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PC 83-171-., ~.... RESOLUTION NO. PC83-171 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2493 BE GRANTED WHEREAS, the Anaheim City Pla~nii~g Commission did receive a verified Petition for Conditional Use Permit from SUSAN MANUEL, 2300 East Edgemont, Los Angeles, California 90027, owner, and ,TACK T. CHO, 5031 "E" East Orangetharpe Avenue, Anaheim, California 92807, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THOSE c:ERTAIN PARCELS OE LAND SHOWN AS "MAX BAYHA 8,452 i:CRES" AND "HERMINE BAYHA LOWE 7.806 ACRES, AS SHOWN ON A MAP FILED IN BOOK 7~ PAGE 12 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGG COUNTY~ CALIFORNIA, SH04N AS PAF2CEL 2 ON THE PAkCEL MAP RECORDED IN BOOK 74, PAGE 17 OF PAF.~EL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COONTY, WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 19, 1983, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.010 & 18.06.080 to ~~;it: to permit on-saie beer and wine in an exisL-ing restaurant with waiver of: SSCTION 18.06.050.0231 - Minimum number of Parking spaces. AND 18.44.066.050 (241 spaces required; 229 spaces existing) 2. That the parking waiver is herpby granted on the basis that the parking ~ariance will not cause an increase in traffic congestion in the i,mmediate vicinity nor adversely affect any adjoining land uses; and that the grantin9 of the parking variance under the conditions imposed, if any, will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. 3. That the proposed use is hereby granted subject to the petitioner's stipulation at the public hearing that beer and wine will only be served in conjunction r:ith t.he service of ineals. 4• That the proposed use ~vill not adversely affect the adjoining land uses and the growth and develoPment of the area in which it is proposed to be located. $0046r PC83-171 5. That the size and shape of the site proposed for the use is adequate to allow 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. 6. That the granting of the Conditional U~~ Permit unde: the conditions imposed, if any, wi11 not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 7. That the traEfic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 8. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planni.ng Commission has reviewed the proposal to permit on-sale beer and wine in an existing restaurant with waiver of the minimum number of parking spaces on an irregularly-shaped parcel of land consisting of approximately 3.5 acres, located at the northwest corner of Oranaethorpe Avenue and Kellogg Drive, and further described as 5031 "E" East Oran9ethorpe Avenue; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Stu~y and an~ comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be 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. Z, That prior to final building and zoning inspections, Condition No. 1, above-mentioned, shall be complied with. 3. That beer and wine shall be served only in conjunction with the service of ineals. BE IT FURTHER RESOLVED tnat the Anaheim City Planning 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 conditions, or any oart thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. '2' PC83-171 THE FOREGOING RESOLUTION is signed and appro~~ed by me this 19th day ot September, 1983. lGli O~G~-o'~._/ CHAIRMAN~ A HEIM CITY PLANNING COMMISSION ATTEST: ~~.~. ,~.° `i~,, ., . ~ SECRETARY~ ANA$EIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) Ss. CITY OF ANAHEIM ) I, Edi.th L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foreguing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 19, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST~ KING~ LA CLAIRE NOES: COMMISSIONERS: [~ONE ABSENT: COMMISSIONERS: MC BURNEY IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of September, 1983. Jo dX-Pib.-. ~ /~Y-~. SECRETARY, ANAHEIM CITY PLANNING COMMISSION '3- PC83-171