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PC 77-32RESOLUTION N0. PC77-32 A RESO~UTION OF THE ANAHElH LITY PLO~NNING CDHMISSION 1'HAT PETITION FOR CON~~TIONAL USE PERHIT N0. 1~81 8E DENIED. WHEREAS, the Anahelm City Pla~ning Commisslon did receive a veri.'led Pe[ition far Londi[ional Usc Permlt from DUNN PROPE~t71E5 CORPOP,ATION, 28 Brc~okhollrnv Drlve. Santa Ana, C~lifornia 92,'02 (Owncr); KENIIETN H. BATES, P,O. Box 1469, Costa Mesa, California 92626 (Agent) of certatn real property sltuated in che Lity of Anaheim, County of Orange, State of Callfornla dtscribed as: PFRCEL 7, IN THE CITY OF ANAHEiM, COUtJTY OF OR~4NGE, STATE OF CALIFORNIA, AS SHOWN ON A PARLEL MAP FILED IN BOOK 79, PAGES 43 AND 44 OF ?kRCEL MAPS, IN THE OFFILE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Clty Planning Commisslon did hold a public hcaring a,: t~~e Citv Hai) in th~ City of Anahelm on January 3~, 1977, at 1:30 p.m., notice of sai~ public heariny having been duly given as reQulred by law and In accord~nce w:th the provisions of the Anaheim Municlpal Code, Lhapter ib.~?, to hear and consider evidence for and against said proposed canditlonal use and to Investigate and make findings and recommendati<ns In connecLlon [herewith; and WHEREAS, safd Comnlssion, efter due inspecclon, fnvestigation and s[uJy made by iiself and In Its behaif, and after dur considcratlon of all evidence and repo:ts offered at sald hearing, docs `Ind and dctcrmine the folloaing facts: 1, That Lhe proposcd us!~ i:~ properiy one for which a conditioiial use permit Is ~uthorized by Anaheim Munic,ipal i,ode Sectlon 18.44.050.300, to wi[: oermit a drlvc-through restaurent Hlth Nalvers of•; a. SECTION 18.05.0'~3.021 - Maximum numbcr of slgns. (1 freestanding slgn perm tted; 3 proposedj b. SECTION 18.05.Cr'?.0231 - Mlnimum dlstance bc[wcen sl ns. ~ 3Q0 eet requ red; - 190 ee[ proposed) c. SECTION 18.44,066.050 - Minlmum numbcr of~arkin~c_s~aces. ~i+ spaces reyulred; 38 spaces proposed) 2. That the pr~poscd usc Is hercby denied on the basis that the subJect property Is wi[fiin a planned commercial center Intr_nded to consist of a varie[y of camercial uses~ and other prevlously approved and simtlar restaurants ln this center are dctermined to be adequate to scrvlce sald center. 3. That the foregoing waivers are hereby denied on the basis that the proposed usc is denied as set forth above. 4. That Che proposcd use wlll adversr,ly affec[ the adJoining land uses and the grorith and ~evelopment of the area In which it Is proposed to be loceted. 5. That the slz~ and shspo of the ~ttn prop~sed }or thr. use is not edequnte to ellow the full dovelonment of the propo~ed uss in s mnnner not d~trlm~ntal [o tho perticuler nre~ nor to th~ pence, health, snfety, nnd gnn~ral w~lfsr• of thn Cltl:~n• of the Lity af An~h~lm, RESOLUTION N0. PC?7-32 6. That the granting of the Condlcional Use Permit ~~ill be detrimental to the peace, health, safe[y and general weifart of the Citizens of the City of Anahelm, 7, 7hat no one lndtcated [heir presence at said publlc hearing in oppositlon; and that no correspondence was recelved In opposltton to the su.bject petition. ENVIRONMENTAL IMPACT REPOR7 r~NnlNG: That thc Araheim City Plannin9 Commisslon does hereby recommend to the City Council of the City of Anaheim that a negative deciaratlon rrom the requlrements to prepare ar, environmental impact report be approved for the subJect proJect, pursuant to tFe provtsions of the Californta Envlronmen*.al Qualtty Aci. NON, THEREfORE, BE IT RESOLVED that the Anahetm City Planning Commission does hereby deny subJect Petitlon for Conditlonal Use Permlt on the basis of Lhe aforementfoned findtngs. THE FOREGOING RESOLUTION (s signed and approve y me Lhis 31s[ day of Jar.uary, 1977. ~ /' H RMAN AkAHE CI L NN NG COMMIS51~ ATTEST: ~~~~~~4J SECRETARY, ANAHEIM CITY PLANNING CONMISSION 57AiE Of CALIFQRNIA ) CQ;INTY OF OfL'~NGE )ss. LITY OF ANANEIM ) I, Patrtcla 8. Scanlan, Secretary af the Anaheim City Planning Cortmiission, do hereby certify that the foregotng resolutlon was passed and adopted at a meetfng of the Anaheim Clfy Planntng Commisslon, held on January 31, 1977, at 1:30 p.m., by the f411ou+ing vote of the members thercof: AYES: COMMIS5104ER5: BARNES, DAVID, HERBST, MORLEY~ TOLAR, JOWNSON NOES: COMMISSIONERS: NO~~E ABSENT: COMMISS(ONERS: KING IN WI?NE55 WHEREOF~ I have hercunto set my hand this 31st day of January ~977• . • ~cJ SECRE AR ~ ANAHEIM CITY PLAHNING CO"~MISSION -2- RESOLUTION N0. ?C;7-32