Resolution-PC 94-111RESOLU7I~N NO. nC94-111
A RF_SQLUTlUN OF'fHE ANAHEIMI CITY PL.ANNING COMMISSION
AMENGING CERTAIN CONDI710NS OF APPROVAL QF
CONDITIONAL USE PERMIT NO. 1890
WHEREAS, Conditlonal Use Fermit No. 1890 (to permit on-premise sale and consumption of
beer and wine in conjunction with an existing rastaurant at 2610 West La Palma Avenue (Peking China fiowl
RestaurantJ) was approved by the Plann(ng Commi~sion under Resolutlon No. PC78-227 on September 25,
1978 for a parlAd c~ two (2) years to expire on Soptomber ?.5, 1980, SubJect property Is located south and
west of the southwost corner of La Palma Avenue and Magnalla Avenue, having approximate irontages of
105 feet on the south side of La Palma P,vonu~~ and 457 feet on tho wesi side of Magnolla Avenue, ~nd
furtlier described as 2610 West La Palma Avenue; and
WHER[A5, sald Resalution No, PC78•227 includes the fnllowing condition of approval:
"2. That the proposed use Is grantod for a two (2) year period of time to dotermine
whether the use has had an adverse eKoct on the area ~and tl~at extensions of time
may be granted by the Planning Commission, upon written request by ihe potition,
followinfl a determination that the use has nat had an adverse impact."
WHcREAS, +he petitloner has requested mcxilflcation or deletion of sald Conditlon No. 2
pertaining to the tirt~e limitation; end
WHEREAS, throe subsequent time en~tenslons v~~ore granted hy the Planning Commission, the
last ono expiririg on September 15, 1989.
WFIEREAS, the Cfty Planning Comm(ssion did hoid e public hearing at the Civic Center in
t1~e City of Anaheim on August 22, 1994, at t:~0 ~.m., notice cf sa(d public hearing having boen duly given
as requireci by law and (n acr.orciance with the provisions of the Anahefm Municipal Code, Chapter 18.03,
to hear end consider evidence for and against said proposed amendment and to investigate and make
findings and recommondattons in connection therewith; and
WHEREAS, said Commission, after due Inspection, investiflatian and study made by ftself
and fn its behalf, and after ~ue consfderation of ali evidence and reports offered at said hearing, dues find
and determine tho followin~ facts:
1. That subJect corditional uso permit (s bein~ exercised in a manner not detrimental to the
narticular area and surround(ng land uses, nor to the publ(c peace, health, sAfety and genoral welFera;
2. That tl~e salo of beer and wlne at this restaurant has not had a detrimental effect on the
area;
3. That, in connoction with requesting amendment to subJect use permit, the property owner
submitted a letter requesting terminatiun of Conditional Use Pormft Nos. 1109 and 1181 pertaining to
Fo~ocy's (now closed), and tliat sald termination request Is scheduled for the Septombe~ 7, 1994 Planning
Commission agenda; and
4. That no ona indicated their prasence at said publia hearing fn opposition; and that no
correspondence was received in opposftion to the subject petition.
CR2174MS.WP -1- PC94-'I 11
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CALIFQ,RNIA,~,{~jVIRONMENTAL ~UALITY ACT FINDING; That the Anahelm City Plannin~
Comrnission has revfewed the propaeal to delete Condltion No. 2 of Resolution No. PC78-227 and doea
hereby flnd that the Negatlve Declaratlon prov(ously approved In connection with Conditional Use Perm(t
Na. t 890 fs adequate to serve as tho r~auired environmental documentation in connection with this request
upon findinc~ that tho declaratfon retlects the indepondent ~udgement of tho lead agency and that it has
considored the Nogative Declaration together with any comments roceivod during the publfc review
procoss and furthor finding on the bASis of the initial study ancl any comments received that there is no
substantial evidsnce that the proJect will ha.ve a significant efFecf on the environmont,
NOVJ, 1'HEREFORE, BE IT RESOLVED that tho Anaheim City Planning Commissfon does
horeby delete Condition No. 2 of Resolution No. PC78•227, in its ontfrety:
THE FOREGOING f~E50LUTI0N was adopted ~f the Planning Commisslon meeting of
August 22, 1994.
_~ ~i~ ~/ c. GC/~~[.~.J
CHAI-~N~ At~AI-IGIM CITY L.ANhING COMMISSION
ATTEST:
r
i CHETARY, AAJ' EIM CITY PLANNING COMMISSIQN
~TATE OF ~ALIFORNIA )
GQUNIY OF QRARGE ) ss.
CI7`( OF ANAHEIM )
I, .fanet L. Jensen, Socretar,~ oi the Anaheim City Planning Con~mission, do hereby oertify
that the foregoin~ rF~solution wa~ passed and adopted at a meeting of the Anahoim Clty Planning
Commissian held or August 22, 199~3, b~/ the following vote ~f tho membors thereof:
AYES: COMMISSIONERS: BOti'DSTUN, CALDWELL, hIENNINGER, MAYER, TAIT
NOES: CC7MM1$510NERS: NONE
AF3uENT: CQMMISSIONERS: MESSF_, PERAZA,
IN V'JITNESS VUHERL=OF, I havo hereunto sot my hand th(s „~~ day of ~~~,,~°~,,,
t 99~1.
~S CRETAH~ IM CITY PLANNING COMMISSION
i~~
-Z- i'C94-111