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PC 74-75RESOLUTI0~0. rC74-75 ~ A RETHAT PETIOTION FORICONDITIONAL USE PIERMITO~4~lE CBE DEN ED HEIM WHEREP.'z:, the City Planning Commission of the City of Anaheim did ceceive a vecified Petition for Con- ditional Use Permit irom WILLIAM R. WHITLA, 1501 East La Palma Avenue, Anaheim, California 92805, Owner; ,and LEONARD SMITH, 125-D South Claudina Street, Anaheim, California 92805, Agent, of cert~in real property described as follows: All that certain land situated in the State of California, County of Orange, City of Anaheim, described as follows: The South222 feet of the West one-half of the Southwest quarter of the Southwest Quarter of the Southeast Quarter of Section 2, Township 4 South, Range 10 West, in Che Rancho San Juan Ca3on de Santa Ana, as shown on a Map recorded in Book 51, page 10 of Miscellaneous Map~, records of Orange County, California. EXCEPT therefram the interest in the West l0 feet thereof conveyed to the City of Anaheim by deeds i•ecorded 7uly 19, 1954 in Book 2772, pages 582 and 603 of Official Records of said Orange CounCy. ; and WHEREAS, the CityPlenning Commission did hold e public hearing at the CityHall in the City of Anaheim on April 15, 1974 at 2:00 o'clock P.M., notice of said public hearing having been duly given as cequiced by law and in eccordence with the provisions ~f the Anaheim Municipel code, Chapter 18.64, to hear end consider evidence for and ageinst said pcoposed conditional use and to investigete nnd make findings and recommendetions in connection therewith; and WHEREA5, said Commission, after due inspection, in~ estigation, and study mede by itself end in its be- helf, and after due consideration of ell evidence and reports offeced at seid hearing, does find and determine the Eollowing facts: 1. That the pcoposed use is properly one for which a Conditional Use Pecmit is authorized by Code Section 18.40.Q60(g), to wit: to permit on-sale beer and wine in an existing restaurant. 2. That the proposed use would be in close proximity to three schools and two churches and for this reason would set an undesirable precedent at the subject location; further, that a large number of chi7dren would be passing the subject establishment on their way to and from school. 3. That the Planning Commission had previously denied a similar conditional use permit application in the subject area. 4. That an off-sale liquot establishment presently exists in the subject area. 5. That the proposed use will adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be locaCed, 6. That the size and shape of the site proposed for the use is inadequate to allow the full development of the proposed use in a manner not deCrimental to the parti.cular are~ nor to the peace, health, safety, and general welfare of the Citizens of the City of Anaheim. 7. That the granting of the Conditional Use Permit would be detrimental to the peace, health, safety, and general welfare af the Citizens of the City of Anaheim. 8. That leCtera were received from the Thomas A. Edison School and the Anaheim Union High School District, e petition wae filed containing approximately 1,050 si.gnatures, and one person appeared at said public hearing representing approximately eight persons present, all being in opposition to subject petition. ENVIRONMENTAL IMPACT REPORT FINDING: That the Director of Development Services has determined thet the proposed activity falls within the definitton of Section 3.01, Class 1 of the City of Anaheim Guidelines for the Requirements for an Environmental ImFact Report and i.s, therefore, categorically exempt from the requirement to file an EIR. CI-D '1" RESOLUTION N0. PC74-75 0 . 0 NOW, THEREFORE, BE IT RESOLVED thet the Aaaheim City Planning Commiasion does hereby deny subJect Petition for Conditional Use Permit on the besis of the efo~ementioned findings. TFiE FOREGOING RESOLUTION is sig~ed end epproved by me this 15th day of April, 1974. ATTEST: ~ ~ ~ ~',~~2~~ SECRETARii ~7AHEIM CITY PLANNING COMMISSION //1.C-~~a~s~ ~; ~-~ CHAfRMAN ANAHEIM CITY PLANNING COMMISSION_~~ S'PATE OF CALIrOItNIA ) COUNTY OF ORANGE ) £s. CITY OF ANAHEIM ) 7, Patricia $ Sca[ilep,Secretary' of the City Pleaning Commission af the City of Anehelm, do hereby certify ihat r'~e fore- gofng cosolutlon aras pesaed c+nd adopted at a meeting of the Clty Plenning Commisaion of the City of pnehtlm, held on April 15, 19'4, at 2:00 o'clock P.M., by the iollowing vote a£ the members thereof: AYES: COMMISSIONERS: HERBST, JOFiNSON, KING, MORLEY, GAUER NOES: COMMISSIONERS: COMPTON, FARANO ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I heve hereunto set my hend, th'ia 15rh ~1ay of Apri9., 1974. f '~~~-~.~~ ~~~, / SECRETARY a1NAHEIM CITY PLANNING COMMISSION C2-D •t _~ RESOLUTION N0. PC74-75