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PC 74-76. ~ ^ RL•SOLUtION N0. PC74-76 ~ A RESOLUTION OF THE CITY PLANNING COMMISSION ~1466E CITY OF ANAHEiM THAT PETITION FOR CONDIT[ONAL USE PERMIT BE DENIED WHEREAS, the Ci:~iL~nn~intg R~ WHITLA,f15011Ea~t La~ Palma Avenue, VAnfaheim,1LCalifornia ditional Use Permit fcom 92805, Owner, of certain real property situated in the City of.Anahe3m, County of Orange, State c,f. California, descr3.bed as follows: The South 222 feet of the West one-half of Ehe Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Secr.ion 2, Township 4 South, Range 10 41eat, in the Rancho San Juan Cajon de Santa Ana, as shov~n on a Map recorded in Sook 51, page 10 of Miscellaneous Maps, records of Orange County, California. EXCEPT therefrom the interest in the West 10 feet thereo~ conveyed to the City of Anaheim by deeds recorded July 19, 1954 in Book 2772, pagea 582 and 603 of Official Records of said Orenge County. ; end WHEREAS, the City Plenning Commission did hold a public heering et the City Hall in the City of .°neheim on April 15, 1974, at 2:00 o'clack P.M., notice of seiZ public hearing heving been duly given es required by law and in accordence with the provisions of the Aneheim Municipel code, Chapter 18.64, to hear and consider evidence for end egeinst seid proposed conditiunel use and to investigate and moke findings and cecommendetions in connection therewith; and WHEREAS, said Commission, efter due inspection, investigation, and study mede by itself and in its be- halE, and aEter due considecation of all evldence and reports ofEered et seid hearing, does find ond determine the following fects: 1. Thet the proposed use is properly one for which e Conditional Use Permit is authorized by Code Section 18.40.060(g), to wit: to permit on-sale beer and wine in a pr.oposed restaurant. 2. That the proposed use would be in close proximity to I,hree achools and two churches and for this reason wouid set an undesirable precedent at the subject location; furCher, that a large numher of children 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 appltcati~n in che subject Area. 4. That an off-sale liquor et+tablishm~ent pr~sently exists in the subject area. 5. That the proposed use will adveraely affect the adjoining land uses and the growth and development of the area in which is is proposed to be l~cated. fi. ThaC 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 detrimental to the particular erea nor to the peace, health, safety, and general welfare af ttie Cftizena of th~ Gity of Anaheim.'' 7. That the granting of the Conditional Use Permit would be detrimental to the peace, health, sefety, and general welfere of the Citizens of the City of Anaheim. 8. That a petikion was filed containing approximately 1,050 sigia.tures, and ene pereon appeared representing approximat~ely eight persons present at said public hearing, all being in oppoaition to subject petiition. ENVIRONMENTAL IMPACT ~ZEPORT FIIIDING: That the Director of Development Service~s hes determined that the propused activity falls witltiin the definition of Section 3.01, Class 1 of the City of Anaheim Guidelines for the Requir~ments for an Environmental Impact Report and is, therefore, categorically exempt from the requirements to file an EIR. CI-D -1- RESOLUTION N0. PC74-76 ~ '~ , ~ NOW, TIiEREFORE, BE IT RESOLVED that the Maheim Ciry Planning Commission doea hpre6y deny sub)ect Petition foc CondiUonel Uae Permit on the besis of the afotementtoned findings. ' THE FOREGOING RESOLUTION is signed end approved by me this 15th day of April, 1974. .~~~ -.~,.~ ~.~,~.~~ ~ CHAIRMAN ANAHEIM CIT~t PLANNING COMMISSION ATTEST: /~ . • ~ ~G?.~C..eQ',.st~ , SECRETARY ANAHEIM CITY $LANNING COMMISSIOH STATE OF CkLIFORNIA ) ' COUNTY OF ORANGE ) 93• , CITY OF. ANAHEIM • ) I, Pats_iCia~~ti~-~6eccetary' of the City Pleaning Commiesloa of thc City of Mahe:m, do hereby ccrtify thet the fore- going resolution was pessed end edopted et a meefing of the City Planning Commissi~m of the City of Anaheim, held on April 15, 1974, et 2:00 o'clock P.M., by the following vot~ of Uie mewben~ thereof: AYES: COMMISSIONERS: HERBST, JOHN50N, KING, MORLEY, GAUER , NOES: COMMIS~IONERS: COMPTON, FARANO ABSENT: COMMISSIONERS: NONE IN WYTNESS WHEREOF, I hevc hereunto set rtry hend thia 15th day of t+;+'' 7-' `: i4. , .~ " ~ ~L~~-- I SECRETARY ANAHEIM C?TX PLANNING CO~"MISSION C2-D • -~ RESOLUTION N0. PC74-76