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PC 81-203RESOU~TIOr~ r~p. PC£31-2~ A R[SOLU1'10"1 QF THF AHAI'EI'" CITY PLP.~!NIHG C~!1!+lSSION THAT PET(TIOH FnR C!1~101'~1~~1;1L USf_ PFR~^IT M0. ?2~1i 3E G~Ar~rcn 41HEREAS, the Anaheim r.ity Planning Comr~ission did receive a verified PeYition for Conditional Ilse Permit from J/1C1< C. CHOU At!p D~RIS H. CFIn11, 17~1 1lalley 2uail Drive, Sarta Ana, California !127'15, oo-mers, an~i C r. r R.fcTl~~14A!!TS, I`!C., ~3'1^ East blashin,yton Goulevard, City of Commerce, California ~Onh~~ agent, of certain real property situated in Che City of Flnaheim, Co~~nty of nran~P, State of California, described as: PARCEL 1: That portion of the Plorth~~est quarter oF Fractional Section 2f, Too-mship 4 South, Ranqe 10 blest, in the °ancho San Juan Cajon De Santa Ana, 4111EREA5, the City Planning Commission did hold a puhlic hearinq at the Civic Center in the City of Anaheim on Septemher 2~, 19f31, at 1:3~ p.m., notice of said publtc hearing having been duly given as required by tati•~ and in accordance wtth the provisions of the Anaheim Municioal Code, Chapter 13,~3, tc hear and consider evidence for and against said proposed conditional use permlt and to investinate and make finclings and recommendations in connection there~•~ith; an~f ~ WHE~EAS, said Commission, after due inspection, investigation and study made by itself and in its hehalf, and afier due consideration of all evidence and reports offered at said hearing, does find and deterfiine the follo~ving facts: 1. That the proposed use is properly one f~r which a conditional use permit is authorfzed by Anaheim .Municipal Code Section 1Q.L1.~50,3~^ to wit: to expand an existing restaurant in the ~1L (industrial, Limite~l) Zone ~•iith ~•raiver of: 5ECT10^1 i8.51 ~64.~12~ - Flaximum wall height. ~ eet permitted in fr~nt of 1~ eet of sethacl:; 3 feet proposed) 2. That the waiver is granted on the hasis *_hat tlie proposed low decorative wall will not interfer with traffic sight distance alon~ Katella Avenue, 3. That the proposed use ~r111 not adverselv affect the adjoininq land uses and the growth and development of tfie area in o-ihich it is pr~posed t~ be located. 4, That the s(ze and shape of the site proposed for the use is adequate to allow the f~il development of the proposed use in a manner not detrimental r~ the particular area nor to the peace, health, safety, and general welfare of the C?ti~ens of the C1ty of Anahcim, 5. That the granting of the Conditional Use Permft under the conditions imposed, if any, ~~ill not be detrlmentai to the ~eace, he~lth, safety and _yeneral welfare of the Citizens of the City of Anaheim. PC81-203 G That the traffir generated hy the pr~pose~l use ~•~ill not impos> an undue burden u~on the streets and high~>ays desianed and imnroved to carry the traffic in Yhe area. 7. That no one indicate~i t5eir presence at safd puhlic hearing in opposition; and that no correspondr_nce ~ras received in npD65ition to the subject pet i t ior., [PIVIP,OtIMi:"ITAL I'1PACT FiN01NG: That th~ llnaheim City Plannin~ Corr~issi~n has revie~•led the proposal to expand an existing restaurant in the Ml. (Industrial, Limited) ZOnP. ~~ith waiver of ,naximum o-rall height, on an irregularly-shaoed parcel of land consisting of approximately 1.59 acres located south and a~est of ttie south,~est corner of Katella Avenue and Lewts Street, having a frontane of aporoximately 175 fieet on the south side of Y,atella Avenue and a frontage of ~^ feet on the west s~de of Lewis Street (71~ East Katella Avenue); and does herehy approve the !legative Dzclaration from the requirement to prepare an environmental imoact renort an the basis that there ti•~ould be no signif}cant ir.dividual or cumulatlve adverse environmental impact due to the approval of this Negative Declaration stnce the Anaheim General Plan designates the suhject property for general industrial land uses cormensurate r~ith the prnposal; that no sensitive environmental impacts are involved in the prnposal; that the lnitinl Study suhmitted 6y the petitioner indicates no stgnificani individual or cumulat'tve aciverse environmental imnacts; and that the Negatfve Declaration substantiating the foreooing findings is on file in the City of Anaheim Planning Department. NOIJ, THE°EFOR~, a[ IT RESOLVED that the Anaheim City Planninq Cammission does hereby grant suhject Petit(on for Conditional llse Permit, upon the followinq condttions ~rhich are hereby found to he a necessary prereauisit~ to the aroposed use of the subject property in order to ~reserve the safetv and ~1Pneral welfare of the Citizens of the City of Anaheim: ~ 1. That the owner(s) of subject property shall pay the tra`fic sic~nal assessment fee (Ordinance No. 38~6) in an amount as deterr~ined by the Clty Council, for cortrnercial buildings prior to the issuance of a huildin~ permit. 2. That trash storage areas shall be orovided ln accordance with approved plans on ftle ~•ritfi the Office of the Executive Dirc~ctor of Puh)ic Works. 3. That subject property shall be cieveloped suhstantia~ly in accordance with plans and specifications on file ~~ith the City of Anahelm marked Exhihit P!os. 1 through 3. !i. That Condition Nos. 1, 2, a-d 3, aho~ie-mentioned, shall be complied wlth prior to final buildinq and zoning inspections. BE IT FIIRTHFP, R~S~LVED that tne Anaheim C(ty Planning Conmission dors hereby find and determine that adontion of this Re~~>lution i5 ~x~ressly predicated upon applicant's compliance ~o(th each and all of the cnndi!ions hrrelnahove set forth. Should any such condition, or any par~ the;~of, be .ic~lar~d invalld or unenfnrceable by L'he final judgment o` any court o~ competent jur.sdiction, then this Resolutton, and any approvals herein ~ontained, shall bc dPemec h~.i'~ and void. -2.- PC81-203 THE FOP~Ef,QING RESOLUTiO~I is signed and ~nproved hy me this 7_lst day o'r September, 19~1. ~ v..a~ CH IR~1Ahl, AFlAHE!t~ CIT LAhdNlr;r, Cl1M~?ISSI~~J ATTEST: ~.~ ~° -~ti~ SECRETARY, A!IA.HE IM C ITY ?LANr~ l ~~r, COMN I SS I ON STATE OF CALlFORNIA COUPJTY OF ORA?!GF ) ss. C iTY OF AI~AHE 1;~1 ) !, Edith L. Harris, Secretar•y of thr Anaheim City Plannina Commission, do hereby certify that the foregoine~ resolution aras p~ssed and adopted at a meeting of the Anaheim City Planning Commission held on Septem~.er 21,1^81, by the follc~winq vote of the members thereof: AYES: COMMISSIO^IERS: BAP,~lES, BOnAS, BUSNOP.E, F?Y, HERRST, KIN~, TnLAa NOES: COMMISSIO~lER5: N06!E ABSENT: COMMISSIONERS: ~~ONE IN 41-TNFSS 1-lf1ERFOF, I have her•eunto set my hand this 21st d~y of 5eptember, 1981. ~~-~~ ~,' ~ ~ --'~~-_----- SECRF'fARY, AhIAHE I M C I TY P~4~l~i I ~JG CnMM I SS I ON -3- PC81-203