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PC 85-84RESGLUTION NU. PC85-84 A RESOLUTION OF THE ANAHEIM CITY PLANNING COt4MISSION THAT PETITION FOR CONDITTONAL USE PERMIT N0. 2670 BE GRAN:ED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Uee Pe[mit from P.OBERT F. MILLS, 1600 West Lincoln Aveaue, Anaheim, California 92801, owner, and JEANA GIANAKAKOS, 117 South Verde Street, Anaheim, California 92805, agent for cArtain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT YORTIOtJ OF THE NORTH HALF OF THE NORTHP•.AST QUARTER OF THE NORTHEAST QUARTER OF THE NOR'PHEAST QUARTER OF SECTION 8~ TOWttSHIP 4 SOUTt1, RANGE 10 FlEST, IN THG RANCHO LOS COYOTLS~ AS SHOWN ON A MAP RECORDED ZN BOOK 51~ PAGE 10 OF MISCELLANEOUS MAPS, RECCRDS OF ORANGE COUNTY, CALIFORNIA~ DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNzR OF SAID NORTHEAST QUARTER OF THE NORTBF.AST QUARTER OF THc NORTHEAST QUARTER OF SECTION 8; THENCE NORTH 89° 46' 20" EAST ALONG TFIE NURTH LINE OF SAID P~ORTHEAST QUARTER~ 191.00 FEET; THENCE SOUTH 0° 18' 37" EAST PARALLEL WITH THE WEST LINE OF SAID NORTH HALF, 332.12 FEET TO A POINT IN THE SOUTH LINE OF SAID NORTH HALF; THENCE SOUTH 89° 50' 03' WEST ALONG THE SOUTH LINE OF SAID NORTH HALF~ 191.00 FEET TO THE SOUTHWEST COR[~ER OF SAID NOP.TB H:?LF; THENCE I40RTH 0° 18' 37' WEST ALONG THE WEST LINE OF SAID P~ORTH HALF, 331.91 FEBT TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 1, 1985, at 1:30 p.m., notice of said public hearing having been duly yiven as cequired 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 prop~sed conditional use permit and to inve~tigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, af.ter due inspection, investigation and study made by itself and in its behalf, and after due consideration of a11 evidence and reports offe~ed at said hearing, does find and determine the following facts: 1. That the proposed use is proper.ly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.OSO.U10 and 18.44.050.300 co wit: to permit on-sale alcoholic bevecages in a semi-enclosed restaucant. 2. Thet the proposed use will not adversely affect the adjoining land uses and the growth ar.d development of L•he area in which it is proposed to be located. 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the pro;osed 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. '"~ ~0482r ~ PC85-84 ~'~~"^ - - - ~ ~ ~ ~ 4• That the granting oE the Conditional Use Permit undec the conditions .imposed, if a.ny, will not be detrimental to the peace, health, .;afety and general welfare of. the Citizens of the City of Anaheim. 5• Thal the traffic genecated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to cacry the traffic in the area. 6• That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIROtJMENTAL IMPACT FINDING: That the Planning Director or his authorized representative has determined that the proposed pro;ect falls within the definition of CaL-eyorical Exemptions, Class 1, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirement to p[eoare an EIR, NOPJ, THEREFURE, BE IT R£SOLVED that the Anaheim City Planning Cummission does hereby grant subject Peti.tio^ for Conditional Use Permit, upon the following conditions which are hereby found to be a nECessacy prerPquisite to the propo~ed use of the subject property in order to pceserve the satety and 9eneral ~~elfare of the Citizenc of the City of Anaheim: 1. That all lockable vehiculac access gates shall be equipped with a 'knox box' device to Che satisPaction of the Chief of PolicP and the City Fire tdarshall. 2. That trash storage areas shall be provided and maintained in accordance with approved pians on file with the Street Maintenance and Sanitation Division. 3. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view, and the sound buffered from adjacent residential properties, 4. That the proposal shall comply with all signinp requirAm~ntti of tre CL ~~~°, Lnlec~ ~ vacidnce allowing sign waivers is approved by the Planning Commission or City Counci.l. 5. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 2442 ro the planning Depattment. 6. That the hours of operation shall be limited to 11:00 a.m. to 11:00 P•m•, seven (7) days a week. 7. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 8. That prior to the commencement of the activity authorized under this r.esolution, or prior to issuance of a building permit, or within a period of one year from the date oE thi5 resolution, whichever occurs first, Condition No. 5, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. -Z- PC85-$4 i~ - - - ~ ~,rr. 9. That prior to thf ~mme:,cement of the activity auth~~rized under this resolution, oc fi... bailding and zoniny inapection, whichecer ocevrs first, Condition Nos. 1, 2, 3 and 7, abo•re-mentionc-d, shall be complied with. BE IT FURTHER RESOLVED that the Anaheim City Planniny Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all o£ the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid oc unenforceable by the final judgment of any court of ~ompetent jurisdiction, then thi~ kesolution, and any approvals herein contained, shall be deemed null and void. TEIE FOF°GOING RESOLUTION is signed and approved„by me this lst day of April, 1985. ~/ - t 1 - ~ ~ ~-~.l-f~-~i ;.'"l /~. s _ '~~G ___.CHAIRkAN~ ANAHf.`IM'.~ITY PLANNING COMMISSION ATTEST: ~ ~ . SECRETARY~ ANAHEIh] CITY PLANNING COMMISSION STATE OF CALIFURNIA ) COUNTY OI' ORANGE ) Ss. CZTY OE' ANAHEIFI ) I, Edith L. Harris, Secretary of the Anaheim City Plannir.g Commission, do hereby certiEy that the foregoing resolution wac passed and adopted at a meeting of ttie Anaheim City Planning Commission held on April 1, 1985, by the following vote of the members thereot: AYES: COMt9I5SIONERS: BOUAS, BUSHORE~ FRY, HERBST, KING~ LA CLAIRE, MC BURNEY rro~s: cour~*_ssic:~~rs: ::or,~ ABSENT: CGMMISSIONERS: NONE IN WITNESS WHEREOF, i have he[e~nto set my hand this lst day t,f April, 1985. ~~.z~ ,1-` ~~~ SECRETARY~ ANAHEIDI CITY PLANNZNG COMMISSION -3' PC85-84