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Resolution-PC 95-68 RE501 UTION N0. PC9a-66 A RESOLU710N AF THE ANAHEIM CITY PI.AN~JINC COMMISSION 7HA7 F'El'ITION FOR CaNDIT10NAL USE PERN111" N0. 3770 BE GRANTED WhfEREAS, the An~heim City Plannir,g Gommisslan did receiv~ a varffied Peti~lan f~r Condi~ianal Use Permit tor c~rtafn real property situat~d in the City af Anaheim, County of Orange, State of California, described as: THE EAST 200.0o FEET OF TH~ SUUTH a ACRES OF THE EAST ~i0 ACRES OF T~IE 50U?H ?.0 ACI~ES OF TM~ SOU7HEAST ~UAFiTER ~OF ThIE NOR7HEAST ~UART~R OF SECTION 18, TC)WNSMIP ~ SQUI'H, ~ANGE 10 WFST, IN 'CFIC RANCHO LOS COYOT~S, AS PER MAP RECORD~D IN BOOK 51, PAG~ 10 OF MISCELIANEOUS MAPS IN THE OFFICE OF THE COUNI'Y RECORDER O~ SAID COUNTY. WHEREAS, the City Planning Cammission did hold a public liearing at the Cfvic CentEr in the City of Rnahefm on June 12, 1995 ~t 1:30 r~.m., notice of s~id public hearing having uecn duly given as requirad by law and fn accordance with the provisions of the Anaheim MuniGipal Code, Chapt~,r 18.03, t~ hear and c~nsider evfdenco for ~nd against said proposod conditional use permlt and tQ Inv~stigate and make f(ndings and recornmsndations in connection therewith; and WHEREAS, said ~ommissian, after due insp9ction, investigation and study made by ftself and In it~ behalf, and after due consideration of all evidence and reports affered at said hoaring, daes find and determine the foliowing facts: 1. That the propased use is properly ane for which a conditfonal uso permit fs ~uthnrized by ~rraheim Nlunfcipal Code Section t 8.44.050.195 to perrnit expansion ~f an ~xist(ng canvenienc~ market; 2. 'T'hat thg prop~sed ~ase will not adversely affiect the adjoining I~nd uses and ihe growth and development of the area fn which it is proposod to be located because subJecC property r~alcat on doe~s ~ convenienc~ market in the past without apparent detriment to th~ area, ar.c~ that subject a~p nat include tha sale af aicohulic beverac~es; 3. That tY~e size and shape ot tl~e site for tho proposod use is ad~quate to allow fuli development ~f the proposed use in ~ manner not detrimertal to the particul~r area nor to tho peace, health, satety, arid c~enerai welfare; 4. 1'hat the traffic generated by the proposed use ~vill not impose an undue burden upan tho stre~ts and highw~ys designed and improved ta carry the traffic in the area; 5. Thac P.he granting of the conditional use permit under the conditions imposed will noY ba detrim~,~ntal to tho peace, health, safety and general welfare oi the cftizens of tho City af Anah~im; and 6. That no ane indicated their presence at said public hearing in opposition; and that no correspondenc~ was reae(ved in opposition to the subie~t petition. CR2398MS.WP ' ~ " P~S~~ ,~;~.~:. ~. .r~ ~ i.;l~,~~ sr i~~~, ~~~~ ~ALIFORNI~ E~lVIRO.NMENTAL QUALITY ACT FINDING. That the anahoim City Planning ~r~~,,; :~Issian has reviow~d the prop~sal ta perrr~it expanslon of an 9xisting convenience market on a ;~.ngulariy-shaped parcei of lancJ consi5ting of a{~pr~ximately 0.72 acre lacated at the nor~hwest carner ~range Avenue and Brookhurst Streat, hr~ving approxfmata frontages of 140 feot on the north s6de of ~ ange Avenue and 2~3 feet an the west of Braokhurst ~treet and further describe~: as 519 5outh arookhurst Street; and does hereby ap{~rove tho Negative Doclaration upon finding that the daclarat(on roflects the independent Judgement of the lead ac~ency and that it has considered the Neg~tivo [7eolaratlon together with any comments rec~ived during tho public review pracess and ~urther findln9 on tha basls o# the inltiai study and any r,omments recoived that ~ther~ is no substant(al evid~nce that the praJe~t wl{I have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that thn Anaheim ~ity Plannfng Comm(ssion does hereby grant suhject Petition for Conditional Use (~ermit, upon the foliowiri~ conditions whic~r are heroby found to be a nec~ssary prerequfsite to the prorosed use of the subject property in ~rder ta preserve tha safety and general weifare of the Citizen~ of the City of Anahefm: 7h~t the sale ofi alcoholic beverages shall be prohfbited. 2, That subjaat property shall be developed substantfally in ac~;ordanco with plans antl specificat(ons submitted to the City of Anaheim by the p~titioner and which plans are vn fils with the Pianning qepartmont marked Exhibit Nos, 1 and 2. 3. 7hat prior oommencemeni of the activity hereiri approvod, or prior to flnal buliding and zoning inspoctions, or within a perfad of one (1) ye~~r from th~ date of this resolutfon, whichever occurs first, Conclition No. 2, above-mentioned, shall be cornpliec~ with. Extensions for further tima to aomplets said cr~nditions may be gran4ed in accordance with ~ection 18.03.09Q of the Anaheim Municipal Code. 4. That approval af this appiicatian con~titutes appr~val of the propasod request only to the e~ent that it complies with the Anahefm Municipal Zoninc~ Code and any other applic•~ble City, State and Fedoral regulations. Approval does not include any action or findings as to complianae or approvai of the request regard(ng any other ap~~licable ordinance, regulation or requlren~ent. ~E IT FURTHER RES~LVED that the Anaheim City Planning Cc~mmissian does hereby ffnd and determine ttiat adoption of this Resolution is expressly predicated upon applicant's compliance wfth oach and all of the conditions h~reinabove set forth, Should any such condition, or any part thereof, be declared invalid or unenforceable by the ifnal judgment of ~ny aou'rt of com~~eter~t jurfsdiction, then this Resolution, and any appr'avals hereir~ contained, sh~ll be deemed null and vuid. THE FOI~EGOING RESOLUTION was adopted at the Planning Commission meeting of June 12, 1995. ~ ~ , ~- ,~~ J ,~ ~ ~- ' CHAIRWO AN ANAHEI CITY PI~+NNING COMMISSlQN A7TE5'f: I}~(.~.s SECR~'I'ARY, AHEINI CITY PIANNING COMMISS~ON 2_ PC95~ .~~I' ,~. f,/~I~ i ~~r: $1'ATE OF CALIFORNIA ) COUN71( OF ORANGE ) 3S. CITY OF ANAHEIM } I, Margarita Solorio, Secretary af the Anahelm City Pianning Gommission, do heroby certify th~t the faregold on Junet~l2, 995 ~by tha fat ow'ngpvo e af he metmb~ sfthe en ~aheim City Planning Commissfnn he AYES: COMMISSIONERS: BOSTWlCK, BOYDSI'UN, CALDWELL, hiENNINGER, MAYEP, PERAZA NOES: COMMISSIONERS: NONE ABSENT; COMMISSIQNERS: M~SSE IN WITNESS VNI-I~REOF, I have her~sunto sot my hand this ~,7~ day ofi ~~____ ~_~ 1995, ._~. ~ .~ .~~~b - ,~ECRETARY, AI-iEIM CITY PI.~INNINC COMMISSION -~- PC95-68