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Resolution-PC 95-98;~, R ~ I N . PC95:~Q ~ ~ RESOLUTION A~' 7HE ANAHEIM CITY PLANNING COMMiSSION AMENDING r~RTAII~ CON~ITIONS OF APPROVAI.OF R~SOI.UTI~N N(~, PC92-104 AD4t'TED IN CONNECTION'JVIT~H CONDITIONAL USE PERMIT N0. 3541 WHEREAS, on ~eptembor 9, 1992 tha F'lanning Commission adoptQd Resolution No. PC92-1Q4 apprvving C~nditional Use Permit No. 35a1 to permit a fiQA sq.ft. outdoor din(ng area in conjunction wich a~reviously-approved 7,5U0 sq.ft. rostai~rar}t with on-premises sale and consumptfan of alcoliolic beverac~e~; and that no action was taken by the City Council; WH~REAS, Con~iftlon No. 4 af Resolution No. ~C92-104 specifies the fall~wing; 4. That subJect usa permit sha11 expire two (2) years from the, dato of this resal~ation on Soptomber 9, 9994; prov(ded, however, thet t{me s~xtansions may bE requested !n cr~nnection with a~iablir hearing to d~te~mine whother the outdoor us~ is compllable with surrountJing land ~ses. If tiiYie extensions are approued, the use may continuo for the additional specified time. WHEREAS, Anaholm Genter Assocfates, lancllord, has requesied modification of Condition No. 4 to p~rmit the use throu~h Septomber 1, 20QC~; and that the pQtitioner has indicated said request is consistent wEth the terms ~f th~ loase of the premises. WhI~REAS, tho City Planning Commi~ston clid hald a public h~aring at tha Civlc C9nter in tho City of Anahaim on Au~ust 21, 1995, at 1:30 p.m., notice of safd publlc h9aring having been duly given as required by law and in accorcJance with the provisions af the Anahelm Municipni Code, Chapt~r 18.03, to h~ar and aonsider evidence for and ag~inst sald proposed amendment and to investigate and make findings and recommendations In cannoction therewith; and WHEREAS, ~tid Commfssion, after due inspaction, investiga+~ion and study made by itsolf and in its behatf, ~nd after due consideratfon of ~II evider~ce and reports o:~~red ~t said hearing, does find and determine the following facts: 1. That subject r,onditional use permit is being : xercis~d in a manner not detr(menta! to the ~aart(c~alar area surrounding land uses nor to tiie pubiic peace, health, safety and general welfare. 2. That there have been no 7ening to ba amendments or policy changg~ that aifor,t thls proposec; and that wgre r~ot constderecl by the i'lanning Cornmisainn when subject petitlon was originally ~pprave~+. 3. That no one indfcated thAir presence at safd public hearirig in opposftian; and that na corrospon~ancs was received in o~poslti~n to the proposed amendment to subjeci potltion. CFi2~161 DM.W~ .1 _ PC95•~J~i C;ALIFORNIA ENVIRf)NMEN i AL~l1ALIT( AGT FINl71N : That the Anahelm Cfty Planning Commissinn r~as revi~wed the proposal and doas hsroby find that the Nec~ativ~ Declaration previously ~pprovod in cannection with Canditfonal U~e F'ormit No. 3541 fs adequata to serve as the requirecl environmental dacumeritation in connoction wfth this reyuast upon finding that th~ doclaration refiocts the independont Jurlgement uf the lead aqency and that it has considered tha Nega~ive peclaration tagethAr with any c~mmonts receivGd e er~~ thatu hleree(se on ubstantial fev denc~ethat ~hehproJect wilihhavei a study and any comment. slgnfficant effect on tho envirnnmont. NOW, TMEf~~FOI~~, BE I'T RESOLVEL~ thot the Anaheim Gity Planning Commission does hereby amend Condition No. 4 uf Resolution No. PC92-104 to read as fallows: 4. That subjgct use permit is hereby grantod for a~eriod af six (6) years, to expire on 5eptember 9, 200Q. THE Ft~REGOING R~SALU'fION was adopted at tho Planning Commissfon meeting of August 21, 19~5. ~ ~~~' -, , ~~ I~SION ~ WOMAN, ANAHEIM CI PLArdNING COMM ATT~ST: , TY P NNI G C~~ON S~CRETARY, AN EIM C! STR~TE OF GALIFVRNIA ) COU~ITY OF ORANGE ) ss. CITY OF ANAHEINi ) i, Margarita Salorfa, Socretary of the AnahAim City Planning Cpmmisslon, do heroby certify that the foregoing reA I ust 2w i995, bytho nllowing~ ate of the members the eofheirn City Planning C~ommissfon held on ug AYES: COMNIISSION~RS; BOSTWICK, BOYDSTUN, BRISTOL, MENNINGER, MAYER, MESSE, PERAZA NOES: G0~-AMISSIC)NER~: NONE ABStNY: CO~VIMI5SIO~JERS: NONE c~' ~_,,,~,, IN WITNESS WHERE~F, I havo hereunto sst my hand this ~' ~~y of ~~-~~~'~~~!'~ /~•, 1995. • ~ ~~ S~CFIETARY, AHEIM CITY PLANNING COMMISSIO~ ~~. PC95-9£t