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PC 78-227RESOLUTION N0. PC78-227 A RESOLUTION OF THE ANAHEIH CITY PLAPINING COHHISSIO~J THAT PETITIQN FOR CONDITIONAL USE PFRy;T ir"v. iu90 BE GRANTED WF'EREAS, the Anaheim Ctty Planning C«mmission clid receive a verified Petition for Conditional Use Permit from FRAFlK AND LORETTA KROGMAN, 1507 Buena Vista, San Clemente, California, ~2672, owners, and LEE'P_ MA~~DARIN RESTAURANT. 2610 West La Palma Avenue, Anaheim, California ?2801, agent, of certain real proper[y situated in the City of Anahetm, County of Orange, State of California, dcscribed as: Parcel 1: The Easi 290.0~ fee[ of [he North 365.00 feet of the F~orthcast quarter of Section 17_, Townshfp 4 South, Ran9e ii West, in the Rancho Los Coyotes, in the City of Anaheim, Couniy of Ora~ge, S[ate of California as per map recorded in Book 51 Page 11 of Miscellaneous Maps in the ~fflce of the County Recorder of said Lounty. EXCEPT the t~orth 185•00 fcet of [he ~ast 185.00 feet. Said Land is included wit'.in the area shown on a map filed in book GS page 16 of Recard of Surveys in the Office of the County Recorder of said County. PARCEL 2: Lot 1, Trac[ 2911, in the Ci[y of Anahcim, County of Orange, State of California, as per map recorded in book 97 page 17 of Hiscellaneous Naps, in the Office of the County Recorder of said County. WNERE~S, the City Planning Commission did hold a public hearing at the City Hall in the Lity of Anaheim on September 25, 1973, at 1:30 p.m., noLice of said public hearing having been duly given as required by law anJ in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditlonal use and to investigate and make findings and recommendations in connection therewith; and WfiER£AS, said Commission, after due inspeccion, investigation ar.d study made by itself and in its behalf, a~d after due consideratlon of all evidence and reports offcred at said hearing, does find and determine [he foliowin9 facts: 1, That [he proposed use is properly onc for which a conditional use permi[ is authorized by Anaheim Municipal Code Section 18.~ik.050.010 to wit: to permit an-sale beer and wine in an existing restaurant. 2. That the proposed use is hereby granted for a t~+o year period, subject to review by the Planning Commission for possible extensions of time, 3. That the petitioner indicated [he hours of operation wouid typically be Sunday through Thursday 11:30 a.m, to 10:00 p.m,, and Friday and Saiurday 11:30 a.m. to 11:OQ p.m. 4, That the proposed use will not adversely affect the adJoining land uses and the growth and development of the area in which it is proposed to be located. 5. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not decrimental to the particular area nor to the peace. health, safety, and general welfare of [he Citizens of the City of Anaheim. PC78-227 6. That the granting of the Conditional Usc Permlt under [he conditions imposed, if any, will noc be detrimental to the peace, health, safety and general welfare of the Citizens of the Clty of Anaheim. 7, That no one indicated their presence at said public heartng in opposition; and that no correspondence was recetved in opposition to the sub}ect petition. ENVIRONMEPlTAL IMPALT fINDING: The Planning Director or his authorized representative has dctermined that the proposed project falls within the deffnition of Categorical Exemptions, Class 1, as defined in Paragraph 2 of the City of Anaheim Environmental Impact Report Guidelines and fs, therefore, categorically exempt from the requirement to prepare an EIR. I~OW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon thc following conditions which are hereby found to be a necessary prereauisite to the proposed use of the subjec[ property in order to preserve the safety and general welfare of the Citizens of the City of Anahcim: 1. That subjec[ property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhlbtt Nos. 1 and 2. 2, That the proposed use is granted for a two (2) year period of [ime to determine whethcr the use has had an adverse effect on the area and that extensions of time may be granted by the Planning Lommisslon, upon written request by the petitioner, foilowing a detcrmination that the use tias not had an adverse impact. BE IT fURTHER RESOLVED that the Anaheim City Planning Canmission does hereby find and determine that adoption of thts Resolution is expressly predicated upon applicant's compliance with each and all of the conditions fiereinabove se[ forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final Judgment of any court ~f competent jurisdiction. then this Resolution, and any approvals herein contained, shall be deer,ied nul) and void. TNE FOREGOING RESOLUTION is si9ned and approved by mn [his 2~[h ~ay of SepYember, 1978. ~ A~ HE 17Y PL ~Ji~ I NG COMM I SS l ON ATTEST: (O~ ~ ~^~- SECRETARY, ANANEIM CITY PLANNING COHNIS5I~JN 57A7E OF CALIFORMfA ) COUNTY OF ORANGE ) ss. CITY OF At7AHEIN ) I~ Edith l. Harris, Secretary of the Anaheim Clty Planning Commission, do hereby certify that the foregoing resolution aras passed and adopted at a meeting of the Anaheim City Planning Commission hel~i on September 25~ 1°7~ at 1:30 p.m., by the following vote of the members thereof: -2- PC78-227 ~ ,~ AYES: COMMISSIONERS: aARNES, DAVID~ HERBST, JONN501a~ KI~~G~ TOLAR NOES: COMMISSIO~tiERS: NONE ABSENT: COMMISSSONERS: FIONE VACANY: OPIE SEAT IN 430TNES5 WHEREOF, 1 have hereunto set my hand thts 25th day of September, 1978. ~~.~ ~ ~~ . SECRETARY~ ANAHEIFi CITY PLANNING COMMlS510N -3- PC78-227 ~