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Resolution-PC 93-93f~ ~ A RESOLU710N OF THE ANAHGIM CI'fY PI.ANNING C~7MMISSION THAT PETITION FaR CONDITIONAL USE PERMI7 Nb. 3827 BE GRANTED WHEREAS, the Anahelm Cfty Planning Comm(ssfon did roceive a verlfled Petklon for Condltlonel Use Permk io~ certain real properry situated In the City of Anahelm, County of O~ange, StatO of CaiHornls, deacribed as: PARCEL THREE, IN TNE CITY OF ANAHEIM, COUNTY OF ORANGE, 3TATE OF CALIFORNIA, AS 3WOWN AN A PARCEL MAP FILED IN BOOK 63, PAQE 5 OF PARCEL MAPS, IN THE OFFICE OF TH~ COUNTY RECORDER OF SAID COUNTY. EXCEP7ING ANY PORTIONS THENEOF INCLUDED WITHIN THE LINES OF ANAHEIM NIILS ROAD AS SHOWN ON SAID PA~CEL MAP. WHEREAS, the City Piannfng Cammission did hoid a publ(c hearin~ at the Civic Cpnter In the Ciry of Anaheim on August 9, 1993 at 1:30 p.m., notlce af sald nublic hearlne having beere duly glven as requfred by Iaw and In accordance wfth the provislons at the Anahelm Municipal Code, Chapter 18.03, to hear and consider evidence tor and ege(nst said proposed condftlonal use permit and to lnvectigate and make flndings and recommendations In connection therewith; and WkERFJ1S, said Commlasfon, after due inspection, Envestigation and study made by itaelf and in ks behalt, and after due conslderation of all evidence and reports ~((ered at sald hearing, does find and determinr the fotlowing fects: 1. That the proposed use is properly one for which a condftional use permit is authorized by Anaheim Municlpal Code Sections 18.44.050.010 and 18.44.050.300 to pennk the on•premise sale arui conaumption of beer and wlne in conjunction with a proposed delfcatessen with outdoor seating; 2. That the propoaed use Is property one ~or which a conditlonal use permit Ia authorized by the Zoning Cade for Umited Commdrei~l zon(ng In tha Scenic Corridor Zone Overtey; 3. Tho subject locatlon wes previously occupled by a combination delicatessen/Ilquor etore having outdoor seatfng and whfch had no documentetl Code violations; 4. That th~ petitioner stlpulated to Ilmiting the consumptlon of beer and wina to the Interior of the res~aurant buflding only; S. 1'hat the proposed use will not adversely alfect the adjoining land uses and the growth and deveiopment of the erea In which It is propoaed to be located because the exletfrg parking excoeds the number of apeces rec,ulred by Code for this use; 8. That the alze ~nd shape of the slte tor the proposed uae is adequate to allow the tull development of the proposed use In a manner not detrimentai to tho parttcular area nor to the paace, hoalth, satery, end generai weltare; 7. That tho treHic generated by the qroposod use will not Impose an ur~due burden on the j gtr9ets and hlghways dASfgned end (mproved to carry the traNic in the area; ! 8. That the yrantfng of the conditi~nal use permR under the conditfons imposed will not be i detrimsntel to the peace, health, saiory and genera{ woltere of the cit~ons of the Ciry of Anaheim; arx9 CR1868MS.wp -t- PC93•83 ~ ~ ~f. 4Y .i ~,,, ~~. ~ ~ 9. That no one Indicated their presence at said public hearing In oppos"lon; and that nc correspondence was raGefved in oppositfori to tho subJect petitian. GALIF~R 'IA VIRONMENTAI. DUA~ACT FINDING: That the Anaheim ~ity Planning Commisslon has revlawad the proposal to permk the on-premise sale and consumptlon of beer and wine In conjunction wfth a proposed delicatessen wfth outdoor seating on an irregula~lyshapoat percei of land consisting of apprnximately .98 acre, having a frant~go of apprQximately 183 faet on the east sldo of Anaheim Hills RoAd, havfng a maximum depth of approximately 1 S~ feet, being located sapproxlmately 145 feet north of the centerline of Nohi Ranch Road and furthor described as 410 South Anaheim Wifls Road; and does hereby approve the Negative Declaration upon finding that the declaratlon reilects the indapendent judgement of tho lead agency and that k has consldered the Negative Declaratlon together wfth am/ commonts recefved during the public rsvlew process and further findfng on the basis of the fn(tial study and any comments recelved that there Is no substantlai evidence thet the proJect will have a significant effect on the envfronment. NOW, THEREFORE, BE IT RE50WED that the Anahe(m Ciry Planning Commisslon doos hereby grant subject Petition 9or Condftlonal Use Permit, upon the follawing r,onditians whlch are hereby found to be a necessary prerequisite to the proposed uso of tha subject property in order to prosenre the sefety and gen~ral we~fare of the Citizen~ of the Ciry of Anehelm: 1. That the on-premfse consum~tion of beer and wine shall be Ifmfted to the interlor of the restaurant buliding only. 2. Ti~at signs shall be posted fn the interi~r af the restaurant informing Gustomers that ths consumptlon oF beer and wine Is Ifmfted to the fnterior oi the restaurant buliding only. 3. That sub~ect property shali be devetoped aubstantlally In accordance with plans and specffications submitted to the Ciry oi Anahelm by the petftioner and which plans are on iile with tho Plenning Department marked Exhiblt Nos. 1 thruugh 3. 4. That prior ta commencement of the ~cthrfty suthorized by this resolution or withtn a periad of one (1) year irom the date of this resoluclon, whichever occurs i(rst, Conditlan Nos. 2 and 3, above-menttoned, ahall be complled wfth. ~xtansfons for further time to completR said condftlons may be fl~nted in accordance wfth Sectfon 18.03.090 of the Anahsfm Municlpal Code. 5. That approval of thls application constftutes approval of thA proposed request oMy to tha axtent that It complles with the Anahoim Municipal Zoning Cale and any ather appllcable City, State and Federal regulatlona. Approvai doea ~ot Include any aotfon ar tindings as to compHance or approval of the request rogardin~ any other applicable ordinence, regulation or requfremeM. BE IT FURTHER RESOLVED that the Anaheim City Plannin0 Commlaslon does hereby flnd and determine that adoptlon of this Resolution fs expressly predlcated upon applicent's compllence wlth each and all oi ths conditions herelnabove aet 1~Kh. Shou~d eny such condRlon, or any part theraof, bs dociared Invalid or unenforceable by tho Bnat judgment ot any coun of competent jurisdictton, then this Resolutfon, and any approvals here(n c4ntalned, shall be doemed null and void. THE FORECiOINCi RESOLUTION was adapted at rhe Planning Commissfon meeting ot August 9, 1993. %~ ~~ CFlAIRMaN ANA M CITY P I COMMISSION ATTEST: ~ •~ - ". . ~ '^. . ~ - / CRETARY, ANAH/ CITY PLANNINQ COMMI.~,SION i" ~/ p~•~ ~.%' •2- ~ ~ I ~., Py~ i 1v. i ~ i ' i ~ ~ ;~ .` ~ :~ ;~ ~""" !~ STATE OF CALIFORNIA ) COUNTY OF qRANGE ) ss, CITY OF ANAHEIM ) I, Edith L. Hanis, Sacretary af the Anahelm Clty Planning Commisslon, da hereby cortNy that the foregoln~ rosoiutlon was paESed and adepted at a moeting of tho Anahefm Clry Planning Commission held on August 9, 1993, by th~ following vote of the members thoreof: AYES: COMMISSIONERS: BOYDSTUN, CALQWEIL, HENNINGER, MAYER, MESSE, PERAZA, TAIT NOES: COh1MISSIONERS: NONE ABSENI': COMMI8510NER8: NONE IN WITNESS WHEREOF, I have hereunto set my hand thls G~'~ day ofi ~,~~~~~ 1993. 2 o.,va ~ RErARY, ANAHEI CITY PIANNINQ CUMMISSION ~ -3- PC93•93 ,