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PC 81-93^ESOLUTIO'~ Pl~, PC31-'i 1 RESOUITIOP~ OF TIiE F~'d11Hcl'1 CITY PLi1~1;dif~G CN1'1{SSI~~! TfIF1T PETITI0~1 F(1R CO~IDITIOIIAL USE PEf~'tIT tl~, :?2~1s f'E r,~~~IT~:~ WII[R[AS, the Anaheim City Planning Commission did rPCeive a verified Pet i t ion for Cond i t iona 1 Ilse Permi t fr~c, LAi;F!r i Ft! pLl~'A I P!VFSTt9F'iT COt~+.Pp,'~Y, LT~. , 1E ) To~an and Country Road, Orange, California, ^2~Gi?, rnmer, and TEI'~A. ':IqKIP!OT~, ?Or South Empire Street, Anahein, California ~~f?~4, aoent, of c~rta~n real property situated in Che CiCy of Anaheim, County of Orange, State of California, descrihed as: P~P,C_ E~ q; °arcel ?, in the C.ity of Anaheim, as sho~rn on a rnap recorded i n Bool~; 11 ~, Paoes hf3 and !}~ of Parce 1 t±aps , i n th office of the County ~ecorder of said County; and P11°CFL B: A non-exclusive easement for ingress and egress over the Southeasterly 2.5 feet of the South~~resterly 4il.79 feet of Parcel ;, as sho~-rn on a map recorded in 9ook 11~, Pagc~s 4" and 4~ of Parcel Maos, in t'~e office of the County P,ecorder of said County. 4JHER[AS, the City Planninn CORUf115SlO~ did hold ~ pu'-1ic hearing at the Civlc Center in the City of anaheim on May 4, 1~31, at 1;3!t p•m., notice of said oubiic hearing having been duly given as required by ~~~., and in accordance tvitn the provisions of the Anaheim t9unicipal Code, Chapter 1".~3, to hear and consider evidence for and against said proposed condttional use nermi*_ and to investi~ate and make findings and recommendations in connectior therei:~ith; and WHER[Fl5, said Commission, after due inspection, investi~ation and study made by itself and in its behalf, and after due consideration of all ~vtdence and reports o`fered at said hearing, does find and determine the fo)ina,inn facta~ 1. That the proposed use is properly one for uihich a conditional use permit is autnorized hy Anaheim Municipal Code Section 1~,1rh.~5~,~in, to a~it• to permit on-sale heer and wine in a oroposed restaurant. ~ 2. That the oroposed use a,ill not adverselv affect the adjoining lanci uses and the 9ro~~rt h and develooment of the area in o-~`~ich it is oro~osed to be located. 3. That the size and shape of the site pro~osed for the usc is adequace to allori the full development of the proposed use in a manner not detrimentai to the particular area nor 'o the peace, health, safety, and 9eneral ~~teifare of the Citlzens of the City of Anahein, 4. That tlie ~rantinq of tlie Conditional Use Pernit unier the conditions imposed, if any, will n~t be detrimental to the peace, health, safety and aeneral welfare or the Citize~s of the City of Anah~im. PCL'1-~3 5. That the traffic 9enerated i y the pmpose~i use ~~ri ll not impose an undue burden upon the streets and high~:~ays designed and impmved to carry the traffic in the area. u. That no one=. indicated their pr~sence ar. said puhlic hearing in opposition; and tnat re c~rrespondence t~ras rer.eived in ooposition to the subject oetition. E~~V I ROtlMEP!TAL I1ADACT F I tiD I1;~: The P 1~nn i n~ ~ i rector or h i s auth~r i zed reuresentative has deterrined that the pranosed project falls o-~ithin the definition of Cate9orical Exemptions, Class 1, as dc:fined in the State EIP, Suidelines and is, therefore, cate9orically exemot from the requir'ement to nrepare an EIR. NOW, TNEREFORE, BE IT RfSOLVED that the Anaheim City Planning Commission do~s hereby grant suhject Petition for Conditional Use Permit, upon the follo~•iing conditions which are herehy found to he a necessary prerequisite to the proposed use of the suhject property in order tc preserve the safety and neneral welfare of the Citizens of the City of Anaheim: i, That suhject propertv shall ~e develnped substantially in accordance with plans and specificaL'ions on fil~ ~:~itii the City of Anaheim mar.:ed Exhibit t:os. 1 and 2. BE IT FURTfIEP, RESOLVE~ that t!ie Anal-~eim r,ity P}anning Commission does here6y find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance aiith each and all of the conditions hereinabove set `orth. Sliould any such condition, or any part thereof, be deciared invalid or unrnforceable by the finai judgment of any court of com~etent juris~;icti~n, then this Resolution, and any approvals herein conta(ned, shall b~ deemed null and void. Tt1E FQRFG011~lS R~SOLIiT10tl i s s i qned and approved by me th i s ~Fth day of t1ay, ]g81. G~~ ~~~~ ~~ ~ CHI~ I R~1AN , lI~dAHE ~'1 C I TY PLA~I"! I"IG COMM I$S I Ot! ATTEST: ~~ SECRETAFY, HNAHEIM CITY PL~HNIIIG COMMISSIO~! -2- PC81-93 STATE or- cn~ i Fo~~i in ~ COIIplTY OF O~A~lGE ) ss. C ITY OF ANANE 111 ) I, Edith L, Flarris, Secretary of the Anaheim City Planning Comr~ission, do hereby certify that the fore9oing resolution ~:-as passed and acio~ted at a meetinv o` the Anaheim City Planning Commission held on May 4, 19E1, by thA foll~wing vote of Lhe members thereof: AYF.S: COMMISSIOqERS: BARP~ES, DOUAS, BUSHORE, HER.5S7, I:I`!G, T^L4~. PJOES: COMt41SSI0VERS: ~dQNE ABSENT: C~MMISSIO~dE`~S: FRY Itl WIT~IFSS 4lHEREOF, I have 5ereunto set my hand this ~+th day of May, 19~~1. ~r~-~a, .S° t'~Q,t., .~ ~ SECRFll;RY, ANAhEl~1 CliY PLAP1tiIPIG COM~4lSSION -3- PCII1-93