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PC 79-118RESOLUTI011 N0. PC79-11$ A RESOLUTION OF TNE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERM17 N0. 1990 BE GRANTED l1NEREAS, the Anaheim City Plannin3 Canmission did recelve a verifled Petition for Conditlonal Use Permit from EUCLID SHOPPING CENTER~ 2293 West Ball Road, Anaheim, California, 9280~~. owner, and BERNAOETTE LUCC1, 1753z Sunset Boulevard, Pacific Pelisades, California 90272, agent, of certain real property situated in the City of Anaheim, County of Orange, State of Catifornia, described as: Parcel 5 as shown on a Parcel Map recorded in book 27, page 41 of Parcel Maps, in the offtce of the Loun[y Recorder of Orange Lounty, California. WHEREAS, the City Planning Carcnissfon d(d hold a pubiic heari~g a[ the Lity Hall In the Lity of Anaheim on June 18, 197~. at 1:30 p.n., no[ice of said pubiTc hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and co~sider evidence for and against said proposed conditional use and to investigate and make findings and recommendations In connection therewith; and NHEREAS, said Cortmission, after due inspection. investigation and study made by i[self and fn its behalf, and after due consideration of all evidence and repnrts offered at said hearing, does find and detcrmine the following facts: 1, That the proFosed use is properly one for which a conditlonal use permit is authorized by Anaheim Municipal Code Section 1£.~~4.05~.~~4 to wit: to permit on-sale becr and wine in a proposed restaurant. 2. That thc proposed use will not adverscly affect thc adjoining land uses and the growth and deve(opment of the area in Nhich it is proposeJ to be iocated. 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use fn a manner not detrimentai to the particular area nor to the peace. health, safety, and general welfare of the Citizens of the City of Anahetm. 4. That the granting of the Condltional Use Permit under the condttions imposed, if any. will not be detrimental to the peace, health. safety and general welfare of the CltTzens of the City of Anahetm. 5. Tha[ the traffic generated by the proposed use wilt not impose an undue burden upon the streets and highways designed and improved to carry the traffic tn the arca. PC79-1t8 6. That no one indicated their presence at said Qublic hearing in opposttion; and that no correspondence was received in opposition to the subJect petition. ENVIRONMENTAL IMPAC7 fIHDItJG: That the Anahcim Clty Planning Commission has reviewed the proposa to permit on-sale beer and wine in a proposed restaurant on an irregularly-shaped parcel of land consisting of approximately 4.h acres. havtng a frontage of approximately 425 feet on [he sou[h side of Katella Avenu~, having a maximum depth of approximately 600 feet and being located approximately 485 feet east of the centerline of Euclid Street; and does hereby approve the Ne9ative Declaration from the requirement to prepare an enviro~mental impact report on ihe basfs that there would be no signtficant Indtvtdual or cumuta[ive adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subJeci property for 9enera cortmerciat land uses commensura[e with the proposal; that no sensitive environmental impacts are involv~d in the proposat; [hat the In(tial Study submltted by the petitioner indicates no significan[ individual or cumulative adverse envtronmen[al impacts; and that the Negattve Declaration substantiating the foregoing findings is on file in the City of Anahelm Planning Department. NON, THEREFORE, BE IT RESOLVED thac the Anaheim C1[y Planning Comnisslon does hereby grant subJect Petition for Conditional Use Permit, upon [he following conditions which are hereby found to be a necessary prerequisite to ihe proposed use of the subject property tn crder to preserve ihe safety and general welfare of the Citizens of the City of Anahe(m: t. That subject property shall be developed substantially in accordance with plans and specifications on file with the Li~y o` Anahei~ marked Exhiblt 4os. 1 [hrough 5. 2. That the o+~mer(s) of subject property shall pay the traffic signal assessment fee (Ordinance ~to. 389G) in an amount as de[ermined by Lhe City Council, for commercial 6uildings prior to the issuance of a butlding permit. 3. That trash storsgc arcas sh~1t bc Frovided tn acccrdance rlith approved plans on file with the Officc of the Director of Public Works. 4. That Condition No. 1, above-menttoned, shall be complied Nith prior to the commencement oi the ac[ivity authorized under this resolutton, or prior to the time tha[ the building permit Is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Piannt~g Commission may grant. 5. That Condition No. 3, above-mentioned, shall be compiied with prior to ftnal building and zoning inspections. BE IT FURTHER RESOLVED that ihc Anaheim Clty Planning LommTssion does hereby ftnd and deterrr.ine that adoption of this Resolution is expressly predtcated upon appticant's compilance wlih each and all of the conditions hereinabove set forth. Should any such conditlon, or any part thereof~ be declared invalid or unenforceable -z- PC79-tt8 i by the final Judgment of any court of competent Jurisdlction~ then this Resolutton. and any approvals herein contalned, shall be deemed nul) and votd. THE FOREGOING RESOLUTION Is signed and approved by me this 18th day of June, ~ 979. ~ 1 / --~ . ATTEST: ~,~ ~ ~ ?~.~. SECRETA ~ ANAf~E IM C ITY PLANN I1lG COM111 SS I ON tA~. AN HE Y PL TNG COMHISSION STATE OF CALIFORIIIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIN ) I, Edith L. Harris, Secretary of [he Anaheim Lity Planning Commission. do hereby certlfy that the foregotng resolution r~as ~assed and adopted at a meeting of the Anahetm City Planning Conmtsston held on Juno 18. 1°79, by the followtng vote of the members thercof: AYES: COMMISSIO~JERS: BARNES~ BUSHORE~ DAVID, HERBST. JOHti50N, KING, TOLAR NOES: COMHISSIOtIERS: NONE ASSENT: COM.MISSIOilERS: NONE Itl WIT~~E55 uHEREOF, 1 have hereunto set my hand this 1Ath day of June, 1979. ~Q~ .2~ ~.~.:. ~~~~RR ~ NRHE-M CI Y PLANpiNG LONMISSION 3_ Pc~9-iia