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PC 82-208.-.. RESOLUTION NO. PC82-208 A RESOL~~TION OF THE ANAHEIhl CITY PLANNI~G COMMISSION THAT PETITiON FOR C:ONDITIONAL USE PERMIT NO. 2390 BE GRANTED WHEREAS, the Anaheim City Planning Comnission 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. O. Hox 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 TRE DEED TO THE SANTA FE LAND IMPROVEMENT COFII~ANY RECORDED MARCH 4, 1910 IN BOOK 177, PAGE 263 OF DEEDS OF SAID COUNTY. WHEREAS, the City Planninq Commission did hold a public hearing at the City Hall in the City of lnaheim on November 1, 1982, at 1:30 p.m., notice of said public hearinq 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 connectian therewith; said public hearing having been continued to the Planning Cot~sission meeting of t7ovemLer I5, 1432; 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 liearing, does find and determine the iollowinq facts: l. 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 the following: SECTION 18.06.060.0261 - Minimum numb~r of parking spaces (218 spaces required; 175 spaces existing) 2. That the proposed use is hereby granted for a period of one year, to expire on November 15, 1983. 3. That the requested waiver is hereby granted on the basis of the nature of use with a limited number of students being i~resent at any one time, and on the basis that the denial would deprive subject property of a privilege being enjoyed by other pr~nerties in the zame ~one and vicinity. #03261 rce2-zoe 4. That the proposed use is hereby granted subject to the petitioner's stipulation at the public hearing that no alcoholic beverages shall be sold or made available to persons other than those paying the standard daily instruction fee of no less than seven ($7.00) dollars. 5. That the proposed use will not adversely affect the adjolning land uses and the growth and development of the area in which it is proposed to be located. 6. 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 particuiar area nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 7. That the grantir:g of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general we2fare of the Citizens of the City of Anaheim. 8. 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. 9. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRQr:r^NTAL IMPACT FINDING: That the Planning Director or his authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR, NOW, THEREFCR~, BE IT RESOLVL•'D 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. 2. That the propoaed use is hereby granted for a period of one year to expire on November 15, 1983. 3. That no alc~,nolic beverages 3ha11 be sold or made available to persons othe2~ than tt:ose paying the standard daily instruction fee of no less thar, seven ($7.00) dollars. BE IT FURTNER RESOLVED that the Anaheim i.ity Planning Commission does hereby Eind and determine that adoption of this Resolution is exprassly predicated upon applicant's compliance with each and all of the conditions hezeinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this R~solution, and any approvals herein contained, shall be deemed null and void. -2- PC82-208 THE FOREGOING RESOLUTION is signed and approved by me this 15th day of November, 1962. / CH , ANAH IM CITy p G COMMISSION ATTEST: ~~ ~ ~,~ .~. ~C~T~Y, XNAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANpHEIM ) I, Edith L. Harris, Secretary of th~ Anaheim City Planning Coaaaisaion, do hereby certify that the foregoing resolution was passed and adopted at a meetiny of the Anaheim City Planning Commission held on November 15, 1982, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, FRY, HERBST, KING, LA CLAIRE, MC BURNEY L•IOES: COMMISSIONERS: BUSHOR~ ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of November, 1982. _ ~ a.~ .1_° :~,,. ' SECRETARY, pNpHEIM CITY PLANNING COMMISSION -3- PC82-208