:
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SECRETARY, ANAHEIM CI L4Nf~ING COMMISSIpN
STATE OF CAIIFORNiA )
COUNTY GF ORANGE ) ss.
QITY OF ANAHFIM )
I, Edith L. HNrris, Secretary of the Anaheim Clry Piannfng Commission, do hereby ceRffy
that the tareqoing rosolutlon was paased end adopted at a meeting oi the Anaheim Ciry Plannin~
Comm~ssion held on November tb, 1993, by the following vote oF the members thareof:
AYES: COMMISSIONERS: BdYDSTUN, CALDWELL, MESBE, PERAZA, TAIT
NOES: COMMISSIONliRS: NONE
ABSENT: COMMISSIONERS: HENNINGER, MAYER
IN WITNESS WHEREOF, I havo hereunto set my hand this ~i~ day of
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SECRETARY, ANAHEIM CIN F'LA NINQ COMMISSION
,3. PC93-124
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