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PC 80-161RESOLUTIOPJ Mq. PCf30-1F.~ A RESOLUTIOtI OF THE ANAHF.IFt CITY PLAFIPlIN~ C0111115SION THAT PETITIOPI FOR COtIDITIOtdAL USE PERMlT ~In, ~~~~ gE GRAPITED WHERE/1S, the Anaheir~i City Planning Cunmission did receive a verffied Pe t t t i on for Cond i t i ona 1 Use Permi t f rom LAK[V I Eti! PLAZA I ~IVESTPIE~l7 CQ. , LTD. , 161 Totvn and Country, Orange, California, 925L-r, o~•:ner, and THE b1ESTERNER SANDWICH E DELICATESSEN, VIOLET BRUEGEL~ 1~20 North Lakevie~•~ Averue~ Anaheim, California 92P07, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California~ described as: Parcel 2, in the City of Anaheim, as sho~•m on a map recorded in Book 110, Paqes 48 and ~E9 of Parcel Mans, in the office of the County Recorder of saic' County. 41HEREAS, the City Plannir.g Commission did hold a public hearing at the f.ivic Cznter in the City of Anaheim on September ?2, l~ii~, at 1:3~ p•m., notice of said public hearing having been duly given as required by ta~~~ and in accor~iance with the provisions of the Anaheim Municipal Code~ Chapter 1?.fi?, t~ hear and consider evidence for and against said proposed conditionai use permit and to investigate and make findings and recommendations in connection therewith; ancf 41hIERE/1S, said Commisston, after due inspection, investigation and stu~y made by itself and in its behalf, and after du~ conslderation of all evi~lence and reports offered at said hearing, does find and determine the follcwing facts: 1. That the proposed use is properly one for which a conditional use perr,It is author;<ed by Anahelm Municipal Coc1e Section 18.wti,CiSir.~)in to wit: to permit on-sale beer and wine in an existing restaurant. 2. That the proposed use w?I1 not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area n~r ta the peace~ health, safety, and general arelfare of the Citizens of the City of Anaheim. 4. That the granting of the Conditional Use Permit under the conditions imposed, if any, ~,rili not be detrimental to the peace, health, safety and general welfarA of the Citizens of the City of AnaF~~im, S. That the traffic generated by the proposed use will not impose an undu~ burden upon the streets and high~~rays designed and improved to carry the trafftc in the area. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence aias received in opposition to the subject petition. PC30-161 ^~~° ENV~RONMEPITAL IMPAC7 FIIJDING: The Planning Director or his authorized represe~itative has determined that the proposed project falls w~thin the definition of Categorical Exemptions, Class 1, as defined in Paragraph ?_ c~ the ~ity of Anahetm Environmental Impact Report Guidetines and is, ther~fore, categorically exempt from the requirement to prepare an Elk. N01!, THEREFORE, EiE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the followtng conditions ~ahich are hereby found to be a necessary prerequisite to the proposed use of the subject prooerty in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1, That subject property shall he developed substantially in accordance with Plans and specifications on file ~~ith the City of Anaheim marked Exhihit ~~os. 1 and 2. BE IT FURTHFR RESOLNED that the Anaheim City Planninq Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the cc+nditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of compctent jurisdiction, then this Resolutfon, a~d any approvals herein contained, shall be deemed null and void. TIIE FOREGOIP~G R[SOLUTIOtJ is signed and a~prov~d by ma this 22nd day of September, 1980. ~ . CNAIRFAN, ~"IAHtIM CITY LAMNItJf= f.OMMISSION ATTEST: l0 ~ ~ ~~ SECRETARY, ANAHEIM CITY PLA~'MING COHMISSION STATE OF CALIFORtdIA COUPlTY OF l1RANGE ) ss. CITY OF At~AHEIM ) 1, Edith L. Harris, Secretary of the Anaheim City Planning Commissian, do hereby certify that Planninag~Co issiontheld~ron Septemherd27.dop°''n,abyatheefollaving the Anaheim City vote of tlie members thereof: AYES: COPiP11S510NERS: BARNES, DOUAS, BUSf!ORE, FP,Y, HFRRST, ,<IN~, TOLAR NOES: COMMISSIO~fERS: ~lONE ABSEPIT: CC1M111SSIOMERS: MOME IPl WITtlESS WHEREOF, I have hereunt~ set my nand this ?2nd day ~f September~ 1980. SECRETARY, API~~'~ CITY ~LAt`IPi1tJ~ 0 MISSION _2_ PCSO-161