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Resolution-PC 96-74~ ~ RESOLUTION NO. PC96-74 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC94-16 ADOPTED Ifd CONNECTION WITH CONDITIONAL USE PERMIT NO. 3656 WHEREAS, on February 7,1994, the Planning Commission adopted Resolution No. PC94-16, approving Conditional Use Permit No• 3656 to Pem-ft on-premises sale and consumption of beer and wfne in conJunction w(th an existing full service restaurant with waNer o` minimum number of parking spaces on properry located at 2662 Vest Uncoln Avenue; 1NHEREAS, Condition No. 15 of said Resolution No. PC94-76 specffies the following: '15. That subject use permft is granted for a period of ans (1) year ta expire on February 7,1995; provided, however, that time extensicns may be sought (n connection with a future Planning Commissian public hearing' WHEREAS, on March 20,1995, the Planning Commfssion granted an addftional yearto subJect entitlement to expire on March 20, 9996 because the petftioner had rec9nUy purchased the business. WHEREAS, subject property is developed with a commerciat shopping center in the GL (Comm~rcial, lJmitecJ) Zone. WHEREAS, Kamlesh Patel, petitioner, requests deletion or modiflcation of Condition No. 15 pertaining to a time limitation to retain a 2,254 sq.ft. restaurant wfth on-premises sale and consurnptfon of beer and wine. WHEREAS, the City Pianning Commisston did hoid a public hearing at the Civic Center in the Ciry of Anaheim on August 5, 1996, at 1:30 p.m., notice of said public hearing having bRen duly gNen as required by law and in accordance wfth the provisions of the Anaheim Municipal Code, Chapter 16.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WFiEREAS, said Commission, after due Inspection, investigation and study made by ftself and in fts behalf, and after due consideration of all evidence and reports offered at said hearing, does flnd and determine the following facts: ~, That subject use permft is befng exercised in a manner not detrimentai to the particular area and surrounding land uses, nor to the pubUc peace, health, safer~ and general welfare; and that granting of 1997; dand that said iltwolyear peritedrsh u d b adequate to udge ther itmpac~ that subJect u eI hasahad upon the surrounding area. 2. That no one fndicated their presence at said public hearing in opposNion; and that no carrespondence was received in opposftion to the subJect petftfon. CAL~FORNIA ENVIRONMENTAL (~UALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal and does {~ereby flnd that the NegatNe Declaration previously approved in connection with Conditional Use Permit No. 3656 is adequate to serve as the required enviranmental documentation in connection with this request upon flnding that the declaratlon reflects the independent judgement of the lead agency and that ft has consldered the previously appro~~ed NegatNe Declaratfon together wfth a:~y comments received during the public review process and further Bnding on thd basis of the inftia{ study and any comments receNed that there is no substantial evf~ence that the project will have a signff(cant effect on the environment. ~ Pcssaa CR2708DM.WP ~ ~ NOW, TliEREFORE, BE IT RESOi.VED that the Planning Commission does hereby amend Conclition No.15 of Resolution No. PC94-16, adoptecl in conjunctfon with Cond~ional Use Permk No. 3656~ to read as fdlows: •~5, That subJect use pem~it is granted for a period of 1(one) year to expire on March 20, 1997.' THE FOREGOING RESOLUTION was adopt a: the Planning Commission meettng of August 5, 1996. n'f ,_ yG CHAIRMAN, ANAHEIM CITY PLANNIWG COMMiSSION ATTEST: ~ 6 SECRETARY, NEIM CITY PLANNING COMMISSION STATF OF CALIFORNIA ) COUM'Y OF OFtiWNGE ) ss. CITY OF ANAHEIM ) I, Margart'~a Solorio, Secretary of the Anaheim City Planning Commissian, do hereby certify that the foregoing resolucion was passede f~ilowinpvoe of the members 2hereof: heim Ciry Planning Commission held on August 5, 1996, by 9 AYES: CUMMISSIONERS: BCrSTWICK BOYDSTUN, BRISTO~, MAYER, MESSE, PERAZA NOE3: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HENNINGER ItV WITNESS WHEREOF, I have hereunto set my hand this ~ 1~ day of ~uc,~(~~__~ --•-~ ~ 1996. ~ ~~ QX SECRETARY, A HEIM CITY PLANNING COMMISSION -2- PC96-74