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PC 83-28~"~ ~ RESOLUTION NO. PC83-2$ A RESULUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT P~TrTION FOR CONDITIONAL USE PERMIT NO. 2414 BE DENIED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conclitional Use Permit from NORTH AMERICAN INVESTMENTS, 1940 North Tustin, Suite 100, Orange, California 90701, owner & QUY VIET TONG, 2418 West Kood Street, Santa Ana, California 9270., agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCELS 1 TO 4~ INCLUSIVE, AS PER MA2 FZLED IN B'~~K 148, PAGES 8 AND 9 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on February 7, 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 evi.dence 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 to wit: to permit a beer and wine tavern in the CL (Commercial, Limited) Zone. 2. That the pronosed use is hereby denied on the basis that there are three establishments currently existing in this snoppinq center with permits £or sale of alcoholic beverages and this would cause an over-concentration and on the basis that tne proposed location is in close proximity to a high school and the sale of alcoholic beverages with live music would adversely affect the surrounding area. 3. That the proposed use will adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 4. That the size and shape of the site proposed for the use is not adequate to allow the full development of the proposed use in a manner not detrimental to the particuldr area nor to the peace, health, safety and general wclfare of the Citizens of the City of Anaheim. 5. That the granting of detrimental to the peace, health, of the City of Anaheim. the Conditional Use Permit will be safet,y and general welfare of the Citizens #04751 n;>• . , ..., ... . ... .., . . , PC83-28 ~~^\ ~~. 6• That tne traffic qenerated by the proposed use will impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. ~• That no one indicated their presence at said public hearinq iIl oppesition; and that no correspondence was received in opposition to the subject petition. EN~IRO:dMENTAL IMpACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a beer and wine tavern in the CL (Commercial, Limited) Zone on a rectangularly-shaped parcel of land consisting of approximately 3.1 acres located at the southwest corner of Sall Rr~ad and Gilbert Street, and further described as 2424 S& T West Ball Road; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the baais that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration sirice the Anaheim General Plan designates the subject property for qeneral co.+nmercial land uses commensurates with the proposal; that no sensitive environmental impacts are involved in the proposal; that the 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 P.naheim Planning Department. NOW, THEREFORE:, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny subject Petition for Conditional Use Permit, on the basis of the aforementioned findings. THE FOREGOING RESOLUTION is signed and approved by me this 7th day of February, 1983. ATTI;ST: A2 N~ ~~EIM CITY P NG COMMISSION . e~ ~,, ~ SECRETARY~ EIM CITY PLANNING COMMISSION STATE OF CAI,IFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANpyg2M ) T 2;ith L. Harris, Secretary of the Anaheim City Planning Commission, '~ hereby certify that the foregoing resolution was passed and adopted at a meeting of tkie Anaheim City Planning Commission held on February 7, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMIggIONERS: HOUAS, RUSHORE, FRY, HERBST, KING. I,A CI,AIRE, MC BLIRNEY IVONE NONE IN I^12TNESS WHEREOF, I have hereunto set my l~and this 7tr day of February, lgg3, • ~ ~ SECR~TARY, ANAHgIM CITY PLANNZNG COMMISSION -2- PC83-28