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PC 82-49r.. r~ESO~uri or~ rio, res2-~E~ A RESULUTION QF TIiE AF!/IHEIM CITY PLAFIPlI"!G CQMh11S510t1 TIIAT PETITIOi! FOR C011DITIOhil1L USE PER141T I10. 23~3 BE fRAidTED 4/fiEREAS, the /lnaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from FIILLVIEtI ASSOCIFlTES, 1205 E. Garry Street, /~110, Santa Ana, California, 92702, oo-mer, and GF.ORGE E. NEIMA~I, 111t Llest Commonwealth, Fullerton, California 92632, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 2 OF PAP,CEL h1AP N0. 79-259, 111 THE CITY OF AI9AHE111, COUNTY OF OR/1flfE, STFlTE OF CFlLIFOP~JIA, AS SH04ltJ OtJ A 11AP FILED IF! BOOK 150 PAGES 18 A~ID tg OF PARCEL ~1APS I Pl TlIE OFFI CE OF TNE COU~ITY RECORDER OF SAID COUPITY. IJHERE/1S, the City Planning Commission did hold a puhlic h~aring at the City Ilall in the City of Anaheim on Flarch 22, 1982, at 1:30 p.m., notice of said pi~blic hearing having been duly given as required by law and in accordance a~ith the provisions of the Anaheim Ftunicipal Code, Chapter i£3.o3, to hear and consider cvidence for and agatrst said proposed conditional use permit and to investigate and make findings and reconmerdations in connr_ction there~~~ith; and 4lfiEREl1S, said Cor.;mission, after due inspectior, investigation and study made by itseif and in its behalf, and a1'ter due consideration of att evidence and reports offer•ed at said hearing, does find and determine the folla•~ing facts: ~: That the proposed use is properly one for which a conditional use permit is authorized by Anaheirn ~funictpal Code Section 1II.~E4.050,Q10 to wit: To perm9t on-sale beer ~nd i:~ine ir a proposed restaurant. 2. That the propose~l use 4~i11 not adversely affect the adjoining land uses and the g ruwth and development of the area in ~•~hich it is proposed to be located, 3. That the size and sliape of the site proposed for the use is adequate to alia~ 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 genPral ~~elfare of the Citizens of the City of Anaheim. 5. That the traffic generated by the proposed use aiil? not impose an undue burden upon the streets and Fiic~hways deslgned and improved to carry the traffic in the area. 6. That no one indicated their presence at said public hearing in opposition; and that no correspo~dence ~vas received in opposition to tfie subject peti tion. PC82-49 _ ....~:+r, ~ ~--. EPJVIROiIFtC~17AL IHPACT FIhlDItiG: That the /lnaheim City Planning Commission has revieo-~ed the proposal to permit on-sale heer and i~~ine in a irregularly-shaped parcel of land cnnsistin of a Proposed restaurant on an the northarest corner of Orangethorpe Avenue andPrimperialY Ili~ha~res located at Orangethorpe llvenue); and docs heret~y ap~rove tfte Negative Declaration(fromEthe requirement to prepare an environmental impact report on the basis that there Hrould be no significant individual or cumulative adverse environmental impact due to the approval of this PJegative Declaration since the Anaheim General Plan designates the subject property for medium density residential and general commercial land uses commensurate with the proposal; that no sensitive environmental impacts are invo)ved in the proposal; that tne Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Departr!ient. ~'~~~~, Tf1EREFORE, BE IT f•,ESOLVED that the .4naheim City Planning Commissiort does hereby grant subject Petition for Conditional Use Permit, upon the following conditions a~hich are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general a~elfare of the Citizens of the City of Anaheim: 1. That subject property sliall be developed substantially in accordance with plans and specifications on file o-~ith the City of llnaheim marked Exhibit Flos. 1 and 2. e~ ~T FURi'I~ER RESOLVED that the ~lnaheim City Flanning 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 firal judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void, Tfi[ FOREGOItJG RESOl.UT~pt; fs siyned and approved by me this 22nd day of 19arch, 1~32. ~J~cC (Z . ~„~„r,.-- ATTEST: CNAlR~t/1N, AtlAFIEIN CIIY PLAIJNI?!G C0~1h11S510!J ~,c,~ ~ /~/a,~.d SECRETARY, p~~AHElh1 CITY PLAPitJING COMMISSIOtI -2- PC82-49 ,., ,... ~id!Ern,e,+.eN..x.s,.c.•; ~ ,......,.. . ___. .___ ' - STAT[ OF CALI FORII I ~) COUNTY OF ORAPIfE ) ss. CIT'Y OF ANAHEIM ) I, Edith L. Flarris, Secretary of the flnaheim City Flanning Commission, do hereUy certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Co~nmission lield on Plarch 22, 19t32, by the following vote of the members thereof: AYES: COt1MISSIONERS: GARPJES, BOUAS, DUSHORE, FRY, HERBST, KItJG, MC [3URNEY tJOES : COMMI SS I ON[RS : NOPIE ABSEMT: COMt11SSIO~IERS: P10NE ItJ 411TPJC•SS 41HEREOF, I have hereunto set my hand this 22nd day of March, 19 t32 . ~ ~y SECP,ETFlZY, ANAHEIM CITY P A~~NItlG COMMISSIO~J -3- Pc8z-49