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PC 77-231R[SOLUTICt~ N0. PC77-231 A R[SOLUTIOt~ 0F Tti[ ANAfi[IM LITY PLAt:NIFlG C011h1lSSIOP; THAT ~ETITION FOR COt~DIT10iJAL USE PERMIT I~O. 1752 BE DE~Ii[D WHEREAS, the Anahein City Planniny Lommission did receive a verified Petition for Conditional Usc Permit from tiERRICK AtlD JANICE 4/, tiANSOtI, 13~~; North Grand Avenue, Suite 6A, 5anta Ana, California 52701, avnee•s, and JOHt! D. AIIDERSON, 231i7 Blackfoot, PlacenLia, California 92G70, agent, of certain real property situated in thc City of Anaheim, County of Orange, State of California, described as: Lot 1'30 of T;act No. ~;181, as shc~~rr on a Map recorded in book 156, pages 21, 22 and 2} of Miscellaneous ~taps, records of Orange Counly, California; and WHER[AS, the City Plannirg Lomni,siun did hold a public hearing a[ the City Hall in the City of Anahcim on Octobcr 26, 1977, a[ i:3n p,m., noticc of said public fiearing having been cJuly yiven as required by la~+~ and in accordance with tfie provisions of the Anahcim 1lunicipal Code, Chapter 123.03, to hear and consider evidence for and against said proposeti conditional use and to investigate and make findings and recoimnendatiuns in connection thcrewith; and WtiEREAS, said Cor~mission, aftcr due inspectior, investiyation and study made by itself and in i[s behalf, and after duc consideration of all evidenc~ and reports offered a[ said liearing, cloes fin~ ancl determine the follot.ring facts: 1. That tlie proposed use is properly one `or which a concfitional use permit is authorized 6y Anaheim Municipal Code Section iC,13~~.050.010, to wit: to perm(t on-sale beer and wine in a proposed resCaurant. 2. That the proposed use is hcreby denied on the basis that, although the use was advertised as a proposed restaurant wi[h on-sale beer and wine, staCements made by the petitioner at the public heariny indicated the serving of ineals would actually consist of sandviiches only, wiCh a ju{:ebox, and tha: there would possibly be a pool table; and, th~reforc, thc proposal was not a restaurant as typieaily interpreted, but a sanctwicii sl~op with on-sale beer and wine. 3, That the proposed use will adversely affect the adjoining land uses and the growth and development of [lic area in wiiicfi i[ is proposed to be located. 4. That thc sizc and shape of thc site proposed for the use is not adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, healtfi, safety, and yeneral welfare of the Citizens of the City of Rnalicim. 5. That the grantiny of the Gonditional Use Permit will bc detrimental to thc peace, health, safety and general welfare of the Citizens of thc City of Anaheim. • 6. That no one indic~ted their presence at said public hearing in opposition; and that no corresponJence was received in opposicion to the subject petition. PC77-231 EI~VIRON11E17TAL iMPAf.T FItJDING: That the Dir~ctor of the Planning Department has determined that tiie proposed activiiy falis within ehe definition of Section 3.01, C1ass 1, of thr Cfty of Anaheim Guidelines ta the Requircme~~ts for an Environmental Impact Report and is, therefore, cateyoricaily exempt from Che requirement to file an EIR. ~JOW, THER[FORE, BE 17 RESOLVED tha[ the Anatieim City Planning Commission does hereby deny subject Petition for Conditional i~se Permit on the ba5is of the aforementioned findings. TliE FOREGOItJG RESOLUTi011 is signed a~J approved by mc tl~is; 26th day of October, 1977. CI! h.N PP,O ORE A;~A}IE I11 C I TY Pi.AIiN I Il G COMIi I 55 I ON ATTEST: ~~ ~~ SECRETARY, AlIAHEIM CITY PLAtJNItlG COI~NIS510!I STATE OF CALIfORh:iA ) COUtlTY OF URANGE ) ss. CITY OF Ail/1ifElt? ) i, Editti L. Harris, Secre[ary of ttie Anaheiri City Planning Cor~nission, do hercby certify that thc foregoing resolution was passed and adopted at a meeting of thc Anahcim City Plannin~ Comrnission hclJ on Octobcr 2G, 1~77, at 1:3`~ p.n., 6y the followiny vo[e of the members Zhereuf: AYES: COHMISS101lERS: (i~1RtlES, HERuST, Y.ING, Lltlt! IJQES: COti11iSS10~1[R5: DAVID A65[11T: CONHISSIUIIERS: J0111150t~, T~LAR IIJ WITUES~ WHEREOF, 1 have hereunto se[ r,ry liand this 2fith day of October, 1977. ~ ~ ~ECft~~fRn, NAiI~H C ~ L NIIIIIG '~NV1 SS W -2- PC77-231