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PC 79-116RESOLUTIOt~ tJO. PL79-116 A RESOLUTI01~ OF THE A~~AfIEiM ClTY PLANNItIG COttMI5510N THAT PETITiON FOR CONDITIONAL USE ?ERMIT N0. 198£~ BE GRA~~TED WIIEREAS, the Anaheim City Planntng Cannission did recetve a verifted Petition for Conditional Use Permit fran CAI~YOtI PLAZA SHOPPItIG CE~lTER~ P. 0. 9ox 7250, Newport Beach, California, 92660, owner, and GP,ISNOLQ'~, 555 West Foathill Boulevard, Claremont, Anahcim, Californta 91711, a9ent, of certain real proper[y situated in the Cfty of Anaheim, County of Orange, State of Californ(a, described as: PARCEL 2: That portion of Lot 3 of the Dominquez Estate, as shown on a Map filed in book 2, page 15 of Record of Surveys in the OfPice of the County Recorder of said Lounty, descrtbed as follows: Commencing at a point in the centerline of Placentla- Yorba Road, as shown on pians entitled "Plan and Profile o` Placentia-Yorba Road", on file in the Offtce of the County Surveyor of said County, distant thereon North 0° 28' 36" East, 384.4t feet from its intersection with the ce~[erline of Santa Ana Canyon Road, 60.00 feet wide, as shorrn on a Hap on flte in said Office of the County Surveyor; thence South 83° 46' S7" East, 230.68 feet to the West line of that certain parcel of land described in deed to the State of California recorded January 23, 1953 in book 2441, page 84 of Offlclal R~cords In said offTce; thence t~orth 65° 02' 06" East, 202.77 feet to [he true point of beginnin~; thence North 86° 25' 25" East, iF0.31 feet; thence North 71 12' 00" East, 116.09 feet to the Southerly corner of that certain parcel of iand descrfbed in deed (State Pareel C2577) recorded February 27, 19G9 in book E895, page 577 of Official Records, in said o`fice; thence along the Easterly line of said Lot 3, South 0° 32' 18" West, 609.26 fec[ to a point in the Northerly line of the Santa Ana Valley Irrfgation Company Canal right-of-way, the centerline of which is shown on Map filed in book A, payes ~4 to 50 inclusive , of Record of 5urveys. in said office, said point being on a curve concave Northerly and having a radius of 818.20 feet; thence fran a tangent bearing South 8Go 20' 31" West, Westerly along said curve ihrough an an91e of 22~ 40' 42", an arc distance of 323.85 feet [o the Southerly :~.ntnus of the Easterly line shown as "South 1° 50' 03" west. 257.5~1 feet" (n Parcel 2 of that por[ton of Imperial Nighway relinquished [o che City of Anaheim (Re1-820) by resolutfon of the California Highway Commission a certified copy of whtch resolutio~ Ts recorded in book to9G9~ page 47 of safd Official Records and as shown on Map recorded Hay :'3, 1973 in book 9, page 9, of State Hi9hway Maps, in saTd office; tnence along said Easterly Iine of Imperial Htghway North 1° 50' 03" East. 257.80 feet; thence North 9° 56' 32" East, 276.46 feet to the true polnt of beginning. UHEREAS, the Cfty Planntng Commission dld hold a public hearing at the C1ty Hall in the City of Anahelm on June 18, 1979, at 1:30 p.m., notice of sald public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.~3~ to hear and conslder Pc79->>6 ~, ' 1. evidence for and against said proposed conditlonal use and to tnvestigate and make findings and recommendattons in connection therewiih; and NHEREAS~ said Commisston, after due inspection, investigation and study made by itself and (n its behalf, and after due consideratlon 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 condittonal use permit ts authorized by Anaheim Municipal Code Section 18.li4.050.010 to wit: to permit on-sale beer and wine tn an exist)ng res[aurant. 2. That the proposed use will not adversely affect the adJofning land uses and the growth and development of the arca in which it is praposed to bc loca[ed. 3. That the sizc and shape of the site proposed for the use is adequate to allow the full development of the proposed use In a manner not detrtmental to the particular arc~ nor to the pcace, health~ safety, and gencral welfare of the Litizens of the Ctty of Anaheim. 4. Tha[ the granting of the Conditional Use Permit under thc conditions Tmposed, if any~ wtil not be detrimentai to the peace, healtfi, safety and general welfare of thc Citizens of thc City of Anahein. 5. That the traffic generated by the proposed use will not impose an undue burden upon [he streets and highways deslaned and improved to carry the traffic In the arca. 6, That no one Indicated their presence at said public hearlna in opposition; and that no correspondence r+as received in oppositio~ to the subJect petition. ENVIRO~JMENTAL IMPACT FINDIt~G: The Planning Director or his authortzed representat ve has determ ned that che proposed proJect falls -+ithtn the definition of Categorical Exemptions, Class 1, as defined tn Paragraph 2 of the City of Anaheim E~vironmental Imoact Reoort Guidelines and is, therefore, cateaorically exemot from the reGuirement to prepare an EIR. NOW, THEREFORE. BE IT fiESOLVED that the Anahetm Ctty Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the followtng conditions whtch are hereby found to be a necessary prerequTsite to the proposed use of the subjec[ property in order to preserve [he safety and general welfare of the Citlzens of the Lity of Anaheim: 1. That subject property shall be devetoped substantially tn accordance wtth plans and speciftcaCions on file with the City of Anaheim marked Exhibit Nos. 1 through 3. BE IT FURTHER RESOLVED that the Anahelm City Planntng Commlsslon does hereby find and determine [hat adoption of thls Resolutlon ls expressly predlcated upon appltcant's compliance with each and all of the conditions herelnabove set forth. Should any such condition, or any par[ thereof, bE declared invalid or unenforceable by the final Judgment of any court of competent Jurisdlction, then this Resolution. and any approvals hereTn contalned~ shall be deemed null and vold. -2- PC79-116 . ~ ; 1 i .3 ' TFIE FOREGOING RESOLUTIODI is signed and approved by me this i$th day of June, 1979. , 1 tl, ~IA C ITY LANN I NG COMM I SS I ON ; f ATTEST: ~ECRE AR ~ ANA EI~ITY LANNING COMMISSION STATE OF CALIFORNIA ) COUtJTY Of ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Narris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resoluticn r+as passed and adopted at a meeting of the Anahaim City Planning Commission helc' on June 18, 1979. by the following vote of the members thereof: AYES: COMHISSIONERS: BARNES, BUSHORE, DAVID, HERBST~ JONNSOt~, KING, TOLAR NOES: COt1NISSI0NER5: t~ONE ABSEl~T: LOMMISSIONERS: NONE IN NITNE55 41HEREOF, I have hereunto set my hand cfiis tIIth day of June, t979~ ( ~-e~. .~ i~'~i~+-e,.. SECRE AAY, ANAHEIM CITY PLANNING COMMISSION -3- PC79-tt6