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PC 81-188RESOLUTION NO. PC81 -188 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2253 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from PULLIAM PROPERTIES, INC., 1517 North. Fairview, Santa Ana, California 92706, owner, and WAYNE L. PETERSON, P. 0. Box 1122, Yorba Linda, California 92686, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: That portion of the Westerly 77.2 acres of Lot 1 in Block "K" of the Kraemer Tract, as shown on a Map recorded in book 12, pages 87 and 88 of Miscellaneous Records, of the County of Los Angeles lying Southerly of the centerline of the land described in the deed to the State of California recorded March 11, 1937 in book 872, page 300 of Official Records. Except that portion lying Southerly of the Northerly line of the land described in the deed to tht Santa Fe Land Improvement Company recorded March 4, 1910 in Book 177, Page 263 of deeds of said county. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 9, 1981, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.010 to wit: to permit on -sale beer and wine in an existing school for gambling instruction with waiver of: SECTIONS 18,06.060.0232 end 18.06.060.0261 - Minimum number of parking spaces. (246 spaces required; 175 spaces existing) 2. That the proposed use is hereby granted subject to the petitioner's stipulation to eliminate the proposed 15 -seat bar. 3. That the requested waiver is hereby granted on the basis that the property is located adjacent to a railroad tract and is a long narrow parcel. 4. That the proposed use, as granted, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. PC81 -188 5. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare of the Citizens of the City of Anaheim. 6. That the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and 'general welfare of the Citizens of the City of Anaheim. 7. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 8. That no one indicated their presence at said public hearing in opposition; and that three persons indicated their presence at said public hearing in favor; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: The Planning Director or his authorized representative has determined that the proposed protect falls within the definition of Categorical Exemptions, Class 1, as defined to the State EIR Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2 provided, however, that the proposed 15 -seat bar be eliminated. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 9th day of September, 1981. ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION - PC81 -188 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 9, 1981, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BOUAS, FRY, HERBST, KING NOES: COMMISSIONERS: BUSHORE ABSENT: COMMISSIONERS: TOLAR 1931. IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of September, G keit SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC81 -188