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Resolution-PC 93-32j Y ~ ~ ~. ,g~SOLU710N Nn. PC93~ ~ ~ A RESOLUTION OF THE ANAHEIM CI1Y PLANNING COMMISSION ~ 7HAT PE7ITION FOR CONDITIONAL U5E PEFiMl7 N0. 3593 6E 4RANTED I WHEREAS, the Anshelm Clty Plsnning Commisslon dld recoive a varifled Petition for i Condltianal Use Permit for certaln real properry situeted In the City of Anahelm, Counry of Oran~e, ~tate ~ oF Californla, described as: PARCEL 1: THAT PORTiON OF 7H~ SOUTHWEST GUARTER OF 3ECTION 12, TOWNSHIP 4 SOUTH, RANQE 11 WEST, IN THE RANCHO LOS COYOTE3, IN THE CITY OF ANAHEIM, COUNTY OF ORANCiE, STATE OF CALIFORNIA, AS ~i SHOWN ON A MAP REC~RDED IN BOOK 51, PAQE 11 OF MISCELUINEOUS MAPS, RECORDS OF OitANGE COUNTY, CALIFORNIA, DE8CRIBED AS FOLLOWS: PARCEL B, AS SHOWN ON A MAP FIL~D IN BOOK 42, PAC3E 29 OF PARCEL MAPS IN THE OFFICE OF TH~ COUNTY RECORDER OF ORANGE COUWTY, ~ CALIFORNIA. WHEREAS, th~ Giry Planning Cammission did h~ld a public hearing at the Clvic Center In the City of Anahelm on Merch 22, 1993 at 1:30 p.m., notfce of sald public hearing having been duly given as required by law and In accordance wfth the provisionu of the Anahe(m Municipal Code, Chapter ~8.03, to hosr and consider evidence for and agelnst sald pro~osed condftlonal uae permit and to Inveatigate and mako tlndings and recommendatlona In connectlon thorowith; and WHEREAS, sald Commisslon, after due Inspectlon, fnveatigatfon and study made by itself and In its behalf, and after due consid~ration of all ovidance and roports offered at sald heuring, does find and determine the tollowing t~cts: 1. That ths proposed use Is proporiy one tor which a condltlonal usa pormit Is authorized by Annhelm Municlpal Code Sectton 18.4~t.050.010 to permft tha on•premlae cale and coneumptfon of alcoholic bevereges in con)unction with a restaurnnt/bllifard centor; 2. That the proposed use Is properly one tor which e conditional use permft Is author(zed by the Zoning Code; 3. That tho proposed usa wlll not edversely atiect the adjo(ning land uses and the growth and development ot the area tn whicl~ ft fs propased to be located becauso it Is consistant with the Anahelm General Plan land use designgtlon for the area and ft ts compatible with the surrounding commerc(al land uses; 4. That the size ~nd shape of the sft~ !or the proposed use is adequate to allow thA (ull development of the proposod use In a manner not dstrlmentel to the paKicular area nor to tl~e peace, health, safety, and flaneral we{Iare beceuso adequete provision has been made for parking and scr9eninp irom the resldential zono boundary to the east; 5. That the tr~ific pan0rated by the proposecf uae wlll not fmpose en undue burden upon the streets and highways designed and Improvad to carry the tretflc In tha area; a. That the grenting of the conditfonal uoe permR under the conditlans Imposed wlll not be dotrimental to the peace, health, satery and general weltAre of the citizens of the Ciry of Anahelm; ~~: ~,,,~~r,. ~. CR 1760MS.wp .t . PC93-32 7. That Code Enforcement and Potice Depertment ataff Indlcated thelr satistaotlon with the existina on premise sale and consumption oF alGOholic beverage$ In the oxlsNn9 restaurant; 8. That approval for a perlod of ona year, wlth the possibiliry of tlme sxtensions, wlll allow the City to revfew the operatlon to determine wheth~r the faciliry has had any detrimenta{ effacta on the surrounding area; and 9. 7hat nA one Indlcated their presence at sald publlc hearing In oppositlon; and that no corracpondence was received in opposltlon 4o the subJact petitlon. ~LIFQAhI Ft~V~,,, IRONME-~T1°~L aUAUTY ACT FINDIN~: That the Anahelm City Plenn(ng Commisslon has rovlewod tha proposat to permft the on premisa sale and consumptlon of sicoholic beverages In conJunction with a restaurant/billiard centar on a rectanflularlyshaped parcel of land consisting of approximately 0.87 acre, havfng a irontage of approximately 90 feet on tha east sido of Beach Boulevard, a maximum depth of approxirnataly 301 teet, being located ~pproximately 1U50 feet north of the centerlfne of Lincoln Avenu~ ard furth~r describecl es 314 North BeACh Doulevard; and daes heroby approve the Negative Declaratior upon tinding that the declarxtlon reflects the Independent ~udgem9nt of the leaci sgency and that It has con3ldered the Negative Declaratlon together with any comments recefved during the pubiic revlew process and further iinding on the basis of tho Initlal atudy anc+ any commonts received that there is no substantial evidence tFiat the proJect will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anehetm Ciry Pianning Commission does horeby grant subject Petitlon for CondRional Use Permit, upon the followfng conditlons which are hereby found tu be a neceasary preraquisite to the proposed use of the subject property in order to prsserve the safety ancl general welfare oi the Cltfzens oi the Clty of Anaheim: 1. That the owner of subJect property shall submk a Isttar raquesting termination of Con~ltlonal Uae Permit Nos. d64 (to construct a dlrecttanal slgn t~cing 0each Boutevard) and 1307 (to permit on•sale Iiquor fn conjunctton with a proposed restaurant, with wafver of fence helght abutting e resid~ntiat zone) to the Zoning Divlsfon. 2. That a plan sheet tor solfd waste atorage and collectlon, and a plan ior racyclinp shall bo submitted to tlie Oopastment of Mafntenanco for revlew snd ~pproval. 3. Thac an on•sfte trash truck turn•around araa shall be provided and mafntained to the satisiaction of the Department of Maintenanco. 4. That trash storago areas shail be reiurblshed to the satisfactlon ot the Dapartment of Maintena~.ce to com~+ly wlth approved plans on file with seld DepaKmoM. 5. That plans ahall b9 submitted to the City 7rafflc and Tr~nsportatlon Menager for hls revlew and approval showing cunformance with the latest revisions oi Engfneering 3tandurd Plan Nos. 438 and 602 pertaining to parking standards And driveway locatlons. SubJect praperty shall theraupon be developed and malntalned In contorma~ce with sald plens. 6. That there shall be no coin operated tablea/emusement devlces, Iive ontertainmont, and/or dencinp on subject praporty. 7. That the epplfcent ahall apply icr and obtafn a pool room permft irom Ciry ,^~ouncit. 8. That subJect facllity shall be Iimfted to a maxlmum of fifteon (15) bllliani t~~los. `t' ~ ~"'~ -2. PC93~32 r"''' . 9. That the hours of operation shall ba Iimlted to the iollowing: Sunday through Thursday : 11:00 AM to 1:00 AM Friday and Saturday: 11:00 AM to 2:00 AM 10. That the unpermitted freostanding sign located adjecent to the front of the bullding shall bo removed. 11. That any proposed freestanding sign on subJect properiy shall bo a monument-type not exceeding eight (8) teet In helg"t and shall be subJect to the revlew and approval of the Citv Traffic and Tr~nsportation Manager to verify adequate Iines•of•sight. 12. 7hat the black wail adJacent to the oast property Ilne shall bo repalred and clfng(ng vines shall be plantod to cover sald wall, to the sat(sfactlon of the Planning Department. 13. 1'hat the parking lot shall be repalred, slurry sealed and striped, to the satisfaction of the Planning Department. 14. That the on•site landscaping and irrigatlon system shall be refurbished and maintafned in corcipliance with Clty stendards. 15, Thet this Conditlonal Use Permit Is approved tor a pariod of one (1) yesr irom the data oi thls resolutfon, untll March 22,1994; prov(ded, however, that the petitfoner may request addltfonel perlods of time in connection with a public haaring. 16. That eny on-site trees shall be malntained aitid prunod by a Iicensed arborl~t; and, In the event that any tree is removed, dama~ecl, diseased and/or dead, it ahall be replaced In a timely manner. 17. That the parking area edjacent to Seach Boulev~rcl ahall be screened'rom view In conformance with Zoning Code Sectlon 18.44.0B4.010 `Automoblle Parking Areas". 18. 7hat subject propeKy shail be dev~loped substantlally in accordance wfth plans ~nd specllicatfons submitted to the Cfty of Anahelm by the pe:ftloner and which plans are on tile with the Planning Department marked E~chibit Nos. 1 and 2. 1S. That prior to commencement of ihe actfvity authorized by thfs resolutlon, or prlor to isauance af a building permft, ar within a Werlod of ona (1) year irom the date oi this resolution, whlchever occurs iirst, ~onditlon Nos. 1, ~ and 5, above•mentioned, shall be complfed wfth. Exten~lons for further tima to complete said conditfons may be grantod in acoordance wlth aection 18.03.090 of the Anaheim Municipal Codo. 20. Thet priar to the cummencement of the activity auth~rized by this resolutlon, or prior to ilnal building and zoning Inspections, whlchever occurs ifrst, Condltion Nos. 3, 4, 7, 10, 12, 13, 14, 17 and 18, above-mentloned, shall be comptied with. 21. That approval of th(s appllcatton constitutes approval ot the propossd request only ta the extsnt that It complles with the Anahetm Munfcipal Zoning Code and any other applicable Cfry, State end Federal rogulatlons. Approval does not include any actlon or (Indfngs as to complfanco or approval ~i the request reQardln~ any~ other applicable ord(nance, regulatton or requirement. BE IT FURTHER RESOLVED that the Aneheim Ciry Plannina Commission does hereby ffnd end determine that adoption of this Resoiution Is expreasly pr~diceted upon appllcanYs complfance with each end all of the condltions herelnabove set iorth. Should any such conditlon, or any part thereof, bo declared fnvalld or unenforceabla by the flnal judgment of any couR o~ competent Jurtsdfctlon, then this Resolution, and any approvals herein containod, shall be deemad null and vold. ,.,~ ~~~~ .3. PC93-32 ~' THE FOREGOING RESOLUTION was adapted at the Planning Commisalon me~ting of ~ March 22, 1993. /~ _~~~~~1-~`--F ~ CHAIRMAN PRO-T MPOR~~- ANAHEIIv1 CITY PIANNINQ CAMMISSION i ATTEST: . !!lL!~.~ ~~~l~/ 'RETARY, ANQ~,q IM CI'tY PLANNINa COMMISSION I (/ I 8TATE OF CALIFORNIA ) i COUNTY OF ORANCiE ) ss. ! CITY OF ANAWEIM ) I, Janot 4. Jensen, Secretary of the Anaheim City Planninfl Commisslon, do hereby certify that the toregoing resutution ~vAS passed and adopted at a mesting of the Anahelm Ciry Planning Gommlaslon held on March 22, 1993, by tho foilowing vote of the membars thereof; i AYES: COMMISSIONERS: BOYUSTUN, CALDWELL, MAYER, ME$SE, PCRAZA, TAIT I NOES: COMMISSIONER5: NONE I ABSENT: COMMISSIONERS: WENNINGER IN WITNESS WHEREOF, I tiave hareunto set my hand this ~~ day of , 1993. S CRETARY, ANA CITY PLANNINa ~OMMIS310N ;`~~~/ ~ .q. PC33-32