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PC 81-177R[SOLU710~1 NC. PC~1-i ~ RESOLUTI01•! OF TIIE AN/1NE1'1 CITY PLAMIIIPl~ C0~1t;lSSION THAT PETITIO!1 ~OP, CO~JDITIO~lAL !15E PER!1!T N0, 2251 BE GRANTEn WHEREAS, the Analieim City Plannin~ Petition for CondiCional Use Permit from FDDIE Stanton, Czlifornia y06o^, o~mer, and IR!~A F2rooF:hurst Street, Anaheir, California 92:".•04, situated in the ,:ity of Anaheim, County of Orang Commission did receive a veritiad R. FiSCHFR, ~(~1~ Central Avenue, H6IHSHIE AWn JOHId KORT, 655 South agents of certain real property e, Stat~ of Calffnrnia, described as: That portio~ of the Northurest ~~uarter of the ~Jortn~•~est quarter of the South~•rest quarter ef Ser,tion 17, To~•mship 4 South, Range 1~ blest, in the Rancha Los Coyotes, in the City of Anaheim, County of Orange, ~tate of California, as sho~-m on map recorded in Bool< 51 Page 10 of Miscellaneous riaps, records o` said county, described as folloo-~s: Beginning at a point in the l•le~t line of t!ie tlortht~est quarter of the PJorth~~~est quarter rf the South~•iest quartar of said Section 17, distant Scuth 'l° ~+Q' ~6" 41est thereon, j35.~~ feet fron the tdorthwest corner thereof, thence North 8~ 53' jl" East 386.21 feet to the 6Jest line of Tract tio. Z79F, as shoo-m nn map recnrded in 9001; 83 °aaes ;' a~id 3!, o` 'tiscei laneous Maps, reeords of sa'd Co~nty; cnence South ~~ 3~' ~~" b!est along said West line 325.5L feet to the North line of Tract Flo. 2~;7, as sho~yn on map recorded in Bool: 75 Pages 3$ and ~9 of Miscellaneous Maps, records of said county; thence South 9°O 55' S1" ldest along said hlorth line and the 4Jesterly prolongation thereo~, 330.6~ feet to the West i ine of the Plorth~:~est quarter of the PJort!~a~est quarter of the Soutliwest quarter of said Section 17; thence ~~orth ~° 4~' QG" F_ast 325,3~ feet to the point of beginning. 41NEktHS, tiie City Pianning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 24, 1981, at 1:3~ p.m., notice of said public hearing haviny been duly given as required by lao-~ and i~ accordance 4iith the provisions of the Anaheim Municipal Code, Chapter 1~.~3, to hear and consider evidence for and against said proposed conditional use permit and to invPStiqate a~d maF:e findings and recommendations in connection therewith; a~d WNEREAS, said Commisslon, after due :ospection, invest+qation and study made by itself and in its behalf, and after due consideration of all evidPnce and reports offered at said hearing, does find and determine the follo~vira facts: 1. That the proposed use is properly one for t~~hic'~ a ~onditional use pernit is author`;zed by Anaheim hlunicipal Code Section 13.4~+,f1,'?,~1Q to ~~~it: to permit on-sale heer and ~•~ine in an existing restaurant. ~ 2. That the proposed use ~•iiil not adversely affect the adjoinin~ land uses and t'ze gro~~~th and development of the area in ~,~hich it is pronosed to be located. 3. That the size and shape of the site prn~oseJ for the use is adequate to allo~-r the fu11 de~~elopment of tiie ~ropo~ed use in a manner not detrimental *o the part~cular area nor tn the peace, ~ealth, safety, and general aielrare of the Citizens of the City of Anaheim, PCII1-177 4. -nat the gran[in~ of the ConJitional Jse Permit undcr th.r. conditions imposed, if an~, ~.~i~~ not be deCrim~ntal to the peace, hcalt'i, safety and c~eneral ~~~e 1 fare of thc = i t i zens of [he C i ty of /lnahe im, ~• ~i~t tne Craffic generated hy the prnposed use ~,iill not ir~posr an undu~ burden upon the streets and high~~avs desinr,ed and improvod to carrv the traffic in t hr_ a rea . ~'' T'~t ~o on~ indicatrd their presenc, at said public hearSng in opposition: and that no correspondence!~ias recr_ivc•d in opnosition to T.hc subject Petltion. Ep1VIP,~M`1FfJTAL INP~CT FIPlDI'JS; The Planniny Director or his authorized representative has determined that the proposed project falis ~rithin the definition of Categorlcal Exemptions, Cl~ss 1, as ~J~fined in t!~e State EIP, f;uidelines and is, therefore, cateycrically excmnt fror; the reyuirerent to ~repare an EIR, PJ0~:1, TF:=,n,EFORE, E3E IT P,CSOLVED that the Anaheim City Planning Commission does hereby grant subjecC Petition for Conditional Use Permit u on conditions a~hich arP hereby found to be a necessary prereouisite tn theF~ f~~~~win~ of the subject pr-.nerty in order to preserve the safet and P~oposed use Citizens of the C~ry op q~a~~ein; Y 9eneral a~elfare of the ~. Tha; the oimer(s) of s~~,ject nr~oerty shail suhmit a letter requesting the ter:nination or Uariarice ~lo. 15$3 t~ the Planning Department. 2. That subject nroperty sha11 be developed ,uhstant,'ally in accordance tyith plans and specifications on file ~,;itn the City uf Anahe~rn marl;ed Exhibit Mos. 1 and 2. 3. That Condition hlo, 1, ~bove-mentiont~d, S~i>>~ ~,~ _,,._, the cnmmencAm~.nr ~f «4 , _ ~~~~~i~y ~uthori-r_ed under this r~T .,"' ;~~ii~ Nrior to time that the b~ildin ~~solution, or nriar to the nereof, whichever occurs9first,~~or'suchsfurr_her time'as7th~~p~anninoneCommission dmay yrant. 1~• ii~at Conditicn No, 2~ ybove-m~ntioned, shall be cemplied r~ith prtor to flnal building and zoninq inspections. BE IT FURTHER RESOLVED that the An~heim City P13nninq Commission does herebv find and determine that the adoption of this Resolution is ex~ressly predicat<~d upon applicant's cnmpliance ~•~ith each and all of the conditians hereinahove sF:t forth. Should any condition or any part thereof, be declared invalid or unenforceahle by the final judgment o` any court of conpetent ?urisdiction, then this Resolutieri, and any approvals herein contained, sha~l he deemed rull and vnid, THF FOREG~ING ^ESOLU710•! is sinned and ap~roved by me t~iis 7~;t5 day of August, 1,31, _ ~ ~ ~ ~~ ; -f/~i'L',~1~' ~/.~~'~/,~-~ ~n+.IRMAP! PRO TE~iFORE ~ ~- ATTFST: , ~~~AH~ IM C i TY PL/~~lN I?IG COM~cf}5S 10"J ~1I ~ ~// SECRETARY, ANA;IEI~Jy4~NN'N~~~SSIOr -,_ J ` , PC8+-i77 SiATE OF CALIFORNIA ) COUFlTY OF OkAWGE ) ss. CITY OF ANAHEIFI ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby cer~ify that the `oregoing resolutior,v:as passed and adopted at a meeting of the Anaheim City Planniny Commission held on August 24, 1~131, at 1:3~ p.m,, by the follo~~~ing vote of the memhers thereof: AYES: COMMISSIOrdERS: BARNES, BOUAS, FRY, HEP,[~ST, KI~I; NOES: COMMISSIOt1FRS: NOrJE ABSENT: COM`11SS 10"lEP,S: BUSHORE, TOLAR IN WITNESS WHEREQF, I have hereuntc set my hand this 2~tth day of August, 19~1. ~. ~t „~ ~';.~,~ ' SECRETARY, ANAfIEIM CITY PLA~J~`!I~`!G COMMISSIOPi -3- PC8t-177