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PC 81-71f;[SOLUTIQt1 !I0. PCC1-71 f~ R[SOLUTID~! OF TIIF. AilAfiEl!1 CITY PL~~1f111:R CO'1111SSIOP! THl1T PE1'ITIOtI FOR COIIDITION/~t. ~)SE PER'41T PJO. 21~'; [3E GRAfII'EO 1•JFIEREAS, the Anaheim City Planning Commission did rec~ive a verified Pet i t i on for Cond i t i ona 1 Use Permi t`rom KtdA~.'GHOOt! CH~PI~ AP!D OCKSUhi CHA:`!G, 10G~ Do~•ming Street, Flnaheim, California :~28~~$, o~~mers, and `f/1SUMl t11YAMOTO, 129?4 t~t. Cimmaron, Fountain Valley, California 927•~0, aqent, of certain r~al property situated in the City of Anaheim, County of Orange, State of California, described as: Parcel 1: Lot ~~7 of Tract PJo, 2517, as shot•m on a`tap recorded in bool< 133, pages ~E~1, •'+1 and ~F2 of Miscellaneous Maps, records of Orange County, except from Lot (~7 that portion thereof lying Southerly of a line parallel r~ith the Plortherlv 100 feet frc,m that port i on of the South 1 i ne of sa i d Lot sliotim on sa i ci r~ao as i•Jor th u9 degrees h1F' 20" East 152.7> feet in the Easterly and ldesterly prolongation t!iereof; and Parcel 2: The East 77~.33 feet of the South t~•~o acr~s of the So~theast quarter of tiie 19ortheast quart~- of tfie Dlortheast quarter of Section ~, Ta•mship 4 South, Range 1~ i~lest, in the Pancho Los Coyotes, in the City of Anaheim, Counry of Orange, ;tate of Califernia, ~s shoti•~r~ on a map recorded in boel: 51, page 10 of Miscelianeous 11aps, in the offic~ of the County Recorder of said County. WI;tP,EAS, the City P~anning Comnission did hold a puhlic hearin~ at the Civic Center in the City of Anaheim on April 6, 1'~c~l, at 1:3~ p.m., notice ~f said public hearing having ceen duly given as required by laa; and in accordance N1jtll the provisions of the Anaheim t'~unicipal Code, Chapter 1F.03, to hear and consider _;ldcncc f^, ~~d ,,.c: :....d ~ ;~~' :.,,nd° ,.,~~:.; ~ - ,~~ ' a- , .. . . =.~'i~= i'~ j.ci' ~ C iiu ~"v I(iVu~~iydi:c d~iCi mal:e findings and recommendations in con~ection there~•aith; and LIHEREAS, said Commission, after due inspection, investigaY.ion and study made by itself and in its behalf, and after due consideration of all evidence and reports uf`ered at said hearing, does find and deternine the fotlot•!inc~ facts: 1. 7hat the proposed use is ~roperly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 13,1E1~,~5~.~1(1 to wit: to permit on-sale beer a~d ~vine in a proposed res*aurant. 2, That the proposed use will not adversely affect the adjoininc, land uses and the gra•rth and development of the area in ~rhich it is proposed to be located. 3. That the size and shape of the site proposed for *_he iise is adequate to allo~~~ the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general rielFare of the Citizens or the City of Ananeim, PC&'1-71 4. That the granting of th~ Conditional Use Per~i~ under the r_onditions imposed, if any, ~;~ill not I>e detrimental to tne peace, health, safety and c7eneral welfare of the Citizens o` the City of Anaheim. 5. That t'ie r.raffic generated by the prooosed use i~~ill n~t impose an undue burden upon the streets and hic~hriays ~1esi9ned ~~id im~~roved tc~ carry the traffie in the area. 6. That no o,ie indicated Lheir presence at =aid punlie hearing in opposition; and that no r_orrespondence ~•~as received in opposition to the subjeet petition. EtJVIRON`1ENTFlL IMPACT FIWDING: The Planning Director or his authorized representetive has determined that Lhe prcposed proiect falls within the definition of Categorical Exemptions, ~lass 1, as defined in the State EI~ Guidelines and is, therefore, categorically exempt from the reauirement to prepare an EIP„ tdOW, THEREFORE, BE IT RESOLVED that the Anahcim City Planning Commission does hereby grant subject Peti~ion for Conditional Use Permit, uoon t`~e folla-~ing conditions ti~hich are hereby found to be a necessary prerequisitA to the prooosed use of tl~e subject propcrty i~ order to preserve the safel-y and general o-ieifare of the Citizens of the City of Anaheim: 1. That subject property shall be developed suhstantially in accordance a~ith plans and specifications on file i-rith the City of Anaheira r~arked Exhibit PJo. 1, ESE IT FURTHER RESOLVED that the Anaheim City Planning Commissicn does herehy find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance a~ith each and ali of the conditions hereinabove set forth. Should any SUCfI condition, OI' 7fIV oart tllPfPC1P, ~')E1 (~BC~~I'~`~ IflValtrl nr ~~n~+'?Fnrr.n~{.~,. by the finai judgment of an;~ court of competent jurisdiction, then this P.esolution, and any aporovals herein cortained, shall be deemed null and votd. TFIE FOREGOIPIC; RESOLUTIO"I i s s i gned and approved F,y ne th i s 6th day or Apr i 1, 1g31. /: ,~: C~~~/:" % ';,f ~ A CHAIRHP,fJ, APJAH[IM CITY PLA"lNIMG CO'4h11SSI0F1 TTEST. - - ~aY~t. ~ ~~/.~/!~t-~e.. SECRETARY, ANAfIE IM C ITY PLA~JPJiPJG C(1M'il SS IOM -2- PcIIi-7i ~ STATE OF CAL I FOR~! I A) COU~lTY OF ORAtlrE ? ss, CITY OF A!dAHEiN ) I, Edith L. Harris, SecreCary of the ~naheim City Planninq Commtssion, do hereby certify that the foregoing resolution a~a, passed and ado~ted at a meeting of the Anaheim City Planning Commission held nn April G, 1`1F1, ~~y the follo~•!ing vote cf the members thereof: AYES: COM'1lSSIOMEP,S: 4AR~IES, [~OU~S, BUS~IORE, FRl', HEP,BST, Y.iMG, TOL/1R NOES: C~t1111SS10"lERS: NONE AQSEPIT: COMMISSIONERS: PIQt;E IPI lJITNESS blHEREOF, I have hereunto set my hand t'~i ,~th day of April, 19g1. SEC°ETARY, F~!~ANEI~~ ITY~r!~ CO'!MISSI0~1 -3- PC91-71