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PC 75-102,,• ~ ~ RESOLUTION N0. PC75-102 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THA7 PETITION FOR CONDITIONAL USE PERMIT N0. 1535 BE GRAhTEO. WHEREAS, the City Planning Commission of the City of Anaheim did receive a verified Petition for Conditional Use Permit from ROBERT L. CLARK, 810 Glenwood 'ferrace, FullerYOn, California 92632 (Owner); LEONIDE M. LEDUC, 1007 North Laguna Street, Anaheim, California 92801 (Agent) of certain real properCy sit~~ated in the City of Anaheim, County of Orange, State of California, described as: The West 317 feet of the South 283 feet of the 5outhwest quarter of the South- west quarter of the Southwest quarter of Section 5, Township 4 South, Range 10 West, San Bernardino Base and Meridian. Excepting therefrom that portion deeded to the State of Caiifornia by Deed recorded March 6, 1974 in Book 11088 page 1871 of Official Records; and WHEREAS, the tiity Planning Commission did hald a public hearing at the City liall in the City ~f Anaheim on May 12, 1975, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, inve~tigation and study made by itself and in its behalf, and aicer due consideration of all evide~ce and reports offered dt said hearing, does find and c~=~armine the foilowing facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Code Section 18.44.050.010, to wit: permit on-sale liquor in conjunction with an existing restaurant, with waivers of: (a) SECTION 18.01.190 - Minimum kitchen area. (25% of gross floor area required; ~ existing) (b) SECTION 18.44.064.010 - Minimum front landscapinq. ( feet required; 0 feet existing) 2. That Waiver 1-a, above-mentioned, is hereby granted on the basis that the petitioner submitted revised plans indicating 17°/, of the gross floor area is desig- nated for kitchen use and, therefore, the requesC is determined to be minimal. 3. That Waiver 1-b, above-mentioned, is hereby granted on the basis that since dedication for street widening purposes was previously made, thereby reducing Yhe si~e of subject property and eliminating the landscaped setbacks, a hardship would be created if said waiver were not granted. 4. That the Planning Commission determined that, since the use is primarily a cocktail lounge and it would be impractical to install a scree~ing wall between the bar area and the seating area, no persons under 18 years of age shall be admitted to the establishment and appropriate signing shall be utilized to assure this provision. ~ 5. That the proposed use will not adversely affect the adjoining land uses and the growth and developme~t of the area in which it is proposed to be located. 6, That the size and shape of the site proposed for the use is adequate to allow the full development of tha proposed use in a manrer not detrimental to the partic~lar area nor to the peace, Fealth, safety, and general welfare of the Citizens of the City of Anaheim. %. That the granting of the Conditionel Use Permit under the conditions imposed, if any, will not .be detrimental to the peace, health, safety, and general welfare of the Citizens or the City of Ananeim. 8. That no one indicated their presence at said public hearing in opposition, and no correspondence was received in opposition to subjec*_ petition. R~SOLUTION N0. PC75-102 : ='= ~ ~ ENVIRONMENTAL IMPACT REPORT fINDING: That the Director of the Development Services Department has determined that the proposed activity falls within the definition of Section 3.~>> Class l, of the City of A~aheim Guidelines to the Requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. NOW, THEkEFORE, ~E IT RESOLVED that the Anaheim City Plannin9 Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions ~unich are hereby found to be a necessary prerequisite to the proposed us= of the cubject property in order to preserve the safety and general weifare of the Citizens of the City of Anaheim: 1. That subject property shall be developed substantially in accordance with plans and specificati~ns on file with the City of Anaheim marked Exhiuit Nos. 1 and 2 (Revision No. 1). 2, That no one under 18 years of age shall be zdmitted to the subject establish- ment. THE FOREGOING RESOLUTION is signed and approved by me this 12th day of May, 1975. . ~ ~-CHA MAN, ANA CITY P NNING COMMISSION ATTEST: ~ - ~ ,~ ~~ SECREiARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHE:M ) I, Patricia B. Scanlan, Secretary of the City Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the City Planning Comrnission of the City of Anaheim held on May 12, 1975, at 1:30 p.m., by the following vote o1' the members thereof: AYES: COMMISSIONERS: FARANO, GAUER, JOHNSON, KING, MORLEY, TOLAR, HERBST NOES: C4MMISSIONERS: NONE ABSENi: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of May, 1975. ~ ' ~ ,~~~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION _~_ RESOLUTION N0. PC75-102