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PC 80-75RESOLUTION N0. PC80 -75 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2073 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from ALAN SEGAL, ET AL, P. 0. Box 193, La Mirada, California, 90637, owners, and HUEN SHEIN LIU, 536 South Sonya Street, Anaheim, California 92802, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: Parcel 1: That portion of the Northeast quarter of the Southeast quarter of Section 18, Township 4, South, Range 10 West, in the Rancho Los Coyotes, City of Anaheim, as per map recorded in book 51 page 10 of Miscellaneous Maps, records of said Orange County, Ca. Shown as Parcel 3 on a map recorded in book 54 page 20 of Parcel Maps, in the office of the County Recorder of said County. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on May 5, 1980, at 1:30 p.m., notice of said public 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 consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration 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 conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.010 to wit: to permit on -sale beer and wine in an existing restaurant. 2. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use In a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare of the Citizens of the City of Anaheim. 4. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 5. 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 in the area. PC80 -75 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: The Planning Director or his authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in Paragraph 2 of the City of Anaheim Environmental Impact Report Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for street lighting along Orange Avenue. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 3. That Condition No. 1, above - mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 5th day of May, CHAIRWOMAN, ANAHEIM CITY PLANNING COMMISSION 1980. ATTEST: i4 i SECRETARY, ANAHEIM CITY PLANNING COMMISSION P -7 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on May 5, 1980, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, DAVID, FRY, HERBST, KING, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUSHORE IN WITNESS WHEREOF, 1 have hereunto set my hand this 5th day of May, 1980. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC80 -75