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PC 83-139,-, , , RESOLUTION NO. PC83-139 A RESOLUTION OE THE ANAHEIM CITY PLANNING COMMISSION THAT PETITZON FOR CONDITIONAL USE PERMIT NO. 2478 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Condi.tional Use Permit from MINI M. VIEWS, LTD., 1335 State Street, Santa Barbara, California 93101, owner, and SAMBO'S RESTAURANTS, INC., 6400 Cindy Lane, Carpinteria, Califocnia 93013, agent of certain real property situated in the City of Anaheim, County of Oran9e, Stata of California, described as: LOT 1 OF TRACT NO. 5302, IN THE CITY OF ANAHEIM~ COUNTY OF ORANGE~ STATE OF CALIFORNIA, AS PER i4AP RECORDED IN BOOK 195 PAGES 30 and 31 OF MISCELLANEOUS MAPS, IN TEiE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFRUM THAT PORTION THEREOF LYING NORTHERLY OF A LINE PARALLEL WZ7.'H AND SOUTHERLY 195.00 FEET FROt4 THE CENTERLINE OF ORANGEWOOD AVENUE, AS SHOWN ON SAID MAP. ALSO EXCEFTING THEREFROM THE SC~UTHEkLY 265.00 FEET THEREOF. WHEREAS, the City Planning Commission did hold ~. public hearing at the Civic Center in the City of Anaheim on August 8, 1983, at 1:30 p.m., notice of said puhlic hearing having been duly qiven as required by law and in accordance with the provisions uf the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said propose3 conditionai use permit and to investigate and make fin9inqs and recornmendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due r,onsideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.010 to wit: to permit on-sale beer anc3 wine in an existiny restaurant. 2. That the proposed use will not adversely affect the adjoining land uses and the 9rowth 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 nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 4. That the 9ranting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. #0012r PC83-139 ~ w~ v,~as=. . .. . . ie'ij 5. That the traffic generated by the proposed use wi.ll not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. G. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVZRONMENTAL IMPACT FINDING: That tne Anaheim City Planning Commission has reviewed the proposal to permit on-sale beer and wine in an exisl•ing restaurant on a rectangularly-shaped parcel of land consisting of approximately 0.92 acre, having a frontage of approximately 200 feet on the east side of Harbor Boulevard, approximately 200 feet south of the centerline of Orangewood Avenue and further described of 2110 South Harbor Boulevard (Season's Restaurant); and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for general commercial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Dlegative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition 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 the safety and general welfare of the Citizens of the City of Anaheim: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting putposes along Harbor Boulevard in an amount as determined by the Cit~ Council. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 3. That prior to the commencement ot the ac~;ivity authorized under this resolution, or grior to the time that a building permit is issued, or aithin a period of one year from the date of this resolution, whichever occurs first, Condition No. 1, above-mentioned, shall be complied with. Extensions for f.urther time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 4. That prior to final building and zoning inspections, Condition No~ 2, above-mentioned, shall be complied with. BE IT FURTk3ER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly ; predicated upon apNlicant's compliance with each and all of the conditions ; hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any couzt of competent jurisdiction, then this Resolution, and any approvals herein , contained, shall be deemed null and void. ~ -2- PC83-139 i7~i:+::~,1~!:'~;:r ~;- • --~ THE FOREGOING RESOLUTION is signed and approved by me this 8th day of August, 1983. H MAN, ANAHEIM CITY PL NG COMMISSION ATTEST: T"Q~l~ ,~.° ,2,lLLt.c.w SECRETARY~ ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Comm~.ssion, do herehy certify that the foreqoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 8, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, FRY, HERHST, KING, LA CLAIRE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUSHORE, MC BUkNEY IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of August, 1983. ~~ -~ ~.~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -3- PC83-139