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PC 80-84~~Y RESOLUTIO~; 1~0. PCB~-~~~ A RESOLUT IOII OF THE A'IAHE I M C I?Y PLP,PJ~11'~~ C7~t'11 SS I ~>I THAT PETITIOtI FOP. CONDITIO`Il;L USE PER~11T t10. 2^~'1 P.E ~R!1NTE~ 'diiEREAS, the Anaheim Ci;y Planrina Cor^ission did receive a verified Petition for Conditional Use Permit from ROP,EP.T 0. GUYOT A'tD PCJ1L K~UPI, ET AL, 35~~ Orangethorpe Avenue, Anaheim, California, °,2~~17, ormers. and MAY SI~E SNELTON, 19643 Monteano Lane, Yorba Linda, California 92GF~, a9ent, of certain real oroperty situated in the City of Anaheim, County of Oranqe, State of California, descrtbed as: That portion of the Westerly 77.2 acres or Lot i, BiocG: K, Y.rae:rer Tract, as shown on a Map recorded in Book 12, ~aaes °7 and P~, Miscellaneous Records, of the County of Los Angeles, lying Southerly of the centerline of [he land describ~d in Deed to the State of California recorded Harch 11, 1°37 in Bool: °72~ oaae 3~^ of Official Records. Except that portion lyino Southerly of the Northerly line of the land described in thc Deed to che Santa fe Land lm~rovem~nt Comnany, recorded March 1!. 1~1~ in 9ook 177. page 263 of Deeds of said County. IJHEREAS~ the City Planninq Lom;~isston dic! hold a ouhlic hearina at the City Hail in the City of Anaheim on May 1~, I~?~, at i:3n o.n., no[icc of said publTc hearing haviny been duly giv~n as requir~d hy law an~i in accordance with the provisions of the Anaheim Hunicipal Code, Chanier i°.^;, to hear and consider evidence for and against said proposed conditional use permit anri t~ inv~stiqate and make findings and recommendations in c~nnec:ton thereriith; and kNEREAS, said Commission~ after oue inspection, inv•~sli~~atiun anu sCuuy rodc by itself and in its behalf, and after due c~nsideration of all evidence and reports offered at said hearing, does find and dPtcrr~ine the f~lloa:in~ facts: 1. That the proposed use is ~raperly one for which a conditional use permit is authorized by Anahelm Municipal Code Section 1?.~~4.n5n,n~n to wit: to permit on-sale beer and wine in a proposed ~estaurani with a waTver of: SECTIOH 1~3.Q6.060.0231 - Minimum numher of parklnq soaces. (173 spaces required; 175 spaces existinq) 2. That the abovc-menttoned waiver Is herety granted on the basis that [he reques[ is minlmal. amountln9 to a deviance of less than two percent (27,) of the required numher of parking S!17CA5~ and on the fiaais of thr unusual shaoc of subi-ct property. 4. That the proposed usr_ a,ill not adverselv aFfec[ thc adjolnln~ land uses and the growth and development of the areo in whtch it is nropcse~' to he locaLed, 5. Thai the size an~ sha~,e of the site pr~nosed f~r thn usc is .~deau~te to allow t`~e full development of thc propased use in a manner not detrlmpntil to ihe PC3~-E~~ partieular arPa nor to the peace, health, safety, and general !~~elfar~ of the Citizens of ttie City o` Anahei~, ~. That :he 9ranting of the Conditional Use Pe;mit under the conditfons inposed, if any, ~vill not he detrirnen[al to the peace, he~ith, safety and general ~aelfare of thc Litizens of the City of An~hein, 7. That thc traffic generated by th~ pronosed usc tirill not ~~pose an undue burden upon the streets and higtio-~ays designed and improved to carry t~.~ traffic in the area. 9. That no one indieated their presence at said publtc heartng in opposition; and that no correspo~dence ~•~as recr_ivr_d in ooposition to the subject petttion. E!:VIRONME~JTAL IMPACT FI~IDING: The Plannina Director or his authorized representativc has determined Chat the oroposed eroject falls wtthin the definition of Categorica) Exemptions~ Ciass 1, as defined ~n Paragraph 7. of the City of Anaheim E~vironnental Impact Report Gui~lelines an~i is~ therefore, categorical!y exempt from [he requlrement to prepar~ an EIR. N~U. THEREF~RE, BE IT °[SOLVED that the Anaheim City Planninn Comnission dees herehy grant su!-jcc: Petitl;,,-, .`or Ccn~itional Use FeemiE, upon t`~e foiiowing conditions which are hereby found t~ be a necr_ssary prerequisite to the proposed use of the subject p~opcrcy in order to preservP the safety and general welfare of the Citizens of the City of Anaheim: 1. ThaL the proposed restau-ant shall comply with all signing requirements of thr_ CL (Commercial, Limited) Zonc. 2. Tha[ subjecc oropercy sha!1 he developed suhstantially in accordance with plans and specifications on fi1P with thn Citv c,f An~heim m~rLna FyF,JhT~ ~~~5, 1 and 2. BE IT FURiHER RESOLVED that the Anahcim City Planning Cpmmission does hereby find and determtne that adoption of ihis Resol~tton is exprPSSly predicated upon applicant's compliance ~+ith each and all of the conditions hereinahove set forth. Should any such conditton, or anv part thereof, be declared invalid or unenforce•ihle by the final Judgment of any cour[ of competent jurisdictior :',rn th~~, P,eco;ution. and any aDp~ovals heretn contained. shall be decmed null and v~,i~. THE FOREGOINf, RESOLUTI0~1 is signed and aporoved by me this 19th day of May, 1430. ATTEST: ~--L~ ~ ~~.~ CHA I RIJOMA~I ~ A~tAHE I ~t C I TY PLA~~N I N~ COMM I 55 I ON ~~-~C ~ ~y~.ai SECREfARV~ V~HEIM CITY LA~INI~Ir, CoyyIS510•! -7- PC80-Oli STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF AtdAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution a~as passed and adooted at a meeting of the Anaheim City Planning Commission held on May lQ, 1980, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BUSHORE, DAVIU, FRY, HERBST, KIPJG, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITPJESS WHEREOF, I have hereunto set my hand this 19th day of May, 19a0. ~ `~~ ~° i~~ SECRETARY, API,~HEIP1 CITY PLAMNING COMMISSION -3- PC~o-84