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PC 79-99RESOLUTION N0. PC79-99 A RESQLUTION OF THE ANAHEIM CITY PLANNING COMMISSION TI~AT PLTITION FOR COIdDITI0I~AL USE PERMIT ~IO. 1977 E3E GRANTED WHEREAS, the Anaheim Gity Planning Commission dld receive a ver(fied Pe[itton for Londitional Use Permi[ from BROOKMORE ARMS, INL., 161i1 Langley Avenue, Irvine, Galifornia 927~4, owner, and JACK E. WILLIANS, 16 Uest Del Amo Boulevard, Long E3each, Lalifornia 90805, agene, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF TfiE SOUTHWEST QUARTER OF SELTION 17, TON~~SHIP 4 SOUTN, RANGE l0 wE51 iN THE RANCf10 LOS LOYOTES, IN TfiE CITY OF ANAHEIH, COUIJTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLAHEOUS MAPS, IN THE OFFICE Of 7HE COUt~TY REGORDER OF SAID CQUNTY DESGRIBED AS FOLL0~15: BEGIN~IIfIG AT THE t~ORTHWEST COR~~ER OF THE SOUTHUEST QUARTER OF THE SOUTHNEST QUARTER OF SAID SELTION AS SNOWN ON A MAP OF TRACT ~~0. 5162 FILED IN BOOK 302, PAGES 24 TO 29 ~NCLUSIVE OF MISCELLAMEOUS MAFS, II~ THE OfFICE OF THE COUNTY RECOROER OF SAID GOUNTY; TNE~ICE ALONG THE NORTHERLY LINE OF SAiD SOUTHWEST QUARTER OF THE SOUTFMEST QUARTER NORTH 89° 58' 11" EAST 60.00 FEET TO A POINT OP~ A LINE THAT IS PARALLEL WITH AND DISTANT 60.00 fEET EASTERLY FROM THE GENTERLINE OF EiR00KHURST 5TftEET AS SHOWN ON SAID MAP OF TRACT 5162; SAID POII~T ALSO BEING THE TRUE POINT OF BEGItINING; THEFiGE CONTINU~NG ALONG SAID NOR7HERLY LI~IE FIORTH 89° 5$' 11" EAST 220.02 FEE7 TO THE NORTH11E5T CORf1ER OF SAID TRACT; THENLE ALONG THE 1JESTERLY LINE OF SAID TRACT SOUTH 00° 40' 06" 41E5T 378.83 FEET TO A POINT ON A LIt1E THA? IS PARRLLEL 1JITH AND DISTAfIT 32.00 FEET NORTHERLY FROM THE CEIITERLINE OF BROOKHORE AVENUE ilS SHONII ON SAID TRACT MAP; THEN~E ALONG SAID PARALLEL LIt~E NORTii 89° 19' S~+" ~EST 205.00 FEET TO TIIE BEGINNItIG OF A CURVE COtlCAVE NORTNEASTERLY HAVING A RADIUS OF 15.00 FEET THE NORTHERLY TERHINUS OF SA{D CURVE BEING TANGEWT WITN FIRST MEI~T1017ED PARALLEL LI~IE; THENLE WESTERLY, NdRTHNESTERLY AIIU NORTNERLY ALONG SAID CUfiVE TNRGUGH R GENTRAL AtIGLE OF 90° 00' 00", AN ARC DISTANCE OF 23.56 FEET; THLtICE ALONG FIRST MENTIONEO PARALLEL LINE NORTH 00~ 40' 06" EAST 361.15 FEET TO THE TRUE POlI~T OF BEGINNING. WHEAEAS, the City Planntng Gommission d6d hold a public hearing at the City Hall in the City of Mahetm on May 21, 1979, at t: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. Ghapter 18.03. to hear and consider evidence for and against said proposed condttlonal use and to investi- gate and make findings anJ recommendattons in connection therewlth; and WfiEREAS~ said Commission, after due inspectton, investigation and study made by itself and i~ its behalf~ a~d after due consideration of all evidence and reports offered at sald hearing, dces flnd and determine the following facts: 1. That thc proposed use is prope~ly one for which a conditional use permit is authorized by Anaheim Municipal Code Sec[ion 18.44.050.010 to wit: to permit the on-sale of beer and wtne in an existing restaurant. PC79-99 ti• 2. Tha[ the proposed use will not adversely affect the adJointng tand uses and the growth and development of the area In wfiich it is proposed to be located. 3. That the size a~d shape of the site proposed for the use is adequate to allow the full development of the proposed use in a rt~anner not detrimental to the particular area nor to the peace, health, safety and general welfare of the Citizens of the Lity of Anaheim. 4. That the granting of the Conditional Use Permit under the conditions imposed wili not be detrlmental to the peace, health, safety and ~eneral welfare of the Citizens of the City of Anaheim. 5. 7hat one person indicated his presence at said public hearing in opposition; and that no correspondence was reteived in opposi[ion to the subJect petition. ENVIRONMEIITAL IMPACT FINDING: The Planning Director or his authorized represen[ative has determined that the proposed proJect falls Hithin the definition of Categori w 1 Exemptions, Class 1, as defined in Peragraph 2 of the City of Anaheim Environmental Impact Report Guidelines and is, [herefore, categoricaliy exertpt from [he requirement to prepare an EIR. NOIJ, THEREfORE, BE IT RE50LVED [ha[ the Anaheim C:ty Planning Commission does hereby grant subject Petition for Condiitona) Use Permit, upon the following conditions Nhich are hereby found to be a necessary prerequisite to the proposed use of the subJect proper[y in order to preserve the safe[y and generai welfare of the Citizens of the City of A~aheim: 1. That the proposed restaurant shall ca+~ly wich all signing require- ments of the CL (Commerclai, Limited) Zone. 2. That subject property shall be developed substantiaily in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4. BE IT FURTHER RESOLVED that the Anaheim City Planning Lommission dces hareby find and determine that adopkion of this Resolution is expressly predicated upo~ the applfcan['s comptiance with each and a11 of the ~ondlttons hereinatrove set forth. Should any such condition. or any part thereof, be declared invalid or unenforceable by the final judgment of any court of compe[ent jurisdiction. then this Resolution, ar.d any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUT~Ot~ is si9ned and approved by me this 21st day of May~ 1979- . ~~ I , ANAM N ITY PL NNING COMMISSI01~ AT7EST: d~t.~.i. C E ARY~ At~AHEIM CITY PLP,NNING GOM11155tON - 2- PC79-99 :~ ~... 3 ~_ . ~ STATE OF CALIFORNtA ) COUNTY OF ORANGE ) ss. CITY OF ANANEIM ) i, Edith L. Harris, Secretary of the Anaheim City Planning Commtsston, do hereby certtfy that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Cormmission held on May 21~ 1979~ by the fol!owing vote of the members thereof: AYES: COMMISSI0NER5: BARNES, BUSHORE, DAVID, HERBST, JOHNSON, KING, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMHISSIONERS: t10NE 1979. IN WITNESS WHEREOF, i have hereunto set my hand thts 21st day of May~ ~~,~ .r.° ~~:. S~CRETAR , A~~AHEIM CITY P NNING GOMHISSION ~. `3- PC79-99 i ~