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PC 79-141RESOLUTION N0. PL79-1'vl A RESOLUTION OF THE ANAY.EIN CITY PLANNIHf COHNISSION THAT PETITION FOR CONDITIOt~AL U5E PERMIT N0. lq~y BE C,RANTED, IN PART WHEREAS~ thc Anahclm City Planning Comr+ission dtd receive a verified Petttion for Condi[lonal Use Pernit from OIVERSIFIEQ INVFSTMENT LO'1PANY, 270 South Bristol 5[reet ~201, Cost~ Mesa, California Q262b. ormer, and JOHti C. GUAftA5C10. 6052 Saddletree Lane, Yorba Linda, California 92686. agent, of ccrtaln real property situatcd in the City of "nahcim, County of Oran9c, Statc of Californla, described as: 7hat portion of che Northwest quarter of the Northeast quarter of Section 19, 7ownship 4 South, Range iry West, in the R~ncho Los Coyotes~ as sho~m on a Map recorded in book 51. page 10 of Miscellaneous Ma~s. records of Orar.ge Co~nty, California~ beina also a nortton ef that certain ?.~5 acrc parcel of t~~d shoam on a Map fil~d in book, -~, pa;e 3° of Record o` Surveys, Records of said Orange County, described as follows: Parcels 1. 2, 3, t~ and 5, as shown on a Map reeorded in hoot: 115, pa9es -+~ and 41 of Parcel Haps. Recards of Orange County, Cattfornia. t~~iEREFS~ [h~_ Gi[Y P~annin3 Ce^~^ission did •'+olA a p+ihii~ hcaring it thr_ City Hali in the City of Anahcin on July 2, 1?7n. at 1:;~ p.r,,, nottcc of sald public hearing fiaving been du)y given as required by law and tn accordance with the provisfons of thr Anahei:~ Y.unicipal Lode, Chapter 19.~3, to hear and eonsider evidence for and against said proposed conditional use and cc investiaate and nake findings ~nd reco^recnCations in cnnnection therewtth; and tlHEP,EAS. said Cor,xniss(on. af[er due inspPction~ irtvestigation ~nd study made ~y i[self and Tn its behal`~ and after due consideracion of all evldence .~nd reports offcred at said hearing, ~ocs find ~nd detcrminc thc follrn+ing facts: 1. 7hat the proposed use is properly one for Nhich i conditlonal usc pe rn~it tos authorized by Anahcin l4ur.icTpal Caic Sc.tion 1~J.l~4,n50.010 to wit~ to permi[ on-sale Gecr and wine in a proposed restaurant with waiver of: SECTION 19.Oh.06Q - Ninimum number of par~tna soaces. 2. That the requestcd waivcr is hereby d~nic~ on the basis that subsequent [o publTc advcrtismenc of thts petition, thc petitloncr subnttted addttional information ahich eliminated thc need for the ~+arking waiver. 3. That the proposed use, as grantcd. witl not advcrscly affect the adJolning land uses and the yro-+th and development of the area T~ which it is proaoscd to be located. 4, That thc size and shape af the sitc proposed for the use, as granted. is edcauate to alla+ thc full devclopmcnt of the proposed use in a nanncr ~ot detrimental t~ the particular area nor to the peace. heaich. safety, a~d generat aelfarc of the tTtizcns of the City of Anaheim, Pf.=g.141 5, That the Condltional Use Permit, as granted, and under the conditions imposed, w111 nat be detrime~tal to the peace, hcalth, safety and general welfare of the Citizens of the City of Anaheim. 6, That the traffic generated by the proposed use wtll not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. ~, That no one lnd'cated thetr presence at said public hearing ln opposition; and [hat no correspondence was received in oppositton to the subject petlLPon. ENVIROFlMENTAL IMPACT FI`lDING: 7ha[ Lhe Anaheim Lity Planning Canmission has reviewed the proposa to permit on-sale beer and winc in a proposed restaurant on an irregularly-s~aped parcel of land consisting of 7.1 acres locaced at the southeast corner of Lincoln Avenue and Gllhert Street, having approximate frontages of 623 feet on the south sidc of Lincoln ~~enue, and ~82 feet on [he east side of ~ilbert Strect; and does hereby approvc the Negative Declaration from thc requfrement to prepare an environmental impact report on the basis t~at there would bc no significant individual or cumulative adverse environmen[al inpact due Co the approval of this ~aegative Declaration slnce the Anaheim General Plan designates the subJect property for general cor,xnercial land uses comnensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that [he Inltlal Study submitted by the petitioner indica[es no significant individual or cumulative adverse environmenr.al impacts; and that th~ Negative Declaration substantiating the foregoing findings is on file in the City of Anahcin Plan~tng Departnent. 1101l, TNEREFORE, D[ IT RESOLVED that the Anahein Lity Planning Commission does hercby grant, in pari, subject Petition for Conditional Use Permit, upon the following conditions whicli are hereby foun~ to be a nr_cessary prerequisite to the P~oposed use of the subject nroperty in ordcr to preserve tl~c safety and generai ~aelfare of the Citizens of the City of Anaheim: ~, That trash storage areas shall be provided in accordance r~ith approved olans on file v,ith the Offfce of the Dlrector of Puhlic Works. Z, That subject property shali he develooed suhstan[ially in accordance with plans and specificattons on file with the City of Anaheia marked Fxhibit t~os. 1 through 3• 3, Tha[ ConJition Hos. 1 and 2, above-nentioned, shall be complied wTth prior to final building anJ zoning i~spec[tons. gE tT FURTHER RESOLVED that Lhe Anahctm Ltty Plannin~ Camnission does hereby find and determine that adoption of this Resolutlon is expressly predicated upon applicant's ~~Pliance with each and all of the conditions heretnabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the ft~ovalsdherein~contained,cshall beedeemedunulliandovoidhen this Resolution, and any app T1SE FOREGOIFIG RESOLUTIOtI is stg~ied a~d ppr b 1 2nd day of July. 1979. . A ~, A A Ei CI LANNIfIG COMMISSION ATTEST: NANEfri LAN1ifNG.COMMt5540N '2_ PC79-141 ~F~T r ; E ~ ) , , ., STATE OF CALIFORMIA ) COUNTY OF ORANGE } ss. CITY OF AMAHEIM ) I, Edith L. Narris, Secretary of the Anaheim City Planning Commission. do hereby certify that the foregoing resoluiton r~as passed and adopted at a meeting of the Anaheim City Planning Commission held on July 2, 1979~ by the followina vote of the members Chercof: AYES: C6MMISSIOPIERS: E3AR~~ES, BUSHORE, DAVID, FRY~ HERE35T~ KING, TOLAR NOES: COMMISSIOft~RS: NOME ABSENT: CONItI55IOPIERS: NONE 1!1 WITNE55 WHEREOF, I have hereunto set my hand this 2nd day of July, 1979. ~~ .r° ~~ SECRETARY~ ANAHEIM CITY PLAN~IING COHMISSION -3- PC79-141