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PC 79-43r- RESGLUTION N0, PC79-43 A RESOLUT10rl OF THE ANAHEIN CITY PLAN!lIt1G COr1N15510~~ THAT PETITION FOR CONDiT10NAL USE PER!11T N0. 192`3 @E GRAtJTEQ NHEREIIS~ thc Anahetn City Planning Commission did reccivc a verifled Petl[to~ for Conditional Use Permit from CQI~NECTICUT HUTUAL LIFE INSURANCE CO., $KEYSTONE r.oaT.AGE CO., PROPER7Y NA~iQGE'~E!(T DEPARTMENT, it3~~n Wes[ Olymptc Boulevard, Suite 32~. Los An9eles. California a~aE4. ormer, and KUANG YOU WU, 4722 Santiago Drive. La Palma, California Qo623, agent, of ccrtatn real properiy situated in the City of kn~heim. County of Orange, State of California, descrtbed as: Parcel No. i, in the City of Anaheim, County of Orange ~tate of California, a5 shown on a parcel r~p filed in trook 70, paqe 12, of Parce) Maps in the office of the County Recorder of satd County. NHEREFS, the Ctty Planntng Lommission did hold a public hearing at the City Hall in the f,ity of Anaheim on February 26. t°7?, at 1:30 p.m.. notice of safd public hearing havin9 been duly given as required by laN and in accordance with the provisfons of the Anahein Municipai Code~ Chapter 18.03, to hear and consider evidence for and against said proaosed condttlonal use ~nd to investigate and make findinys and recor.n~endations in cnnnect:on therewit-~; and ti1F{EREAS. said Commission, after duc i~spection, invesiiyation and study made by itsclf and in its bchalf~ and after due consideratlon of all evidence and reports of`ered at said hearing, does flnd and deternine thc folioM•in9 facts: 1. ~ha[ the proposed use is properly one for which a conditi~nal use permit is au[horized by Ana`~eim Municipai Code Section 18.44.050.01(~ to wit: to permit on-sale beer and wine in an existing restaurant with a waivcr of: SLCTtOi: i~.uG.GL; - ylnur:cur rurter cf ari.in s aces. 590 requ red; 51Q aroposed 2, That the proposed use is herchy granttd. j, That the proposed waivcr is hcreby granteJ on the basis that the subJect property and number of parking spaces are exceptionally large (8.7 acres) and that there ~~e numerous tenan[s which result in an over-lapping use oF the parking soaces because some uses wili have customers prtmarily durina the daylight hours while othcrs will have customers primarily d~ring the eventne~ hours. y, That the proposed use riill not advtrsely a~fect the adJotning land uses and the growth and de~ lopment of the area in Hhich it ts proposed ta be loca[ed. 5, That the s(ze and shape of the si;e propostd for thc use is adequate to alloH the full development of che proposed use tn a manner rtot detrtmental to the parttcular arca no~ to the peace, health, safety, and gcneral -~elfarc of thc Cftizens of thc Glty of Anahe(m. PC7~-43 6. That the granting of the Condttional Use Permit under the condttlons imposed, if any, will not be detrimencal to the peace. health, safety and general welfare of the Citizens of the City of Anaheim. 7, That no one indicated thelr presence at said public hearing tn opposition; and that no correspondence was received in opposiLlon to the subject petition. ENVIRONHE~~TAL IMPALT FIt~DING: The Planning Director or his au[horized representa[ive has determined that the prop~sed project falls ~•+ithin the definitton of Lategorical Exemp:tons, Class 1, as defined in Para9raph 2 of the City of Anaheim Environmental Impact Report Guidelines and is, therefore, categorically exempt from the requirement to preaare an EIR. NOW, THEREFORE, BE IT RESOLVED [hat the Anaheim City Planning Camn(ssion does hereby grant suaject Petition for Conditlonal Use Permlt, upon the following conditions wh(ch are hereby found to be a necessary prerequisite to [he proposed use of the subject property in order to preserve the safety and generai weifare of the Citizens of the City of Anahetm: t. That ihe owner(s) of subject property shall submit a letter requesting the termination of Conditional Use Permit ~~o. 1740 to the Planning Commission. 2. That subjeci property shall be developed substantia~~y in acccrdance wi[h plans and specifications on file rrith the City of Anaheim marked Exhibit Nos. 1 through 3. 3. That Condition No. 1, above-mentloned, shall be complied with prior Co the co~mencement of [he activity author(zed undcr this resolution, or prior to :he time that the building pernit ts issucd, or within a period of one year from date hcreof, Nhichever occurs first, or such further time as the Planning Commtssion may gran[. 4. That Condition No. 2, above-rnen[toned, shall be complted with prlor to final building and zcning inspections. BE iT FURTHER RESOLVED that the Anahelm Lity Planning Comrnission does hereby find and determine that adoption of this Rosolution is expressly predicated upon applicant's compliancc +atLh each and all of the condttions heretnabove set forth. Should any such condition, or any part thereof, be declared invaltd or unenforceable by the final judgmrnt of any court of competent jurtsdiction, then this Resolution, and any approvals heretn contained, shall be deemed nuil and void. THE FOREGOING RESOLUTION is signed and approved by me this 26th day of February, 197Q. ~ , A H. TY L ~YING COMMISSION ATTEST: ~ e.~.~ ~(. ~-- SELRETARY, ANAHEIM CITY PLAl~NING COMMISSIOPI -2- PC79-1F3 STATE OF CALIFORNIA ) COUNTY OF ORA4GE ) ss. CITY OF ANAHEIM ) ~, Edith L. Harris, Secretary of the Anahetm City Planntng Commission, da hereby certify that the foregoing resolutlon was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 26, 1~79. at 1:30 p.m., by the followtng vote of the members thcreof: AYES: COMMISSIOt7ER5: BARNES, BUSfiORE, CAVID, HERBST, JOHNSON, KING, TOLAR NOES: COMMISSIO~ERS: NONE ABSENT: COMMISSIONERS: IJONE ~979. (hl WITNESS WHEREOF, I have h~reunto set my hand this 26th day of February, ~~,~. .~ ~~,~,,...:. SELRETAP,Y~ ANAHEIN CITY PLANtJiNG COMMISSION -3- PC79-43