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PC 78-107, RESOLUTION Nb. PC76-107 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION RECOMMENDING TO THE CITY COUNLIL OF THE CITY OF ANAHEIM THAT THE REQUEST FOR AMENDING CONDITIONS PERTAINfNG TO OPERATING HOURS IN CONNECTION WITH CONDITIONAL USE PERHIT N0. 1571, BE APPP,OVED WHEREAS, the petitioner submitted a request for an amendment to the conditions of approval contained in Planning Commission Resolution No. PC75-218 and City Council Ordinance No. 75R-625 on property consisting of approximately 9.2 acres having a frontage of approximately 662 feet o~ the east side of walnut Street, having a maxlmun depth of approximately 105 feet, and being located approximately b55 feet south of the centerline of Ball Road; and WHEREAS, the petitioner requests amendment of the following conditions contained in the above-referred to resolution and ordinance of the City Council: "14. That the hours of operatlon shall be from 7:00 a.m. to 10:00 p.m. as stipulated to by the petitioner, provided, however. that upon writter. request by Yhe petitioner. said hours of operatlon shall be reviewed for determination as to whether the hours of operation should be extended, but actian to extend or change safd operation shall be taken only at a duly advertised public hearing. 15. That :his Conditional Use Permit shall be granted for on-sale beer and wine only, and that said activity shall occur onty during the approved hours of operation, as stipulated to by the petitioner." NHEREAS, the Anaheim City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on May 22~ 1978, at 1:3~ p.m.. notice of said public hearing having been duly given as required by law and in accordance with the provisions of [he Anahein Hutlic(pal Code, to hear and consider evldence for and agalnst said proposai to amend the conditions of approvat of Conditional Use Permit No. 1571. and to investigate and make findings and recommendations in connection therewi[h; and WFlEREAS, said Commissio~, after due inspection, investigation ~nd s[udy made by itself and in its behalt~ and after due constderatlon of all evidence and reports offered at said hearing, DOES HEREBY FIND: 1. That no one appeared at said public hearing tn opposltion to subJect request; and that no correspondence was received in oppostiion to subject request. 2. That the existing use has not had a detrimental effect on the surrounding area and no complaints have been received regarding noise. 3. That the extcnded hours of operation from 6:00 a.m. to 11:Od p.m, meet the criteria of the zoning for Conditional Use Permtt No. 1511. PC78-107 {.. .~ NOW, THEREFORE, BE IT RESOLVED, that thc Anaheim City Planning Commission does hereby recommend to the City Council of the City of Anaheim amendment of Conditions 14 and 15 as follows: 14. That the hours of operation shall be from 6:00 a.m, to 11:00 p.m, as stipulated ta tiy the petitToner, provided. however, that upon written rectuest by the petitioner, said hours of operation shall be revlewed for determination as to whether the hours of operation should be ex[ended, but action to extend or change said operation shall be taken only at a duty advertised public hearing. 15. That this Conditional Use Permit shail be granted for on-sale beer and wine only, and that said activity shail occur only during the approved hours of operation (6:00 a.m. to 11:00 p.m.) at stipulated to by the patitioner. BE IT FUP.THER RESOLVED that the Anaheim City Planning Commtssion does he~eby find and determine that adop[ton ~f this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditian, or any part thereof, be declared invalid or unenforceable by the final judgment of any couri of competent jurisdiction. [hen [hts Resolution, and any approvals herein contained, shall be deemed nuil and void. 1978. THE FOREGOING KESOlUTiON is signed and approved 6y me this 22nd day of May, .~~ ~~-~~ G ~ G--~~-- LH IRM N, ANAHEIM CITY P~A~ ING COMMISSION ATTEST: ~i~-~ ~• 7~C~t~.s. SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) LOUNTY OF ORANGE } ss. CiTY OF ANAHFIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commtssion, do hereby certify that the foregoing resolution was passed and adop[ed at a meeting of [he Anahelm City Planning Cortmisslon heid on May 22, 197A~ at 1:30 p,m., by the following vote of the members thereof: AYES: COMMISSIONERS: DpVID, HERBST. JOHNSON, KING, TOLAR NOE~: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BARNES~ LINN IN NITNESS ~INEREOf~ 1 have hereunto set my hand this 22nd day of May, 1978. .~~ ~ ~~ ~~. SECRETARY. ANAHEIH CITY PLANNIN~ COMMISSION _2_ PC7II-to7