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PC 78-228RESOLUTlON ~10. PC78-22$ A RESOLUTIOt! Of THE ANAHEIM CITY PLAtJ!II~lG LO!iNISStON THAT PETITIO~J FOR COt~DITIOtIAI USE P[RMIT N0. 1891 BE GRANTED WHEREAS, the Anaheim Ctty Planning Corimission did recelve a verified Petition for Conditional Use Permit from STAtILEY ANO IOttE KRELL, P. 0. Box E7611, Los Angeles, California, 90067, o4mers, anJ JOSEPH ANTtIONY NOT11R0, 12762 Audrey Circle. Garden Grovc, Anaheim, California Q2640, agent, of certain rea! property situated in the Cit/ of Anaheim, CounCy of Orange, State of California~ described as: Lots i and 2, Tract 3267, as per Hap recorded in Book 102, paaes 41 and 42 of Miscellaneous Naps, tn the Office of the Coun[y Recorder of sald County. WHEREAS, [he Cicy Planning Canmissjon did hold a public hearing at the City Hall in the Cfty of Anaheim on September 25, 1~73, at 1:30 p.m „ no[ice of said public hearing having been duly given as required 6y law and in accordance with the provisions of the Anaheim Municipai Code, Chapter 1E,03, to hear and consider evidence for and agains[ said proposed conditional use and to investigate and make findings and recommendatfons in connection therewith; and Wti[RE:~S, sald Conmission, aftcr duc inspection, investiga[ion and study made by itselP and in its behaif, and after due consideratlon of all evidence and reports offered at said hearing, does find and detcrmine the following facts: i. Tha[ the proposed use is properiy one for -~hich a conditional use permit is authorized by Anaheim Municipal Code Section 13,45.~50.01(1 [o wit: to permit on-sale wine in an existing bcer har. 2. That thc proposed use is hereby granted subJect to the petitioner's stipulation the hours of operation shall be 10:00 a.m, to 2:OQ a.m.~ seven days a weEk. 3. That the proposed use will no[ adversely affect the adjoining land uses and the growth and development of the area in whlch it is proposed to be located. 4, That the size and shape of ihe site proposed for the use is adequate to allow the full developmen[ of the proposed use in a manner not deirimental to the particular area nor to the peace, health, safety, and general welfare of the Cittzens of the City of Anaheim. 5. That the granting of the Conditional Use Permit under the conditlons impased, if any, wi11 not be detrimen:el to [he peace, health, safety and general welfare of the Citizens of [he City of Anaheim. PC78-228 6, That n~ one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposttion to the subject peti:ton. ENVIROtIME~~T~1L IMPACT FIt~pING: The Planning Dtrector or his authorized representat ve has detcrmfned that the proposed proJect falis within the deflnition of Categorical Exemptfons, Class i, as defined in Paragraph 2 of thc City of Anaheim Environmental Impact Report Guldelines and is, therefore, categorically exempt from the requirement to prepare a~ EIR. NOW, THEREFOP,E, 8E IT RESOLVED that thc Anaheim City Planning Commission does herehy grant subject Petitfon for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite [o the proposed use of the subJect property in order to preserve [he safety and 9eneral weifare of the Citizens of the City of Anahefm: 1. That street lightin9 facilitics alang Orangewood Avenue shall be installed prlor to the final building and zoning inspections unless otherwfse approved by the Director of Publlc Utili[ies, and in accordance with standard specifications on file in the Offtce of [he Director of Public Utilities; and/or that a bond, certificate of deposit, letter of credtt, or cash, in an amount and form sa[isfactory to the Clty of Anaheim shall be posted with the City to guarantee the installaiton of the above-mentioned requirements. 2, Tha[ the oamer(s) of subject propercy shall pay to [hc City of Anaheim the sum of three and one-half dollars ($3.50} per fron[ foot along Maliul Drive for street lighting purposes. 3. That the owner(s) of subject propcrty shall pay to the C(ty of Anaheim thc sum of 95 cents per front foot along Orangewood Avenue and Mallul Drive for tree plantfng purposes. ~t. That subJect praper[y shaii be deveioped substan[ialiy i~ accordance with plans and specifications on file with the Ctty of Anaheim marked Exhibit Nos. 1 and 2. 5. That Condition Nos. 1, 2 and 3, above-mentionecl, shall be complied with prTor to the commencement of the activlty authorized under this resolutton, or prior to [hc time that the building permit is issued, or withtn a period of one year from da:e hereof, whichever occurs first, or such further time as the Planning Comnlssion may grant. 6. That Conditton No. 4, above-mentioncd, shall be complted with prior to final building and zoning inspections. 7. That the hours of operatlon shall be lO:OQ a.m, to 2:00 a.m, daily. BE IT FURTf1ER RESOLVED that the Anahelm City Planning Commission does hereby fTnd and determine that adoptton of this Resolution is expressly predicated upon applicant's compllance with each and all of the conditions herelnabove set forth. -2- PC78-228 Should any such condition~ or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competen[ Jurtsdiction, then this Resoluti~n, and any approvals hcrein containcd, shall be deemed null and void, TtiE FOREGOlNG RE30LUTIOtJ is signed and approved by me th(s 25th day of September, 1978. RM N, N CITY L NNIhG COMMISSION ATTEST: /O Q~ r~4_ ~( it w ~ SECRETARY, APIANE IJ1 C ITY PLA~III IIIG CON!115510N STAT[ OF CALIFORt~IA ) COUtlTY OF ORAHGE ) ss. CITY OF A?IAHEIM ) 1, Edlth L. Harris, Secretary of the Anaheim Ci[y Planntng Commission, do hereby ceriify that the foregcing resolution was passed and adopted at a neettng of the Anaheim Ctty Pianning Commission held on September 25, 197E at 1:30 p.m., by Lhe following vote of thc ma~bcrs thereof: AYES: COMMISSIONERS: BARNES, OAVIO, HEROST, JOHNSa~~, Klt~r,, TOLAR NOES: COH,115S IOt~ERS: f10hlE ABSENT: L~HMISSIONERS: i~ONE VACAP~Y: ONE SEAT IN NITlJESS WHEREOF, I have hereun[o set my hand this 25th day of September, ~ 9~a. _ ~~.~ .~ ~-~~~.._ SECRETARY~ ANAHEItS CITY LAN!iING COMN~SSION -3- PC78-228