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PC 82-97~-_ RFSOLUTIOPI "~0. PC32-97 A RESOLUTI OtJ OF TIIE At1AHE I M C I TY PLAtlN I 6J~ COMM I SS I ON TliAT PFTITION FpI? C~WDITIO!!/1L USE PFRMIT IJO. ?_??_9 DE GRA!JTED WfiERL•/lS~ the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from 4/1LL1l1M E3LAIR AR115TR~Mr, ET qL,, 1301 Dove Strreet, Suite 7G0, Flewport Beach, California, 92GC0, owner, and JOHP! C. HARPER, SR., P,O. Box 4771F, Anaheim, California, 92803, agent, of certain real property situated in the City of Anaheim, County of Orange, State of Californta, described as: PARCEL t: LoT 1 OF TRACT IJO. 10337, CITY OF Atl.4H[Ir•!, CnuNTY Or• ORA~4r,E, STATE OF CALIFQRhJIA, AS PER MAP RECORDEU IPl DO~K 4G~7, PAGES 15 TO 1 IiJCLUSIVE, MISCELLAtJEOUS Id.4PS, RECORDS OF SFlID COUNTY. 7 liali in theECity~oftAnaheim onaMaynl7Cojgg~;~a~ ;(3rhold a public hearing at the City hearing having been duly given as requtred by la~x~~and~incaccordancedwTth~the provisions of the Anaheim 1lunicipai Code, Chapter 18.03, to hear and consTder evidence for and against said proposed conditional use permit and to investtgate and make findings and recommendations in connection ti~ereioith; and IJIfEREAS, said Commission, after due inspection, tnvestigation and study made by itself and in its behalf, and after due consideration of all evidence and reoorts offered at said hearir.g, does find and determine the following facts: 1. That the proposed use is proper)y one for which a conditional use permit is authorized by Anahaim Municipa) Code Section 1'3.4~t.05~,010 to wit: to permit on-sale beer and wine in an existing restaurant. 2. That the proposed use ~aill not adversely affect the adJoining land uses and the growth and development of the area in which it is prnoosed to be located, 3. That the size and shape of the site allow the full development of the proposed use in armanner fnotthdetrimentaleQtotethe particular area nor to the peace, health, safety, and general welfare of the Citizens of the City of ~lnaheim. 4• That the granting of the Conditional Use Permit under the conditions inposed, tf any~ will not be detrimental to the peace, health, safety and general welfare of the Cttlzens of the Ctty af Anaheim. 5. That the traffic generated by the proposed use will not tmpose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. PC82-97 ~. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. EPlVIR0t9ME~JTAL 111PACT FI!dDI~1G : The Planning Direct~r or his authorized representative has determined that the proposed project falis ~•~ithtn the definitton of Categorical Exemptions, Class 1, as defined in the State EIR Guidelirtes and is, therefore, categorically exempt from the requirPment to prepare an EIR. NOi•!, TtIEREFORE, 13E IT RESq(_VED that the Anaheim City Plannin9 Commission does hereby grant subject Petition for Conditional Use Permit, u~on the following conditions which are hereby found to he 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 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, E3E IT FURTIIER RESOL~/ED that the Anaheim Citv Planning CommTssion does hereby ffnd and determine that the adoption of this Resolution is exnressly predicated uoon applicant's compliance a~ith each and all of the conditions heretnabove set forth. Should any condition or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent .jurisdiction~ then this ?esolution, and any approvals herein contained, shall be deei~ed null and void. TiIE FORFG01l~G RESOLUTIO!J is signed and aoproved by me this 17th day of May, ~9a2. ~ i°~~ -- C I Rt1APl PRO TEHPOR[ AMAHE I M C I TY PLA!I~J I!Ir: COM, SS I nrt ATTEST: _ ~ ~ ~ ~.~:. SECP,ETARY, ANAHE I M C I TY PLAt~i71 NG COMM I SS I O~J STATE OF CALIFOR~JIA ) COUNTY OF ORA~lGE ) ss. CITY OF AfJAHEIM ) I, Edith L. Harris, Secretary of the Anaheim Citv Planning Commission, do hereby certify tliat the foregotng resolution ~aas passed and adopted at a meeting of the Anaheim City Planning Commission held on May 17, 1~II2, at 1:3!? n.m., by the follaving vote of the memhers thereof: AYES: CON111SSI~t~ERS: l3ARPlES, BOUAS, FFYf fIERBST, I<ItJf;, MC BURPJEY NOCS: CONIIISSIQtlERS: NOIJE ABSGMT: COMMISSIO~JERS: 3USHORE IN WITN6SS WHEREOF, I have hereunto set my hand this 17th day of May, 1982. ~~ ~'~la~~w SECRETARY, ANAHEIM CITY PLANNING COMMISSIOP~ -2- PC82-97