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PC 79-23RESOLUTION N0. PC79~23 A RESOLUTION OF THE ANANCIM CITY PLANNiNG COMMISSION THAT PETITION FOR CONDITIOHAL USE PERMIT N0. 1934 BE GRANTED WHEREAS~ the Anaheim City Planning Cortimtssion did receive a verified Petition for Condttional Use Permtt from MARCIA ANN HALLIGAN AND RAYMOND G. AND ESTELLE K. SPEHAR~ 913 Paloma Place, Fulierton, California 93635, owners, and PROJECT COORDINATORS, 1535 East 17th Street. Santa Ana, Californla 92701, agent. of certaTn real property situated in the City of Anahefm, County of Orange, State of California, described as: That portion of land allotted in the Flnal Decree of Partition of the Rancho Canon de Santa Ana, a certified copy of which was recarded February 8, 1874 in book 28, page 158 of Deeds, records of Los Angeles County, Californta, described as follows: Parce) No. 1 as shown on a Map filed in book 85~ pages 20 a~d 21 of Parcel Maps in the office of the County Recorder of 4range County, California. WHEREAS, thc Ctty Plannln9 Commission did hold a public hearing at the City Hall in the City of Anahetm on January 2?, 1979, at 1:30 p.m.. notice of said public hearing having been duly given as required by law and in accordance with the p~ovisions of the Anaheim Municipal Code, Chaoter 18.03. to hear and cor,sider evidence for and against sald proposed condi[ional use and to tnvestigate and make flndtngs and recommendattons in connectlon therewith; and MHEREAS, satd Cortmission, after due Inspection~ investigatlon and s[udy made by itself and in i[s bzhalf, and after due consideratton of ali evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use Ts propcrly one for which a co~diitona) use permit is authorized by Anaheim Municipal Code Section 18.44,050.010 to wit: to permt[ on-sale aicohoiic beverages in a proposed restaurant. 2. That the proposed use wlll not adversely affect the adjoining land uses and the growth and development of the area in which It is proposed to be located. 3. That the stze and shape of the site proposed for [he use is adequate to allow the full development of the proposed use in a manner not detrimental to the particutar area nor to the peace. health~ safety, and general welfare of the Citizens of the City of Anaheim. 4. That the granti~g of the Conditional Use Permit under the conditions imposed~ if any, wil) not bc detrimental to the peace, health, safety and general welfare of ihe Citizens of the Lity of Anahetm. PC79-z3 5. That no one indicated thetr presence at said publlc hearlrtg in opposition; and that no correspondence was recelved In opposition to the subJect petition. ENVIRONMENTAL IHPACT FINDING: The Planning Dlrector or hIs authorized representat ve as eterm ne t at the proposed proJect falls within the definitlon of Categorical Exemptions, Class 1, as defined tn Paragraph 2 of the City of Anaheim Environmental Impact Report Guidelines and is. therefore, categortcally exanpt from the requirement to prepare an EIR. NOW. THEREFORE. BE IT RE50LVED that [he Anaheim City Planntng Commission does hereby 9rant subject Petitlon for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property In order to preserve the safety and general welfare of the Citizens of the City of Anahetm: 1. That the proposed business shall comply with ali signing requirement: of the CL(SL) (Commercial, Limited-Scenic Corridor Overlay) Zone. 2. That subJect property shall be developed subsiantially Tn accordance with pians and specifications on file with the City of Anaheim marked Exhibit Nos. i through 5. BE IT FURTHER RESOLVED that the Anaheim City Planning Conm+isslon does hereby find and determine that adop[ton of this Resolution Is expressly predicated upon appiicant's ccmpliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the ftna) Judgment of any court of cunpetent Jurisdiction, then this Resolution, and any approvals herein contalned, shall be deemed null and void. 7HE FOREGOING RESOLUTION is signed and approved by me this 29th day of January, 1979. ~ -~ ~/ \~ !RN . A ~~FITY PLANNIN COMMI 5 ON ATTEST: ~,o.~ .~° 7~~..:. ~ECRE1AR~. ANAHEIH I Y ANNI G OMMIS I~N STATE 0~ CALIFORNIA ) COUNTY QF ORANGE ) ss. CITY OF ANAHEIM ) 1~ Edith L. Harrls, Secretary of the Anahelm City Planning CommTssion~ do hereby certify that the foregoing resolution was passed and adopted at a meeting of -2- PC79-23 _ _ .._ __ _.. ~ i the Anahetm City PlannTng Commisston held on January 29, 1979, at 1:30 P.m., by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES~ BUSHORE, HERBST, JOHNSON, KiNG, TOLAR NOES: COMMISSIONERS: HONE ASSEMT: COMMISSIONERS: DAVID 1979. IN WITNESS WHEREOF, I have hereunto set my hand thTs 29th day of ~anuary. SECRETARY~ ANAHEIM ITY PLANNING COMMISSION -3- PC79-23