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PC 79-26RESOLUTION N0. PC7°-26 A RESOLUTION OF THE ANAHEIM CITY PLAHNING COHMISSION THAT PETlTION FOR CONDITIONAL U5E PERMiT N0. 1937 E3E GRAtITED WNEREAS, the Anaheim City Planning Caranission did receive a verlfted PetitTon for Cond(ttonal Use Permt~ frcxn VICTOR J, APID SYLVIA 5. VIDkI. i117F Brent Lane, La Habra, California ~0631, owner, and GARY L. Pt1CY,ETT~ 1648 Sherwood Village C(rcle, Placentia, Californfa ?2670, agent of certaln real property situatcd in the City of Anaheim, County of ~range, Sta[e of Californla, described as: That portion of Blocks "F" and "K" of the Kraemer Tract, as shown on a map recorded in 6ook 12, Pages 67 and 38 of Miscellaneous Maps, records of Los Angeles County, Lalifornia as described as follows: Beginning at a bo~t marL;ing the tntersection of the centerline of Crowthcr Avenue as laid out by the Orange County, with the centeriine of Orangethorpe Avenue as established by the California State Nighway Divislon thence; from satd Bolt North 87 degrees 15' 40" West 942.7~ feet along sald curve centerline of CroWther Avenue; thence South 2 degrees OA' 2~" West 326.50 feet to a potn[ In the satd ccnterilnc of Orangeihorpe Avenue; thence I~orth 73 degrees 34' 20" East ~44.34 feet to the point of beginning. EXCEPTING TNEREFROM thac por[ton included in Blocl: "K". Also excepctng therefrom che folla+ing: All that portton of sald land lying 1lesterly of the followtng described line: Beglnning at a point ln the centcrline oi Orangethorpe Avenue safd poin[ betng discant South 73 degrees 33' ZZ" West 510.53 feet fran the centeriine intersection of Orangethorpe Avenue and Miller Street as shown on a map recorded In Book 16, Page 36. Record of Surveys of sald Orange County; [hence 2 degrees 17' 21" East 183.25 fret thence Norih 17 degrces 4;' ~+3" £ast 1t~.30 fcei to a potnt on [he centerifne of Placentia Yorba Boulevard~ formerly Crowther Avenue, said potnt being distant South 87 degrees 17' 28" East 113.19 feet from the Northwesterly corncr of the land descrtbed in sald deed to the Anahelm Union Vater Company and sho~m on said map racorded i~ Book 16. Page 36. Record of Surveys of said Oranoe County. IJFiEREAS, the City Plan~ing Commiss(on did hold a oublic hearing at the City Hall Tn the Lity of Anahelm on January 29, 1979~ at 1:30 p,m,~ notice of safd publlc heartng having been duly gtven as required by laN and in accordance wtth the provtslons of the AnaheTm Municipal Code, Chapter 18.03, to hear and consider evidence for and agatnst said proposed conditlanal use and to investigate and make fTndings and recommenda[lons in connectlon therewith; and Pt74-2b WHEREAS, sald Commtssion~ after due Inspection, Investigation and study made by Itself and in tts behalf~ and after due conslderation of all evidence and reports offered a: sald hearing. does flnd and determine the following facts: 1. That the proposed use is properly one for which a conditlonal use permit is authorized by Anahelm Municipal Lode Section 18.4ti,05~.010 to wic: to permit on-sale beer and wtne In a proposed restaurant. 2. That the proposed use Nill not adversely affecc the adJolning land uses and the groHth and development of [he area in which it is proposed to be located. 3. That [he size and shape of thc site proposed for the use is adeq~ate to allow the full devetopment of the proposed use tn a manner not detrimental to the parttcutar area nor to the peace, heaith, safety. and general rielfare of the Citizens of the City of Anaheim, 4. That the gran[ing of the Londitional Use Permit under the conditions imposed, if any, wlll not be detrimental to the peace, health, safety an:i general welfare of the Cttizens of the City of Anaheim, 5. That no one (ndicated their presence at sald publ(c hearing In opposition; and [hat no correspondence was received in oppositlon to the subJect petition. ENVIRONMENTAL IyPALT FINDINC~: The Plannfng Directo~ or his authorized representat ve has detcrm ned that the proposed proJect falls wlthln the deflnition of Categorica) Exemptions, Ciass 1. as defined in Paragraph 2 of the Lity of Anahelm Environmental Impact Report GuidelTnes and is. therefore. categorlcally exempt from the requirement to orepare an EIR. NOW, THEREFOaE. BE I7 RESOLVED that the Anahelm City Planning CommTsslon does hereby grant subject Petitlon for Condltlonal Use Permit. upon the folioriing condltions whith are hereby found to De a necessary prerequislte to the ~roposed use of the subJect property in order to preserve the safe[y and general weIfare of the Ci[izens of the City of Anahetm: 1. That the proposed business sha11 canply with all sig~ing requirements of the CL(SC) (Commercial~ limited - Scenic Corridor Overlay) Zone. 2. That subject property shatl be developed substantially In accordance wtth the plans and specificatlons on flle with the City of Mahelm marked Exhfblt Nos. i Lhrough 3, BE IT FURTHER RESOLVED that the Anahelm Ctty PlannTng Commlsston does hereby find and determine that adoptlon of thts Resolution is expressly predTcated upon app)icant's compliance wtth each and all of the conditlons herelnabove se[ forth. Should any such condltlon~ or any part thereof, be declared TnvalTd or unenforceable -2- PC79-26 by the finai Judgment of any cou~t of conPetent Jurisdictlon, then this Resolutlon, and any approvals hereln contalned, shall be deelned nu11 and votd. THE FOREGOING RESOLUTION is stgned a~d approved by me this 29th day of January, 1979. iRM N. NA M CI LANNtNG COMMISSION ATTEST: ~~c~. .~ 7~.~,:.. SEGRETARY, ANAHEIM CITY LANNING COMMISSION STATE Of CALIFORNIA ) COUMTY OF ORANGE ) ss. CIT`t OF ANAHEIH ) I, Edith L. Harris~ Secretary of the Anaheim tity Planning Commission. do hereby certify that the foregoing resolution was passed and adoptat 1C30 pmmeL'by the the Anahelm City P1anning Commission held on January 79. 1979~ following vote of the members thereof: AYES: COMy15510NERS: BARNES. BUSNORE, HERBST. JOIINSON, KIN;. TOLAR NOES: COMMISSIONERS: NOI7E ABSENT: COMMISSIONERS: DAVID ~N WITNE55 1rHEREOF, I have hereunto set my hand this 2Qth day of January. 197°. ! ,/~ .~_ I" e.tti ~ ~ ~ECRETAi: . AY.ATtEI!! tlTY PLA-INI-+r C~KISSIflN t -3- PC79-26