PC 70-47~~~~
RESOLUTION`.JJ. PC70-47 )
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' A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM
THAT PETITION FOR CONDITIONAL USE PERMIT 11~'~ BE DENIED
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: WHEREAS, the City Planning Commission of the City of Anaheim did receive a verified Petition for Con-
dit;onal Use Per.mit from HAZEL R. EPKENS, 3151 Teranimar Drive, Anaheim9 Cal ifornia ~'.:.'0~,
Owner; ANDREW'S BURGERS, GUST KIOUSIS AND JAMES A. DORLIS, 3464 West Orange Avenu_•y Anar,eim,
California 92804, Agents of certain real property situated in the City of Anaheimg Co~~nty of
Orange, Stote of California, described as Loi: 1 of I'ract No. 1940, as shovan on a m~r -r,~ra--
of recorded in baok 82, pages 8, 9, and 10, of Miscellaneous Maps, rerords of sai~ O:anye
County.
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WHEREAS, the C;tyPlanning Commi~sion did hold a public hearing at the CityHall in the City of Anaheim
on hiarch 23, 19709 at 2:00 o'clock P.M., notice oE said public hearing having been duly given
as required by law and in accordance with the provisions o(the Anaheim Municipal code, Chapter 18.64,to hear
and consider evidence for and ageinst said proposed conditional use and to investigate and make findings and
recommendations in connection therewith; and
~ WHEREAS, said Commission, after due inspection, investigation, and study made by itself and in its be-
; hal:, and efter due considewtioii of all evidence end reports otfered at said hearin~, does find and determine the
following facts:
1. That the proposed use is pruperly one Eor which a Conditional Use Permit is authorized by Code;
Section 18.40,060(e) to wit: establish a walk-up restaurant with an outdoor patio on
subject property.
2. That since reclassification proceedings for C-1 Zoning have been recommended
for disapproval, the reGuested use woulo not be permitted or app:opriate in the exi.st:ng
zone.
3. That the proposed use wi:l adversely affect the adjoinin~ land uses and the
growtli and development of the area in which it is proposed to be located.
4. That the size and shape of subject property is not adequate to allow for the
full devel.opment of the proposed use in a manner not detrimental to the particular area,
since it was not proposed to conforon to the required 35-foot setback along Lincoln Avenue
as established by the City Council.
5. That the proposed use would be detrimental to the peace; health, safetyy and
ueneral welfare of the ciiizens in t~is area and of the City of Anaheim due to noises,
odors, hours of operation, and lighting.
6. That two persons app~ared rep.resenting four persons present in the Council
Chamber, and a letter and a petition si~ned by 25 persons was received, all in opposition
to subject petition.
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AIOW, THEREFORE, BE IT RESOLVED thet the Anaheim City Plenning Commission does heeeby deny subject
Petition for Conditional Use Permit on the besis of the aforementianed findings.
THE FOREGOING RESOLUTION is signed and eppro eYl~by me.this 2nd d of April, 1970.
CHAIRn4AN ANAHEIM CITY PLANNING COMMISSION
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ATTEST:
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SECRETARY ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
? CITY OF ANAHEIM )
I~ Ann KteUs, Secretery of the City P!9naing Commission of the City of Anahelm, do hereby certify thet the fore-
going resolntion wes pesaed nnd edopted at a meeting of the City Plenning Commission of the City of Aneheim, held on
March 23, 1970, , at 2:00 o'clock Y.M., by the following vote of the members thereof:
AYES: COPoIMISSIONERS: Farano, Gauer, Herbst, Seymour, Tf~om, Rowland.
NOES: COMMISSIONERS: None.
AHSENT: COMMISSIONER~: Allred.
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i IN WITNESS WHEREOF, I have hereunto set my hend this 2nd day of Apri 1, 1970~
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SECRETARY ANAHEIM CITY PLANNING COMMISSION
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RESOLUTION N0. 47
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