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PC 81-34aESO~uTior~ r~o, P~8i-3~E A RFSOLUTIOM OF THE APIAHEI~•i .f,ITY PLANNItdG CqMMISSIOPI THAT PETITION FOR COMDITIOt~AL USE PER111T N0. 7_169 BE GRAtJTE~ WHEREAS, the Anaheim City Planning Commission did receive a verified Fetitfon for Conditionai Use Permit from ORANGE COU~!TY WATEf; DISTRICT, P. 0. Box 8300, Fountain Valle•~, California, 92708, o~,~ner, and D~IiGLAS EI.LIOTT, 497 South Country Hill Road, Anai~eim, California 92807, agent, of certain real property situated in the City of Rnaheimp County of Orange, State of California, described as: That portion of fractional Sectien 4, To~mship 4 South, kange ~3 West, S.B,[3. E!1, and that portion cf Lots 18, 19, 27_ and 23, all in Block 36 of the Yorba Linda Tract, as per map rFCOrded in 8ook 5, pages 17 and 1L of ptiscellaneous 11aps, Records of Orange County, located in tiie City of Anaheim, County of Orange, State of California, described as follows: Commencing at the intersection of the centerline of La Palma Avenue, 10E~ feet wide, with the intersection of Tustin Avenue; thence South 8$° 28' ~2" East 399.99 feet along a portion of the cen:erline of !a Palma Avenue; thence South 01° 31' S3" 4•lest a distance of 53 feet to the true point of beginning; thence South A8~ 28' 02" East 100.~5 feet te the beginning of a tangent curve concave North~~esterly and having a;adius of 1253 feet; tfience Easterly and ~iortheriy along said curve through a central angle of 51° 29' 11~" an arc distance of 1125.97 feet; thence P~orth 40° 02' 44" East 54~.n0 feet to the 5eginning of a tangent curve cencave Southeasterly and having a radtus of 1547 feet; thence Plortheasterly along said curre through a central angle of 3B° SiE' 30" an arc distance of 1(150,53 feet; thence South 07° 28' 30" lJest 321.~16 feet; thencP N~ri.h Rao 4~~ i7" Easc %~~h.05 feet; thence South 00° 11' 05" East 1117.~4 feet; thence South 89° 48' 18" West 160,44 feet; thence SouLh 00° 11` OS" East 117,5 feet; tnence South Ey° 4&' 18" West 7F0.00 feet more or less to Westerly line of said Lot 23, In Filock j6 of the Yorba Linda Tract; thence aiong said Westerly line South i~7° 27' 48" West 1126.62 feet to the Southeast corner of Lot ?_ of said fractional Section 4, T. 4 S., R. 9 W,, SBEi b M; thence along the Southerly line of said Lot 'l North 8g° 11' 2?" b/est 1050,14 feet more or less to the Southo-~esc corner of said Lot 2; thence South 01° 19' 45" West 5U6.45 feet; thence South 60° d7' ~~5" West 3~39.~31 feet; thence South 79° 51' 45" West 2II5 feet; thence North 4%° 43' 06" West 529,1~3 feet; thence North 41° 45' S9" lJest 21!9.85 feet; thence North 45° 5~' 05" lJest 127.42 feet; thence 1lorth (11° 31' 53" East 78.90 feet; thence South 8~~ 11' 22" East 330,0?_ feet; thence North 01° 31~ 53'~ r.ast 789,12 feet; thence South $90 11' 22" East 40.00 feet; thence North Ol° 31' S3" East 473.09 feet to the true potnt of heginning, WHEREAS, the City Planning Commission did hold a puhlic heartng at the Civic Center in the City of Ar.aheim on February 9, 1931, at 1:3n p,m,, notice of sald public hearing hav!ng been duly given as requ~red by la~~~ and in accordar,ce ai(th the Pc~t-31F provisions of the Anaheim Fluricipal Code, Chapter 1ri,C3, to hear and consider ev'dence for and against said proposed conditional use pei•mit and to investigate and make findings and recomnendatiens In connection therewith; and WNEREAS, said Commission, after due inspection, investigatlon and study made by itself and in its behalf, and aftAr due ccnsideration of a11 evidence and reports offered at said hearing, does find and determine the folloi~ring facts: 1. Tha t tf,e proposed use i s proper ly one for o-~h i ch a cond i t Pona 1 use permit is authorized by Anaheim Municipal Code Sections 13.21,05p,2$p and ~a•~3•~3~•~i~ to permlt a private recreational fishing facllity 4iith on-sale beer and wi~e. Z. That the proposed use ~•~i11 not adversely affect the adjoining )and ~~ses and the growth and development of Yhe area in o-~hich it is ~roposed to be located, 3. That the size and shape of the stte proposed For the use is adequate to ailaw the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general ~reif~re of the Citizens of the City of Anaheim. 4• That the granting of the Condttional Use Permft under the conditions imposed, if any, wi11 not be detrime~tal to the peace, health, safe*_y ar.d g~neral welfare of the Cittzens of the City of .Mahe~m, 5. That th;e traffic generated by ;;he proposed use ~•iill nut impose an undue burde~ upon the streets and high~•,ays designed and improved to carry the traffic in the area. 6. That no one indicated their presence at said public hearing in opposition; ar,d that nc~ correspondence was received in opposition to the subject petition. Ci1L'~Ru~l~FN-q`r ~ ~Mpq~T FINDING: That the Anaheim City Planning Commission has reviewed the p::;pr~sal to permit a beer and wine on an irregularly-share~ate recreational fishing facility witn on-sale acres, having a frontage of ap~~roximatejarcel of lend consistin~ of ap~roximately 125 Avenue (4060 East La Palma Avc~nue, lJarner~Spreadfncl Basins)S~and does herebLaa Palma the Negative Declaration from the requirement to prepa~e an environmental Pmpact report on the basis that there taould be no significant indivPdual or cumulative adverse =nvironmental impact due to the approvai of this Negative Declaration slnce the Anaheim Genera7 Plan designates the subject property for ~•~ater conservation uses commensurate with the proposa); that no sensitive environmental impacts are involved in the proposal; that the Initiat Study s~~bmitted by the significant irdividual or cumularive adverse environmental impa~tsone~n~nathateSthe Negative Declarat!on substantiating the foregoing findings is cn file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Flnaheim C.ity Planning Commission does hereby grant subject Petition for Conditio~al Use Permit, u~on the followi~q condttions which are hereby found to be a necessary prereGuisite to the proposed use of the subject property in order to preserve the safety and ~eneral tideifare of the Citizens of the City of At~aiieim: -z- Pc3i-31~ ~ 1, That trash storage areas shali be provided in accordance ~~~ith approved plans on file with the Office of the Executive Di~ector of Puhlic 4Jorks. 2. That the radius of the drive4ray approach to subject property shali 5e increased and tiie proposed ticket booth shiall be relocatPd ir accordance with the requirements of the Traffic Engineer. 3. That subject property shall be developed suhstantially in accordance with plans and specifications on file ~•+ith the City of Anaheim marked Exhibit Plo. 1. 4. That Condit~on Nos. 1, 2 and 3, above-mentioned, shall be complied v~ith prior to final 6uilding and zoning i~spections, or prior to commencement of the activity herein approved, whichever occurs first. BE IT FURTHER RESOLVED that the Anaheim ~ity Planning Commission does hereby find and determine that adoption of this Resoluticn is exrressly predicated upon applicant~s compliance with each and all of the conditions hereinahove set forth. Should any such condition, or any part thereof, be declared invalid or unenf~rceable by the final judgment of any court of competent iurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void, THE FORFGOItJG RESOLUTI6N is signed and approved by r~e this 9tii dav of february, ?981. ~~~ ~. CHA I R~ APJ, AMAhIE I 11 C I TY PLFl~1N I ~dr, COM111 SS f Ot! A7TEST: ~,~' ~ ~~~. SECRETARY, ANAHEI~'. CITY PLANPIING COM~IISSIOM ST/1TE OF CALIFORMIA ) COUNTY UF ORANGF ) ss. C ITY OF ANAHE 1~1 ) I, Edith ~. Harris, ~ecretary of the Anaheim City ~lanninq Commi~sinn, do li~reby certify that the foregoing resolution a~as passed and adopted at a meeting of the An~heim City Planning Commissioi,lield on February 9, 1qf31, by the following vote of the members thereof: AYES: COMMiSSIOPlERS: BARNES, DO!IAS, BUSHOP,E, FRY~ HF'RBST, KIP!~, 70LAP, NOES: COMMISSIONERS: taONE ABSENT: COMMISSIONERS: PJ01JE 1~31. IN l•JITPIESS Wl1EREOF, I have her~unto set my hand this 9th day of February, 1 ~ ~ '' SECRE7ARY, ANAHEIM CITY PL NIN~ COMMISSION -3- PCIIt-31i