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PC 82-114~ ~. RL•'SOLUTI02J rro. Pcaz-iia A REiSOLUTION OF TFiE RNAEIEItd CITY PLANNITIG COPII4ISSIOt1 TII11T PI;TITIOPI E'OR COl•1DITIOtJAL USE PliRhffT f10. 233Q III1 GI2NITBD WHER~nS, the Anatieim City Planning Commission did receive a verified Petition for Conditional Use Permit from A. G. RIQiTER AtID DORIS Y.. RICfiTI:R, 30001 Crown Valley Par}:way, Laguna 2Jiguel, California, 92657, ~wners, and C. C. HUMPFiREY, 30001 Crown Valley Parkway, Laguna Niguel, California 92657, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE WEST 11 ACRES OF THE SOUTFI F~SALF OI' THE SOIJTfi EIALF OP THE SOUTfiL9EST QUAR7~R OF SECTION 1, TOT•TNSHIP 4 SOUTII~ R71:dGE 10 4TEST~ It1 TfIE RANCHO SAN JUAII CAJON DE SAYITA 11I~A, AS SHCYr]N Otd ~1 MAP RECORDED IY7 1300K 51 PAGE 10 OP DiISCELLI~NEOUS N(APS IN TfiF. OFFICE OF TfIE COUI~TY RECOP.DER OI' SAID COUNTY. EXCEPT TFIE SOUTHERLY 200.0 0 PEET OP TFi~ PIESTERLY 20~.~!1 FF.ET. WIIEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of P.naheim on June ~, iytt2, at 1:3(1 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Analieim riunicipal Code, Chapter l~s.~3, to hear and consider. evidence for and against said proposed conditional use permit and to investigate and make findings and rec~mmendations in connection therevrith; and WhERSAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and r~ports .,ffo,-o.~ at ~a; ~ hPal'i TQ _ [3(]PS find and determine the following facts : 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Plunicipal Code Secti.on 18.44.05~,010 to wit: to permi.t on-sale beer and wine in a proposed resta.urant with waiver of the following: SECTION 18.06.0231 - Diinimum number of parking spaces (542 spaces required; 512 spaces proposed) 2. That the requested waiver is hereby granted on the basis that customer pazking needs will vary due to the variety of businesses located in the surroundin,q shopping center and that peak parking demand will seldom occur. 3. That the proposed use will not adversely affect the adjoining land uses and tk:e growth and development of the area in which it is proposed to be located. ~1. That the size and shape of tlie site proposed for the use is adequate to allow the Eull development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare of the Citi~ens of the City of Anaheim. 5. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental t~ the peace, health, safety a~id general welfare of the Citizens of the City af nnaheim. PC82-tt4 h~i!Y~:cY.ti.».:r,;r, ...,... . . . , , !"~. 6• That tne trtffic 9enerated by th~ proposed use wi.ll not impose an undue burden upon the streets and hi9hways ~esiqned and improved to carry the traffic in the area. 7. That no one indicated their presence at said public hearing in opposition; and tliat no correspondence was reueived in ooposition to the subject peti tion. E[vV2RONh4:;JTAL It~ACT FIDIDING: That the 1~naheim City Planning Commission has reviewed the pmposal to p,;rmi.t on-sale beer and wine in a proposed restaurant with waiver of the minimum number of parking spaces on an irregularly-shaped parcel of iand consisting of approximately 8.7 acres located north and east of the northeast corner of La Palma Avenue and State College Boulevard (1086 North State Colleqe IIoulevard, U ni.t B); and does hereby approve the tlegative Declaration from the reguirement to prepare an environmental impact report on the basis that there would be no si9nificant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan desianates the subject property for general commercial land uses commensurate with the proposal; that no sensitive environmental impac~s are involved in t}ie proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, T}I~REFORE, BE IT RESOLVED that the Anaheim City Planning Commission does liereby gzant subject Pe tition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve t1~e safety and general welfare of the Citizens of the City of Anaheim: 1. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public LJorks. 2. That subject property shall be developed substantially in accordance with plans and specifications on file ~vith the City of Anaheim marked Exhibit Nos. 1 and 2. 3. That Condition No. 1, above-mentioiied, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is i:;sued, or within a period of one year from date hereof. whichever occurs first, or. such further time as the Planning Commission may grant. 4. That Condi tion No. 2, above-mentioned, shall be complied with prior to final building and zoning inspections. BE IT PURTHER RESOLVED that the Anahei.n City Planning Commission dces hereby find and determi.ne that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any condition or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, th en this Resolution, and any approvals herein contained, shall be deemed null and void. -2- Pc82-1t4 .-~. THE FOREGOING RESOLUTION is signed and approved by me this 2nd day of June, 1g82. ~ CF1A2 RO TEMPORE ANAlIEIM CITY PLAbI1•IING CONAtISS Of1 ATTEST: ~ h~w~ a Sf,CRETNtY, pNp,j~ihi CITY PLANNIPIG COt4ffSSION STATE OF CALIFORNip ) COI7PJTY OF ORANGE ) ss. CITY OF ANAEiEIpq ) 2, Edith L. Harris, Secretary of the Anaheim City planning Coimnission, dp hereby certi£y that the foregoing resolution was passed and adopted at a meeting of the Anaheim City P2anninq Commission held on June 'l, 1982, at 1:30 p.m „ by the following vote of the members thereof: AYES: COt~1[.[ISSIONF'RS~ B1~RtJEg~ BpUAS~ PRY, NERSST, KTPiG, t4C BURNEy NOES: COMNIISSIONERS: NONE ABSENT: COt~SSIOtdERS: SUSHORE IN WITI~SS WI~ REOF, I have hereunto set my han3 this 2nd day of June, 1982, SECRETARY, A1~IEIM CITy ~ ~JI ~, ~COMMI SSION -3- Pc82-tt4 ~~, ,.._ _,....__ .,...--~ ~,, ,,, ..~ _.,.:, . , . . . , _.. _