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PC 78-22RESOLUTIOM ~10. PC78-22 A RESOLUTION OF THE ANAHEIM CITY PLA~JNIN; C0~1~1~SSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 1799 BE GRANTED It! PART WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from ROVI PACIFiC REALTY CORPORATION, 1801 Century Park East 41111, Los Angeles, Calfforn(a, 90067, owner, and GEORGE M. OLSEN, 265^ Y.ennedy, Orange, California 92665, agent, of certain real proper[y situated ln the Ci[y of Anaheim, County of Orangc, Statc of California, described as: That portion of Sections 7 and 18, Township ~+ South, Ranqe E Wes[ in the Rancho San[tago de Santa Ana, being aiso a portion of the land allotCed to Paula Peralca de Dominguez, as described in the F(nal Decree of Partition of said Rancho, ~ahich aras entered September 12, t868 in Book "6" at page 410 of Judaments of the District Count of the 17th Judicial Dtstrict i~ and for Los Angeles County, California, described as follorrs: Beginning at the most 4leste:ly corner of the land described in the Qeed to Halicraf[ Homes, recorded Oc[ober 31, 1472 in book 1n/~03, Page 9~~ of Official Records; thence along the Northerly lines of the land of Hallcraft, ~Jorth 58° 44' 0~" East 157.71 feet to a tangent curve concave Southeasterly and having a radius of 100~.0~ Eeet; thence t~ortheas[erly along said curve, through a cr_ntral anale of 17° 39' 40", an arc dlstance of 303.25 feet; thence [angen[ North 7G° 23" 40" East 49.04 fee[ to an anglc point in [he land described in [he deed to 1loodbine Corporation, recorded October 27, 1972 in hook 10397, page ~'69 of Official Records; thence along the lines of the land of Woodbine North 13° 36' 20" Wes[ 230.00 fee[; thence South ?6° 23' 40" West 297,~0 fee[; thence south 58° 44' 00" West 277.92 feet to an angle point in said land of Woodbine; thence coniinuing Sou[h 5g° 44' 00" West 31.00 feet to a Iine which bears North 31° 16' OQ" 4/est from the point of beginning; thence South 31° 16' 00" East 2Q5.17 feet to the point of beginning. l1HEREAS, the City Planning Conmisston did hold a public heartng at the City Hall in the City of Anaheim on January jp~ 1?78. 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, Chapier 18.03, to hear and consider evidence for and against said proposed conditional use and to Investigate and make findings and recommendations in connec[ton therewith; and WHEREAS, said Canmission, after due inspection, investigation and study made by itseif and tn its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and dctermine the following facts: 1, That the proposed use is properly one for which a condiitonal use permft is authorized by Artahelm Municipal Code Section 18,03.030.010 to wit: to permit a semi-enclosed delicatessen/restaurant with on-sale beer and wine with a waiver of: PC78-22 SECTIONS 13.42.066.050 and 18.~~2.066.051 - Minimum number of arkin s aces. 177 spaces required; 170 spaces existing) 2, That the proposed use consisting of a semi-enclosed delicatessen/restaurant with on-sale beer and wine and inclucJing the outdoor servtce of food with beer and aiine is hereby granted, subJect to a review and approval of the continuation of the outdoor function by the Planning Commtssion in one year in order to determine whether said outdoor use has becn detrimental to tfie nearby residential uses or the commerctal center. 3, Furthermore, that the proposed use ls hereby granted subject to the petitioner's stipulations that the outdoor service of food with beer and wine wtll be limited to the dayllght hours only, and that the outdoor service area will be completely enclosed with a minimum 4-foot high wrought iron fence. ~+. That the proposai to r~aive the minimum number of parking spaces is hereby denied on the basis tha[ the granting of said waiver would be detrimental to the other tenants in the commercial center and to the nearhy residential uses because of on-site traffic and parking conflicts, that the commercial ce~ter is currently under construction and there is no reason not to provide adequate parking for ail potential tenants, and that granting of said waiver would estabiish an undesirable precedent for similar requeses tn subsequent commercial hillside developments. 5, That the proposed use, as granted, ~~rill not adv~rsely affect the adJoining land uses and [he growth and development of the area in which it is proposed to be located. 6. Tha[ the size and shape of the si[e proposed for the use, as aranted, is adequate to allow the full development of ttie proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare of the Citizens of the Ctty of Anaheim. 7, That the Conditional Use Permit, as granted, and under the conditions imposed, will not he detrimental to the peace, hcalth, safety and general wclfare of the Litizens of the C1ty o£ An~heim. 8, That four (4) persons indicated thelr presence at said public hearing in ~pposftion and that two (2) persons indicated their presence supportTng subJect petition; and tha[ no correspondence was received in opposition to the subject petitton. ENVIROt7MEN7AL IMPACT FINDING: The Director of the Planning Department has determined that the proposed actfvity alls within the defini[ton of Section 3.01, Class i, of the City of Anaheim Guidelines to the Requirements for an Environmental Impac[ Report and is, therefore, categorlcalty exempt from the requtrement to file an EIR. NOW, Tt1EREFORE~ BE IT RESOLVED that does hereby gran[, in part, subJect Petition for following conditlons which are hereby found proposed use of the subJect property in order to welfare of the Citizens of the City of Anahelm: the Anahetm City Planning Commission Condltional Use Permit. upon Lhe to he a necessary pre~equisite to the preserve the safety and general -2- P~78-22 (~ ~i 1. That subJect property shall be developed substantially in accordance with plans and specifications on file .~ith the City of Anaheim marked Exhibit Nos. 1 through 3 provided, however, that the minimum number of parking spaces for the proposed uses shall be provided, as specified by Code. 2. That the outdoor serviee of food with beer and wine is hereby granted subJect to a review by the Planning Commission in one year in order to determine whether said use has been detrimental to thP nearby restdential uses or the commercial center. If there has been no detrimental impact, the use may be continued. 3. That the outdoor servtce of food with beer and wine will be limited to the daylight hours only. 4. That the outdoor service wiil be completely enclosed with a minimum four (4) foot high wrought iron fence. THE FOREGOING RESOLUTI0~1 is stgned and approved by me this 30th day of January, 197$. ATTES7: ~.~.~~~~~~ C1!AI MAN, HAHEIM CITY PLAN~lINC COMMISS~ON (O Q.CI~~- ~ /V~LLLt~ SECRETARY, ANAt1EIM CITY PLANNIMG COMMISStON STATE OF CALIFORIJIA ) COUNTY OF ORANGE ) ss. CITY OF AtJAHEIM ) I, Edlih L. Harris, Secretary of thc Anahcim Clty Planrtirtg Cor~isslon~ do hereby certify that the foregoing resolu;lon was passed and adopted at a meeting of the An~heim Ctty Planning Commission held on January 30, 1°78, at 1:30 p,m,~ by the followtng vote of the members thereof: AYES: COMMISSIONERS: BARtJES, DAV(0. HERBST~ KiNG~ LINN, TOLAR NOES: GOMN15510NER5: JQHNSON ABSENT: COMMISSIONERS: NONE IN WITNESS 1h1ERE0F~ I have hereunto set my hand this 3~th day of January~ ~978. ~ ~.c.c~. 1.° T ~.~,-~.:. SECRETARY, ANAHEIM CITY PLANtiiNG COMMISSION -3- Pt78-22