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PC 77-84RESOLUTIOt~ NQ. PC77-84 A RESOLUTION OF TFfE ANAHEIM C17Y PLANtJING COMMISSION TtiAT PET1T10!~ FOR CONDITIOt~AL USE PERMIT N0. 1697 BE GR,~NTED N11tREA5, the Anaheim City Planning Commission did receivc a vcrified Peti[ion for Condi:tonal Us~ Pcrmft from LARRY R. At~D JUDITIi i. SIifTH, 130~1 Evans Circle, 4/estminster, California "y2GE3 {Owners) and CARL YOUNI;IN, g45 South Knott Strcet, Anahcim, California 92~~1~ (Agent) of certa(n real property situated in the Ci[y of Anahcim, County of Oranyc, State of California, descrit~ed as: THAT PORTION OF TI1E SOUTII[AS7 QUARTER Of T~IE SOUTIIEAST QUAR7ER OF SECTION 15, TOUt15HIP 4 SUUTII, RANGE 11 LlEST, IN THE RANCNO LOS LOYOTFS, AS SHON11 Ot~ A MAP RECORDED I~~ DOOK 51 PAGE 11 OF HISCELLANEOUS MAPS, I~~ THE OFFICE OF THE COUNZ'Y RECORDER OF SAID COUNTY. tiEGIIINIIJG AT TF!E SOUTHEAST COP,NtR OF SAID SECTIOt~; THENCE SOUTH 8go 36' WEST 248.02 FEE7; TfiENLE NORTH 53° 24' NEST ALONG TtiE PACIFIC CLELTRIC RAILROAD RIGt1T-OF-NAY 51.i.G2 FEET; TIIENCE ~~ORTH 0° 13' 1JEST 12.95 FEET; TIIENCE NORT11 89° 36' EAST 222,3 FEE7 TO TfiE It1TERSECTION WITf~ A LII~E PARALIEL WITH THE EAST LI~~E OF SAID SECTION ANU DISTAIlT WESTfHI.Y 443.00 FEET FROM SAID EaSTERLY LINE OF SAID SECTION, SAIJ INTERSECTION BEINC Tllc TRUE f'CINT OF BEGINNING; TNEI~CE PARALLEL WITN SAIU EASfi llry~, SOUT"i (?Q IS' 45" EAST 170.00 FEET; THENCE NpftTH 8$° Jl!•~ .`:~SY 240,~0 F~ET'y 7'HENCE PARALLEL I11TH SAID EAST LiiNE ~OU7H ~° 7~~' 45'~ Eti sT 16;-,74 FEET TO A LI~~E PARALLEL WITI~. ~;ND .D157Ah~7 :>j ~r~ g~EC•:r r+iOFTHEKLY Fr'OM ~HE LOURSE HEREIt~DEFOHE 9ESCR1~UcD A~S ~~''S0~`,"H 6'~° 3u'' NEF~fi 2~;8..^)1 ~EEi"''~ TN[IICE PAfil~LLEL 111~1~~+ SA'IU COU~SE. N04~TN ~~ 36' EAqST .zd.C~ ~rEEi 70 TNE NESTERLY ~It~E OF THE i,q~~€RLr i~'~j-00 F=~T 6Fr $/~~(~ SECTION; TNENCE ALONG S/11D V~STERLY (,1l~E~ i'lOHT~~ ~" ~5' ~15"' W~ST 163.J.L FEET TO A L I NE PAaALLEI ~a1 r~ ANO D I STA111 ~5^~!t ~IIY 1;~~, c~d F,c= T€ROM TNE EASTERLY PROLOHGA7~Q~+, OF THAT CE:nrai* ;,.OURStS DESC,~IbED ABOVE AS "tI~JRTH $g° 36' EAST___:G,3 FEET"; T,tILN(;E ~~,OIIG:ti.~Al;; P~flALLEL LINE NORTH 89° 3G' EAST 1j0,~U FEE7 T0 A ~I(HE PF,RA~!-EL NITN hND DISTANT WESTEP,LY ~3.00 FEET FROM S~IU EASTERL'Y 4SN~ Of ~.\~U SECTION; THE~~CE ALONG SAID LAST ~E:` `~IEIED ~AFiQ~IE~. LI';NE NOFiTH Q° 15' 45" NEST 170.00 FEET TO A LIt~E ~IIIicN BEA~S NO'ATI~ dy° 36' EAST AND WHICH PqSSES THROUGH THE TfiUE ~OINT ~F BEGINNING THENCE ALONG SAID LAST MENTIONEO LItaE, SOUTff b9° 3G' WEST 390.00 fEET TO TiIE TRUE POIt~T OF BEGINNING; and WHEREAS, the Clty Planniny Commissfon dld hold a public hearfng at thc City Hall I~ the L(ty of Anaheim on March 2f3, 1977, at 1:30 p.m., notice of said public hear(ng having been duly glven as required by law and in accordance with the provlsions of the Anaheim Municipal Code, Chapter 18,03, to hear and conslder evldence for and against said proposed conditlonal use and to fnvest(gate and make f(ndings ond recommendet(ons tn connectlon therewith; and RESOLUTION N0. PC77-84 NHEREAS, sald Commission, af[er due inspection, investigation and study made by ltself and in its behalf, and af[er due consideration of all evidence and reports offered a[ said hearing, does f(nd and determine the folla,ing facts: 1. That the proposed use is properly one for which a co~ditfonal use ~ermlt is author(zed by Anaheim Hunicipal Code Section 18,44.050.010, to Hit: expand an exls[ing restaurant with on-sale beer and wine, wi[h waiver ~f: SECTION 18.01.190 - Minfmum kitchcn area. (25$ of res[aurant oor area requlred; approxlmately i2$ proposed} 2. Tha[ the above-mentioned wafver is hereby gran[ed on the basis that the petitfoner stfpulated that thcre wiil be a maxlmum of elghty (8Q) total seats in the dlning area of the exfscfng and proposed restauranc and, sfnce porttons of the total floor area are designated for dancing and games only, [he percentage of floor space deslgnated by the peti[loner for ki[chen area is determined [o be appraprfate for the proposed expanslon. 3. That [he peti[ic~ner indica[ed the portions of the floor area deslgnated for dancing and yames would be closed off during the daytime, to be opened for use only after 7:00 p.m. 4. That the proposed use, as granted, will no[ adversely affect [he adJoining land uses and the growth and developme~[ of the area In whtch it ts proposed to be located, 5. That the size an~ sfiape of the si[e proposed for the use is adequa[e to alla,~ the full development of the proposed use, as granted, in a manncr not detrlmental to the particular arca nor to thc peace, health, safety, and general welfare of thc CI[Izens of ttie Ctty of Anaheim. 6. That the Condi[lonal Use Permft, as gran[ed, under the condittons Imposcd wiil not be detrimental to thc pcace, health, safety and general wtifare of the Cttizens of the Clty of Anahefm. 7. That~ althouyh no one was presen[ at the public hearing in oppositfon, one person was present earller in [he meeting and icfc a Ils[ of obJccttons to the proposai for consideratlon; and tho[ no correspondenr_c was received ln opposftlan to [he subjcct petition. EIIVIROt~MENTAL IHPACT FINDING: That thc Dfrec[or of the Plenning Department has determ ne t a[ [ e propose act vity falls wi[hln the definitlon of Sectton Eno(ronmental ilmpact CReporttYandf rsnehthereforee11categorlcallyRcexempt~nfrom~rthe rcqu(rement to file an EIR. N01J, THEREFORE, BE IT RESOLVEU that thc Anahefm City Planning Comnisston does hereby grant subject Petftlon for Conditlonal Use Perm(t, upon the following condit(ons which are hereby found to be a necessary prerequisite to the proposed use of the subJecc property In ordcr to prescrve the safety and general welfere of the Citizr_ns of the Clcy of Anahcim: '2' RESOLUTION f~0. PC77-84 1. In the event that subject property Is to bc divfded for the purpose of sale, lease or flnancing~ a parcel map~ to record the approved division of subject property, stiall be submitted to and approved by the Ctty of Anah~im and then bc recorded in the Office of the Grange County Recorder. 7his condition shall be complled with prior to the commencement of the activity authorized under ihis resolutlon, o~ prior to the time that the butiding permit is issued, or within a period of one year from date fiereof, whichever occurs f(rst, or such further time as the Pla~ning Commissin and/or Clty Councll may 9ran2. 2. That subJect proper[y shall be developed preci~;ely in at~~rdance with plar,s and speciflcatlons on file with the City of Anahelm markeJ Exhlblt Nos. 1 and 2~ as changed by the peti[ioner, specifying a maximum of eiyhty (80) seats in the existtng and proposed restaurant. T11E FOREGOING RESOLU710N Is signed and approved by me this 28th day of March, 1977• ~~~~ ~~ f AIRF1A11 PRO EMPORE ANlU1EIM CITY PLANNING COMMISSIQN ATTEST: SE RETAR , ANAHEIM , Y ANNIIIG OMM! ION STATE OF CALIFORNIA ) COUNTY OF ORAt~GE ) ss. CITY OF ANAHEIM ) I, Patricla Ei. Scanlan, Secretary of thc Anaheim City Planning Commisslon~ do hereby certify tha[ the foregoiny resolution wes passed ancf adopted at a meeting of the Anahelm City Planniny Commlssfon held on March 26, 19'J7, at 1:30 p.m., by ;he following vote of the members [hereof: AYES: COMr.IS510~1ER5: BARNES, DAVID, HERaST, KI~IG, MORLEY, 70LAR NOES: COMMISSIONERS: NONE ABSE~~T: C6MMISSIOIIERS: JOHNSON ~977. IN uiTNESS uIiEREOf, I have hereunto set my hand this 28th day of Harch, ~~~/~'• ~ ~ tl 1 MM N -3- RESOLUTION N0. PC77-a4