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PC 79-161; RES~LUTION N6. PC79-161 A RESOLUTION 0~' THE ANAHEIM CITY PLANNIN~ COMttISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2005 BE GRAtITED 1JHEREAS, the Anaheim City Planning Cortanlssion did receive a verifled Petition for Conditional Use Permit from CAkYON PLAZA DEVELOPMENT, and LAKEVIEN PLAZA CO.. LTD., 161 Town and Country, Orange, California, ormers, and WIlL1AM J. JAHANT. 44~ North Lakevlew Avenue, Anaheim, California 92807, agent, of certaTn rcal property situated in the Clty of Anahetm. County of Orange. State of CalTfornla, descrlbed as: PARCEL A: PARLEL 2 AS SN041T! ON A 15AP RECORDED tN ROQY. 1T0, PAGES and 9 OF P.4RCEL MAPS, IN THE OfFICE OF THE COUNTY RECORDEP. OF SAID COUtlTY. WFiEREAS, thc City Planning Commisslon dld hold a publlc hcaring at the Ctty Hall ln the City of Anaheim on Avgust 13, iQ79. at 1:30 p.m., nottce of said public hearing havTng been duly given as required by law an~f in accordance with the provisions of the Anahoim Nuniclpal Code, Chapter 18.Q3, to hear and consider evidence for and against satd proposed conditlonal use permit and to investigate and make f)ndTngs and recommendatTons (n connection therewith; and UHEREAS, satd Commisslon, after due lnspec[ion, investigation and study made by itself and in its behalf, and after due considera[ton of all evidence and reports offered at said hearing, does find and determine the follor~ing facts: 1. That the proposed use is properly one for which a condittonal use permit is authorized by Anaheim Municipal Code Section 1E.4l+.o5n.010 to wit: to permit on-sale beer and winc in an ~xlsting restavrant. 2. That the proposed use is hcreby granted subJect to the petltloner's st(pulatlon a[ the public heartng that the hours of operation shall [ypically be: Monday through Thursday 6:30 a.m, to 10:00 p.m. Friday and Saturday 6:30 a.m, to 11:00 p.m. Sunday 7:3e a.m, to 10:00 p.m. 3. That the proposed use wtll not adversely affect thc adJoTning land uses and the growth a~d development of the area in whtch Tt is proposed to be located. 4. That the size and shape of the site proposed for the use ls adequate to allow the full development of the proposed use In a manner not detrimental to the particular area nor to the peace, health~ safecy. and general welfare of the Cttizens of the City of Anaheim. 5, That the granttng of the ConditTonal Usc Permit under the conditions lmposed, if any~ will not be detrimenta) to the peace, health, safe[y and general weifare of the tTtizens of the tity of AnaheTm, PC7?-16t 6. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic ln the area. 7. That no one indicated their presence at sald publlc hearing in opposition; and that no correspondence r~as received in oppositlon to the subJect peiition. ENVIROHMENTAL IMPAC? FINDINf: The Planning Dtrector or his authortzed representative has determtned that the proposed proJect falls wtthtn the definition of Categorical Exemptions, Class t, as defined in Paragraph 2 of the Ctty of Anaheim Environmental Impac[ Report Guidelines and is, therefore, cateaorically exempt fran the requirement to prepare an EIR. N01J, TIiEREFORE~ BE IT RESOLVED that the A~aheim City Planning Commission does here6y grant subject Petition for Conditional Use Permit, upon the following conditions whtch are hereby found to be a necessary prerequisite to the proposed use of the subject property lrs order to preservc the safety and general welfare of the Cltizens of the City of Anaheim: 1. That subject property shall be developed subs[antially In accordance with plans and specTficatlons or. file wi[h the Ctty of Anaheim marked Exhibit Nos. 1 through 3. 2. That trash storage arr.as shall be provided In accordance with approved plans on file wlth the Office of the Director of Public Norks. 3. That Condition Nos. 1 and 2~ abovc-mentioned, shall be complied wich prior to the commencement of the activity authorized under this resolutTon, or within a period of one year from date herrof, wfiichever occurs first, or such further time as the Planning Commission may grant. BE !T F'JP.TuER P.ESOLVED [tat the Anaheim Ci[y Ptann(ng Commtssion does hereby ftnd and detcrmine that the adoption of thts Resolution Is expressly predicated upon appiicant's compliance wich each and all of [he conditions he.retnabove set forth. Should any condition or any part thereof. be declared Tnval(d or unenforceable by the final judgment of any court of canpetent Jurisdict(on, then [his Resolut(on, and any approvals herein contal~ed, shall be deemed null and void. THE FOREGOING RESOLUTION ts signed and approved by me tnis 13th day of August. ~?79. i CH 1 R! AP2 PP,O EMPORE ANAHEIH CITY PLANNI!!G CONMISSfON ATTEST: ~d~ e! /~IX.L~,.y SECRETARY, At1AHE1M CITY PLANNING~COMHISSION -2- FC79-161 i . ~ I STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss. CITY OF ANAHEIH ) I. Edith L. Harris, Secretary of the Anaheim Ctty Plannina Commtsslon. do hereby certify Chat Lhe f~rPgoTng resolutlon was passed and adopted at a meetTng of the Anahelm City Plann)ng CommissTnn held on August 13. 1979, at 1:30 Q.m.~by the following vote of the members thereof: AYES: COMMISSIO~JERS: DAVID~ FP,Y, NER85T, KING, TOLAR NOES: COHNISSIONERS: NONE ABSENT: COH"11551QNER5: BARNES~ BUSHORE IN WITNESS 1dHEREOF, 1 have hereunto set my hand this 13th day of August. 1°79. ~ %V~.t~.~. ~EGRE AR ~ NAHE M CI~Y ~LANNINr, ~p!~r.15510N -3- Pc79-t6t