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PC 82-6~-,, ,-,- ---~ , RESOLUTIOPI N0. PC32-6 A RESOLUTI ON OF THE ANAHE I l; C ITY P~AP1N I N~ COMM I SS ION THAT PETITION F012 CONDITIUNAL USE PERMIT N0. 228g gE GRANTED, I~1 PART WHEREAS, the Anaheim City Planning Commission did recr.tve a vertfied Petition for Conditional Use Permit from Robert L. and Ethel Wetzler, 959~ Garuen Grove E31vd. f~212, Garden Grove, California, 9261+4, o~aner, and Gregg Savala, 2952 lJ. Ball Road, Anaheim, California, 92ROh, agent, of certaln real property sttuated in the City of Anaheim, County of Orange, State of Callfornia, described as: PARCEL 1: The IJorth half of the North~vest quarter of the Northwest quarter of the Northa~est quarter of Section 2G, in Township 4 South~ Range 11, West, 1n the Rancl~o Los Coyotes, as shown on a map thereof recorded in book 51, page 11, Miscellaneous Maps, records of satd Orange County. EXCEPTItJG THEREFROM the Easterl•r 1~4.5 feet thereof; ALSO EXCEPT:~~G THEREFROt1 the North 173 feet of thr_ West 217 feet the reof ; WNEREAS, the City Planning Commissfon did hold a puhltc hearing at the Civic Center in the City of Anahetm on January 11, 1~82, at 1:30 p.m., notice of said public hearing having been duly given as required by law and ln accordance with the provisions of the Anaheim Municipal Code, Chapter 18,(13, to hear and consider evtdence for and against satd proposed conditional use permit and to investigate and make findings and reccxnmendatfons in connection therewith; said pub)tc hearing having been continued to the 'lanning Commissl~n meeting of January 25, T9$2; and WNEREAS, said Commisslon~ after due inspection, investigat(on and study made by itsel` and in its behalf, and after due consideration of all evidence and reports offered at said heartng, does find and determine the folloa~ing facts: 1. That the proposed use ts properly one for which a conditional use permit ts authorized by Anaheim Municipal Code Sectton 18.44.050.010 to wit: to permit on-sale beer and wine in an existing restaurant with waiver of: SECTIOPI 18,05.093.045 - Maximum size of wa11 siqns. a s gns not exceed ng 2~b of face of bu ng wa perm tted; 50 and 100$ proposed) Z. That the requested waiver ~s denied on the basis that approval could set an undesirable precedent and th~t a hardship was not shown, PC82-6 ,~-~, .-~ r. 3. That the proposed use, as granted, will not adversely affect the adjoining land uses and the gro~.~th and developrnent of the area in which It is proposed to be located. 4. That the size and shape of the site proposed fo~r the use~ as granted, is adequate to allow the full development of the 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 C(ty of Anaheim, 5. 7hat the granting of the Condttional Use Permit under the conditions imposed, if any, will not be datrimental to the peace, health, safety and general welfare of the Citizens of tlie City of Anaheim. 6. That the traffic generated by the proposed usP, as granted, will not impose an undue burden upon the streets and highways destgned and improved to carry the traffic tn the area. 7. That no one indicated their f,resence at sald public heartng in opposition; and that no correspondence ~•~as received in opposition to the subject petition. ENVIRONMEt~TAL IMPACT FIP7DING: The Planning Director or his authorized representative has determined that the proposed project falls within the definitton of Categorical Exemptions, Class 1, as defined Tn Paragraph 2 of the City of Anaheim Environmental Impact Report Guidelines and is, therefore, categorically exempt from the requirc~ment to prepare an EIR. NOIJ, TfiEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant, in part, subject Petitton for Conditional Use Permtt, upon the following conditions which are herehy found to be a necessary prerequtsite to the proposed use of the subject aroperty in order to preserve *_he sa`ety and generai welfare of the Citizens of the City of Anaheim: 1. That trash storage areas shall be provided in accor~iance with approved ~lans on ftle with the Office of the Executive Director of Public Works. 2. That subject property shall be developed substantially in accordance ~vith plans and specifications on file with the City of Anaheim marked Exhlbit Nos, 1 through 4. 3. That Condition P~o, 1, at>ove-mentioned, shall be completed a~ithin a period of sixty (60) days from the date herein. BE IT FURT(iER RESOLVED that the Anaheim City Pla~ning Commission does heP~by find and determine that adoption of this Resolution is expressly pred'cated ;y~,~_~ applicant's compliance ~vith each and all of t~ie condltions hereinahove set forth. Should any such conditton~ or any part thereof, be deciared invali~i or unen.'orceable by the final Judgment of any court of competent Jurisdtction, then this ~-~lution, and any approvals h~:rein contained~ shall be deemed null and void. PCf32-6 Y.fi~='`x;;= ` a._.,....._ . .. .~ r. THE FOREGOING RESOLUTIOP! is signed and approved by me this 25th day of January, 1982. C~ ~ • J~W~"~.._- CH lRMAN~ AN HEI!1 CIT LAPJNIPJG COMM SS QN ATTEST: lU ~ ~ ~Aw/~ SECRETARY~ ANAHEIM CITY PLAPINiNG COM141SSION STATE OF CALIFORtJIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I~ Edith L. Harris, Secretary of tf~e Anaheim City Planning Commiss!on, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 25, 1q$2~ by the foilowing vote of the members thereof: AYES: COMMISSIOPlERS: 3ARNES, BOUAS, BUSH9RE, FRY, HERBST~ KINR, MC BURNEY NOES: COMMISSIONERS: P70PlE ABSENT: COMMISSIONERS: NODJE It•J WITNESS WHEREOF, I have hereunto set my hand this 25th day of January, 1 ~382. fC/ O~l '~ ` ' ~'~b'rn//w !i SECRETARY, ANAHEIM CITY PLANPlIN.r, C~MMISSION PC82-fi