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PC 83-39~~ ~~. RESOLUTION N0. PC83-39 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMTT NO. 2418 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from KYU HO YUN & YOUNG SOOK YUN, 13043 Magnolia Avenue, Garden Grove, California 92644, owners, and MAY LE, 2144 West La Palma Avenue, Anaheim, Czlifornia 92801, agent of certain real property situated in the City of Anaheim, County of orange, State of Califarnia, described as: PARCEL 1: THE SOUTH 60 FEET OF THE NORTH 264 FEET OF THE EAST 10 ACRES OF THE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARiER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST~ IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51~ PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY~ CALIFORNIA. EXCEPTING iIiEREFROM THAT PORTION INCLUDED WITHIN TRACT NO. 2928, AS SHOWN ON A MAP RECORDED IN BOOK 95, PAGES 13, 14, AND 15 OF MISCELLANEOUS M11PS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: THE NORTH 60 FEET OP THE SOUTH 120 FEET OP THE NOF,TH 264 FEET OF rHE EAST 10 ACRES OF TFIE SOUTH 20 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OP SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SAOWN ON A MAP RECORDED IDT BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING TH~REFROM THAT PURTIO[1 INCLUDED WITHIN TRACT NG. 2923~ AS SHOWN ON A MAP RECORDED IN BOOK 95~ PAGES 13, 14 AND 15 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, thi: City Planning Commission did hold a public hearing at the City Hall in th~a City of Anaheim on Febre.~ry 23, 1983, at 1:30 p.m., notice of said public k.~aring having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Cnapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make finc]ings 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 pro~sed use is proper'yo une for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.010 to wit: to permit a beer tavern in the CL (Commercial, Limited) 2one. #0494I PC83-39 ,--, ,._., Z• That the proposed use is hereby granted for a period of three (3) years, to expire on February 23, 1986. 3. That the proposed use is hereby granted subject to the petitioner's stipulation at th? public hearing that the rear door to the facility shall remain closed at all times during business hours to prevent noise from the music from potentially disturbing the residents located to the west. ~. That the proposed use, as granted, will r.ot adversely affect the adjoining land uses and the growt}~ and development of the area in which it is proposed to be located. 5. That the size a^d 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 o.f Anaheim. 6. That the granting of the Conditienal Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 7. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traf.fic in the area. ~. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in oopo~i.tion to the subject petition. ENVIRONMENTAL IMYACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to to permit a beer tavern in the CL (Commercial, Limited) Zone on a rectangularly-shaped parcel of land consisting of approximately one acre, having a irontage of approximately 120 feet on the west side of Brookhurst Street, and further described as 507 Brookhurst Street; and does hereby approce the Negative Declaration from the requirement to prepare an environmental impact report on the basis that ±here would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for general commercial 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 signiiicant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiatirig the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, IIE ST RESOLVED L-hat 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 prerequ.iaite to the proposed use oi' the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That prio.r to issuance of a building permit, aYpropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. -2- P~83-39 ~ 2. That subject property shall be devel~ped substantially in accor.dance with plans and specifications on file with the City of Anaheim marked Bxhibit Nos. 1 and 2. 3. That prior to final building and zoning inspections, Con~lition No. 2, above-mentioned, shall be complied with. 4. That the use is permitted for a period of three (3) years, to expire on February 23, 1986. 5. That the rear door to the facility shall remain closed at all times during business hours. B~ IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expres~ly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part 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. THE FOREGOING RESOLUTION is signed and approved by me this 23rd day of February, 1983. C AIRMAN, ANAHRI CITY P ING COMMISSION ATTEST: ~~,~. ,~° ~, SECRETARY, ANAHE7M CITY PLANNING COMMISSICN STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on February 23, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS~ FRY, HRRBST, KING, LA CLAIRE, MC BURNfiY NOES: COMMISSIONERS: BUSHORE ABSENT: COI~IMISSIONERS: NONE IN WITiiESS WHEF2EOF, I have hereunto set my hand this 23rd day of February, 1983. ~~ .C- LYOi~n.e~e ~ SEC- RE~, ANAHEIM CITY P.r,ANNING CQMMISSION -3- PC83-39