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PC 71-186RESpLUTIO~~ '~~. PC71-~86 , ~ ~___._ A RESOLUTION OF THE CITY NLANNING COMMISSION OE' THE CiTY OF ANAHEIM TE{AT PETITION FOR CONDITIONAL USE F~ERMIT 1264 B~ GRANTED IN PART WHEREAS, the City Plenning Commissl~ of the City of Anehetm dtd roceive a veritied Petitlon for Con- ~ ditional Use Permlt from JERRY AND NANC't KING , 3602~j Marcus , Newport Aeach, Californi~ 92660, Ownersj CHARLES F. DOUGLASS, 47 Quail Court, 5uite 105, Walnut Creek, California 94596, Agent of c~rtain real property situated in the City af Anaheim, County of Orange, State of CAlj.£ornia, described a~ that por.tion of the Northwest quarter of the Northwest quarter of the Northwest quarter of Section 13, Township 4 South, Rango 1p Waat, in the Rancho San Juan Caj~n de Santa Ana, as shown on a Map ~ hereof rer,orded in Book 51, page 10 of Miscellaneous Maps, records of urangq County, Caii.forni.a, described as follows: Parcel 1- Parcel 1 as ~1 shown on a Nap Eiled in Book 35, page 43 of Parcel Maps, records of ~ Orange County, Cali£ornia; Parcel 2- Parcel 2 as shown on a Map filed , in Book 35, payP 43 of. Parcel Maps, records ~f Orange County, Californiaj Farcol '3 - Parcel 3 as shown on a map Eiled in Book 35, page 43 of ~' Parcel Maps, records of Oranga Coun ty, Califarnia ; and s WHEREAS, the City Planning Commission did hold a public hearing et the City Hall in the City of Aneheim on Septembe r 20 ,].971 , et Z:00 o'clock P.M., notlce of sald public hearing having been duly given ' as required by lew end in accordence with the provisions of tho Anaheim Municipal code, Chepter 18.64,to hear ~ and conslder evidence for and ageinst said proposed conditional use end to investigete and make findings and ~` recommendations in connection therewith; and f ,{,~ WHEREAS, said Commission, after due inspection, investigetion, and study made by itselE end in its be- ~~ half, end after due conslderation of al] evidence end reports offered et seld hearing, does find and determine the ~,. ~ ' tollowina facts: ~ .. ~. ~ .~ rt~ -~ 1. That ine proposed use is properly one Eor which a Conditional Use Permit is authorized by Code :, SF'CTION 1R.40.060(g) to wit: eutablish on-sale beer and wine in conjunction with a restaurant, with waivers of; a. SECTION 18.62.090(B-1 - Meximum number of si.gns. (2 pro~osed; 1 per- I! ^ mitted due *_o distance between signs - 300 ~ feet required; 146 feet proposed) 4~, b. SECTION 18.62.090(B-5) - Location of free-stending signs (distance to abuttin~ parcel1 (120 feet required; 50 feet s proposed, ) - ': 2. That Waivera 1-a and 1-b, above mentioned, are hereby denied on rhe basis ~'~, thar the alleged hardship is a situation self-imp~aed by the properey owner when he ly~ ailowed the major tenant to havr thp only free-standing sign permitted on State Col- ;;~ lege Boulevord without considering signing needs for other tenants in the shopping :~ center, FurthermorE, the existing free-standing sign size was not to maximum, and ;; signing of rhe restaurant and other shops co uld be accomplished on the same pole with- ',l out creating an addirional free-standing sign. ~,;'~ 3. That approval of tUe requested weivers cou.ld establish a precedent for simi- ,t~ > lar. requestg from tensnts of other shopping c enters requesting individual free-stand- ''~ ing signs. ~-',~ 4 That the proposed use, as appro~red, will nat adversely affect the adjoining `F land uaes and the growth and development of the aree in which i.t is proposed to be lo- `' cated. ~i 5. That Lhe size and sha e ~f the site p , pp ~ ~i p pro osed for the use as a rove.~ is ade- quate to allow the full development of the p roposed use in a menner not d~trimental to '~ the particular area nor to the peace, health, safety, and general welf.are of the Citizens ;; of the Cil-y of Gnaheim. :i? 6. That the granting oi r.he Conditional Use '~ermit, as approved, under the condi- tions imposed, if any, will nuc be detrimental to the pe.ce, health, safety, and genersl welfare of the Citizens of the City of Ana heim. ; 7. That the petitioner stipulated thst the t~ours of aperaeion would be from " 11;00 A.M, to 12;00 Midnight Sundays througti Thursdays and 11:00 A.M. to 2:00 A.M. on '~` rridays and Saturdays. * ' C1-G ;~; -1- ~; i .,. ~ w ,~ ~ '/, ~~. ?~ .;', , ~~ i~. ;;~; ~ -i i`,~ ir~~; ~ 'G~ `~ ~ xt I ~~' s~ .~ ~; : .~ '~ ~i ?~ i .~.~, ~ :> ;a ~, _; ~ ~ J in part NOW, THEREFORE, HE tT RESOLVED that the Anaheim City Plannina Commisslon doee hereby grandeubJeet Petitlon tor Condltlonal Uee Pecmlt, upon the tellowin~ conditlons which ere hereby Eound to bo e neceseary pretequislte to the proposed use ot the sub)ect property !n order to preeeeve the •atety aod generel welEere of the Citlsens of the City ot Anahe~m; 1, Ttiat aub,~ect property ahall be devc+lup~~d euhatantially in eccordance with plens and apeciFicatione on file with the City of Anat~eim, marke.~ ~:xhibit Nos. 1~ 2, 3, and 4, provided, however, tha t all signi.ng ahall be in con~ormance with Che Si.gn Ordinance. 2, Thar tl~e aerving of beer and wine ahall be incidental to the serving of food, as atipulated to by the p eti.tianer. 3. That Cl~e hours of operation ahall be 11;00 A.M, to 12;00 Dtidnigh~ on Sundays through Thuradays and 11;00 A.rl. to 2;00 A.M. on Fridays and Saturdays as stipulaled Co by tlie petitioner, 4, That Condition No. 1, above mentioned, ahall be complied with prior to the com- mencement of the activ ity authorized under this reaolution, or ~rior to the time that the buii~ing permit is iss ued, or within a period of one yPar from ehe da~e hereof, whichever accurs first, or such further kime ae the Planning Commission may grent. THE FOREGAING RESOLUTIaN is signed end approved by me is 3 0 th d ay o f S t p t emb e r, 19 71 . ~/ ~ /' CHAIRMAN ANAHEIM CITY PLANNING COMMISSION ATTEST: ~..d~ SECRETARY ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 2; Ann Krebs , Secretary of the City Plenning Commission of the City of Aneheim, do hereby certify that the foregoing resolution was passed and adopted at e meeting of the City Planning Commission of the City of Aneheim, held on S e p t e r~b e r. 2 0, 19 71 , at 2:00 o'clock P.M., by the following vote oE the members thereof: AYES: COMMISSIONERS: FARANO, GAUER, KAYWOOD, ROWLAND, S~YMOUR. NOES: COM1fMISSIONERS: NONE. ABSENT: COMMISSIONERS: ALLRED, HERBST. IN WITNESS WHEREOF, I have hereunto set my hand this 3Uth day of September , 1971. ~ ~ * ~ %~~~~'`'C/~ SECRETARY ANAHEIM CITY PLANNING COMMISSION RESOLUTION N0. PC71-186 C2-G -2- ~ ,~