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PC 78-205RESOLUTION N0. PC78-205 A RESOLUTION OF THE ANANEIM CITY PLANNING LOPiMIS510N THAT PETITION FOR CONDITIONAL USE PERMiT N0. 1863 BE GRANTED WHEREAS, the Anaheim Ci1:y Planning Commission did receive a verified Petition for Londitinnal Use Permit from COLLINS IIMITED PARTNERSHIP, 1077 West Ball Road, Anaheim, California, 92802,. owner, and L015 M, fNM01lT, 25~6 Ames Avenue, Anaheim, California 92806, agent. of certain real proper[y situated in the City of Anaheim, Cpunty of Orange, State of California, described as: Begfnning at a point on the South li~e of West Broadway which said point is 40 feet South of a point which (s 132.Sa feet East of a cement monumenc marktng the Northrrest corner of Lot G7 of "Anaheim Extension," as shown on a Map of Survey made by 41m. Hamel and filed for record wtth the County Recorder of Los An9eles County, California, said poin[ being the intersection of thc South line of West Broadrray with the Nest line of Adams Street, running thence South 0° 10' West along the Nest line of Adams S[reet and the con[inuation thereof 455.75 feet to the South line of [he tract of land conveyed to the Anaheim Manufac[uring Canpany by deed recorded November 12th, 1920 in Book 378, pagc 3°~ of Deeds; thence South 86~ 57' Nest along said South li~e 100.t~0 feet to a point on the East line of the right of Nay of the Los Alamitos Branch of the Sou[hern Pactf(c Railway; [hence Nor[h 0° 09' West alo~g said East line 248.44 feet to a point and continuing along satd right of way line on a curve Northeastcrly with a radfus of 352.25 feeC to an intersec[fon on the South line of satd Broadway Street; thence North 68° 55' East along said South line 34.~4 feet to [he point of beginning. WHEREAS, [he City Planning Commisston did hold a public hearing at the City Hall in the City of Anaheim on August 28, 5978, at 1:30 p.m.. r.otice of said public hearing having been duly given as required by law and in accordance with the provislons of the Anaheim Muntcipal Code, Chapter 18.03. Co hear and conslder evTdence for and again~t said proposed condttlonal use and to investigate and make findings and recommendations In connection therewith; and HHEREAS~ said Commissio~, af[cr due tnspectton, investigation and study made by itself and in its behalf, and after due consideration of ali evidence and reports oPfered at said hcaring~ does find and detcrmine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Lode Section 18.61.050.39o to wit: to permit on-sale beer and wine tn an existing restaurant. 2. That the proposed use is hereby granted for a two-year period to determine whether the use has had a detrlmenCal affect on adjoining and nearby uses, subJect to review for consideratlon of posslble extensions oF time. 3, That the petitlon tndtcated that the hours of operation will typically be 10:00 o'clock a.m. [0 9:00 o'clock p.m, daiiy. PC78-205 4, That the proposed use will not adversely affect the adJointng land uses and the growth and development of the area in wfiich it is proposed to be located. 5. Tha[ the size and shape of the sitc proposed for the use 15 adequate to allow the full development of the proposed use ln a manner not detrimental to the particular area nor to Che peace~ health, safety, and general welfare of the Citizens of the City of Anaheim. 6. That the granting af the Conditional Use Permit under the conditions imposed, if any, will not be detrlmental to the peace, health, safety and general welfare of the Citizens of the Clty of Anaheim, 7, That no one indicated their presence at sald public hearing in oppositlon; and that no correspondence was received In opposition to the subject petttion. ENVIRONMENTAL IMPACT FINDING: ihe Planning Director or his authorized representative has de[ermined that the proposed proJect falls within the definition of Categorical Exemptions, Class 1, as defined ln Pa~agraph 2 of the CTty of Anahcim Environmental Impact Report Guidelines and Ts, therefore, categortcally exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Corre~ission does hereby grant subject Petition for Conditional Use Permi[, upon the fo3lowing conditions which are hereby found to be a necessary prerequisite [o the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of thc City of Anaheim: 1, That subject property shall be devalooed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 2, That the use is granted for a two (2) year period of time subject [o consideration for possible time extensions upon written request by the petitloner. BE IT FU°THER RESOLVED that the Anaheim Ctty Pla~~l~q Commtssion does hereby find and determtne that adoption of th(s Resolution is expressly predicated upon applicant's comptiance with each and ail of the condittons hereinabove set forth. Should a~y such condition, or a~y part thereof, be declared invalid or unenforceable by the final Judgment of any court of competen[ jurisdictlon, then this Resolutton, and any approvals hereln contained, shall be deemed null and void. THE fOREG0ING RESOLUTION is signed and approved by me this 28th day of August 1978. 1 1~, A~ E ! LANNING CONMISSION ATT~ST: ~,~rL ,~ ~~~ SECRETAR , ANAHEIM LI'~Y LANNINS COMMISSIOId _Z_ PC7II-205 '•r STATE OF CALIFORNIA ) COUN7Y OF ORANGE ) ss, C ITY Of ANAHE 1~4 ) I. EdTth L. Harris, Secretary of the Anaheim City Planning Commisston, do hereby certify that the foregoing resolutlon was passed and adopted at a meeting of the Anaheim City Planntng Commission held on August 28, 1978, at 1:30 p,m „ by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES~ DAVID~ HERBST~ JOHNSON, KING, TOLAR NOES: COMMISSIONERS: tiONE ABSENT: COM111SSIONERS: LINN IN WIT~~ESS WHEREOF, I have hereunto set my hand this 28th day of August i978. ~~•~i d ~a~LL.r..~. ECRE AR , ANAHEIN CITY PtANNING CONNISSION ~ -3- PC78-205 ^ :. .