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Resolution-PC 2004-94~ ~ ' RESOLUTION NO. PC2004-94 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION TERMINATING ALL PROCEEDINGS W CONNECTION WITH CONDITIONAL USE PERMIT N0: 360 AND CONDITIONAL USE PERMIT NO. 980 (2820 W EST BALL ROAD) WHEREAS, on February 4, 1963, the Anaheim Planning Commission did, by its Resolution Na 624, grant Conditional Use Permit No. 360 to permit Unit 1 of a shopping center to be used as a Hofbrau at 2820 West Ball Road; and ' WHEREAS, on December 4, 1967, the Anaheim Planning Commission did, by its Resolution No. 265, grant Conditional Use Permit No. 980 to permit on-sale liquor in addition to beer and wine in conjunction with an expansion of an existing restaurant at 2820 West Bafl Road; and WHEREAS, John Pendicini, has submitted a letter requesting termination of Conditional Use Permit Nos. 360 and 980 to comply with the Condition of approval No. 23 of Resolution No. PC2003-145, for Conditional Use Permit No. 2003-0477Z (to establish' land use conformity with existing Zoning Code land use requirements for a legal nonconforming commercial retail center and to expand an existing legal-nonconforming bar with waiver of minimum number of parking spaces) approved by the Planning Commission on November 3; 2003, requires the property owner to submit a letter to the Zoning Division requesting termination of Conditional Use Permit Nos. 360 and 980 since these entitlements are no longer needed. ' NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby terminate all proceedings in connection with Conditional Use Permit Nos. 360 and 980 on the basis of the foregoing findings. _ BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set forth. Should any such condition, 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 was adopted at the Planning Commission meeting of September 8, 2004. Said resolution is subject to the appeal pro isions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal pr ce e and m y be ced by a City Council Resolution in the event of an appeaL . CHAIR RSON, ANAHEIM PLANNING COMMISSION ATTEST: ~~ C~:~c~ ~"`- SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION • ,~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ' I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 8, 2004, by the following vote of fhe members thereof: AYES: COMMISSIONERS: EASTMAN, FLORES, O'CONNELL; ROMERO, VANDERBILT-LINARES, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUFFA W WITNESS WHEREOF, I have hereunto set my hand this ~~s'~ day of S~ f~~e~ ~,'~- ' 2004. ~~ C~.~-c+'~- ~`'t- ' SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION Cr\PC2004-094 (TRACKING NO. CUP2004-04904)