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PC 83-219-`-~ RESOLUTION N0. PC83-219 A RESOLUTION OF THE ANAHEIM CITY PLANNING CQMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2511 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Us~ Permit from ALFRED A. HOLVE AND SONS, INC., 1314 Sequoia, Lindsay, California 93247, owners, and EDWARD P. DEUTSCH, 1711 West Katella Avenue, Anaheim, California 92804, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTEF. OF SECTION 20~ TOWNSHIP 4 SUUTH, RANGE 10 WEST~ IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM~ COUNTY OF ORANGE~ STATE OF CALIFORNIA~ AS TFiE SOUTHEAST QUARTER OF SAID SECTION 20 IS SHOWN ON A MAP FILED IN BOOK 17 PAGE 27, OF RECORD OF SURVEYS~ IN THE OFFICE OF THE COUA:TY RECORDER OF SAID COUNTY~ DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 20; THENCE WEST 678.9 FEET TO A POINT 20 INCHES EAST OF THc SOUTH END OF CEMENT PZPE LINE SAIL POINT BEING ALSO THE SOUTHEAST CORNER OF THE LAND DESCRISED IN DEED TO O'~TO F. SCHROEDER~ RECORDED MAY 26, 1914 IN BOOK 248 PAGE 355, OF DEEDS OF SAID COUNTY! THENCE NORTH 676 FEET TO A POINT ON THE SOUTH LINE OF THE LAND DLSCRIBED IN DEED TO D. W. HUNT RECORDED SEPTEMBER 5~ 1890 IN BOGK 8 PAGE 184~ OF DEEDS OF SAID COUNTY~ AT THE NORTHEAST CORNER OF CEMENT WATER BOX; THENCE SOUTH 676 FEET TO THE POINT OF BEGINNING. EXCEPTING THOSE PORTIONS INCLUDED IN TRACT N0. 2176~ AS PER MAP RECORDED IN BOOK 59 PAGES 34 AND 35~ OF MISCELLANEOUS MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND INCLUDED IN TRACT NO. 2217, ?15 PER MAP RECORDED IN BOOK 61 PAGES 30 AND 31, OF MISCELLANEOUS MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Ceater in the City o£ Anaheim on November 14, 1983, 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 followin9 facts: 1. That the proposed use is propPrly 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 existinq sandwich shop. ~0090r PC83-219 ~,_...-- , _, . . . , 2. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be 2ocated. 3. That the size and shape of the site proposed for tt~e use is adequate to allc~ the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and genecal welfare of the Citizens of the City of Anaheim. 4. That thc gtanting 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. 5. 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. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT PINDING: 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 er.empt 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 propecty 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 apecifications on file with the City of Anaheim marked Exhibit Nos. 1 thcough 3. 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 conditions, 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 14th day of November, 1983. /~/~~ ~ ~j4~_ G' ~l%~.e~-~~ % ~'/ CHAIRWOMA~~ AHEIM CITY PLANNING COMMISSION ATTEST: • ` --- G a~.el~: 1,° 2~%~ ~,~ SECRETARY~ ANAHEYM LITY PLANNING COMMISSION -Z- PC83-219 t+.~..'. _ _ ~ ,,_. STATE OF CAi,IFORNIA ) 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 November 14, i983, by the following vote of the members thereof: AYES: COMMISSIONEP.S: 80UAS~ BUSHORE~ HERBST~ KING~ MC BURNEY NOES: COMMIS3IONERS: NONE ABSENT: COMMISSIONERS: FRY~ LA CLAIRE IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of November, 1983. ~,~.~~ ~ ~L~ . SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -3- PC83-219