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PC 85-232RESOLUTIODJ PJG. p~CgS_232 A FtESOLUTIOPI OF THE ANAHEIM CITY PLANNING C0~9MISSION THAT PE?':TIOtJ FOR CONDI2'IONAL USE PERMIT N0. 2729 BE GRANT$D WHEREAS, the Anaheim City Y2anning Commission did receive a verified Petition for Conditional Use Permit from SYCAMORE PROPERTIES, 762 South Rancho Santa Fe Road; San Marcos, California 92069, ATTN: GEORGE KOOPMAPJ, owner, and kOY AYACHE, 1504 South Euclid Stceet, #A, Anaheim, California 92802, agent for certain real property situat;ed in the City of Anat~eim, County of Orange, Stete of California, described as: THAT PORiIOtJ OF LOT 4 IN BLOCK 12 OF 'SUBDIVISION OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 4 SOUTH~ RANGE 10 WEST~ SAN BEkNARDINO MERIDIAN, BETNG A FART OF THE FAIRVIEW COLONY TRACT~ it1 THE CITY OF ANAHEZPI, COUNTY OF ORANGE, STATE OF CALIFOkNIi:, AS PER MAY RECORDED IN BOOK 1~ PAGE 33 OF PtISCELLANGOUS D1APS, TN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT Tlic^ INTERSECTIGN OF TH$ NORTH LINE OF LOT 4 It: SAID BLOCK 12 EXTENDED WESTERLY WITH THE CENTER LZNE OF GARDEN GP,OVE HOAD 'NOW EUCLID AVENUE', AS SfiOWN ON SAID btAP; THENCE EASTERI,Y 210.00 FEET ALONG SP.ID WESi•ERLY EXTENSION AND THE SAID NORTH LI:IE OF SAID LOT 4; THENCB SOUTN 162.00 FEET PARALLEL `1'0 •3NE CtNTER LINE OF CF~RDEN GROVE ROAD; TH£NCE WEST 210.UU F::ET PARALLEL i'G THE NORTH LINE OF LOT 4, AND ITS WESTERLY EXTENSION TO A POINT iN THE CENTER LINE OF SAID GARUEN GItUVE ROAD, THENCE tJORTH 162,00 FEET ALONG SAID CENTER LINE TO THE PUINT OY BECINNIC7G. WHEREAS, the City Plunning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 28, 1985, at 1:30 p,m „ notice of said public heacing ha,ing been duly given as required by law and in accordance with the provisions of the Anaheim tdunicipal Code, Chapt~r )B,q3, t~ hear ind ~~~;;~,~~r ~~,~`„`t 1V1 d,~a ayainst said proposed condihional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Comt~ission, afte[ due :nspection, investigatiOn and study made by itself. and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.05.010 to wit: to permit on-sale beec and wine in an existing restaurant with waiver of: SECTZONS 18.06.050.0231, - t4inimum number oF oarkinq snaces. 18.06.0&0 (25 required; 22 propor~d) AND 18.44.066.050 Oti38r PC85-232 ~ 2. That the requeste~ waiver is hereby grant~d on th~ basis that the parking waiver will not cause an increa~e in traffic congestion in the immediate vicinity nor adversely affect any adjoinin9 land u~e~ and granting cf the earking waiver undee the conditions imposed, if any, will not be detcimental to the peace, health, safety and gene[al r~elfare of the citizen~ of the City of Anaheim; and on the basis that the request is minima.. 3. That the proposed use F•ill not adversely affect the a~joining land uses and Lhe g-owth and development of the area in which it is proposed to be located. 4. That the size and shape o[ the site proposed for the use is adeyuate to allow Y.he full development of the proposed u3e in a manner not detrimental to the pacticular area nor tc, the peaee, healtn, safety and general welfare of the Citizens of the City of Anaheim. 5, Thar. the g:anting of the Conditional Use Permit under the conditions imoosed, if any, will nor be detrimental to the peace, health, safety and genrcal welfare of the Citizenc of the City of Anaheim. 6- That the traffic ger.erated by the prop~sed use will not impose an undue burd?n upon the ~treets and highways designed and improved to catry the trafEic in the area. 7. That one person indicated her presence at said public hearing in opposit'_on; and that nc correspondence was received in opFosition to the ~ubject petiLiou. ENVIRONMENTAL IhtPACT FINUING; That the Anaheim City Planning Corunission has reviewed the proposal to permit on-sale beer. and w.ine in an existing restaurant wi~h a waiver oE minimum number of parking spaces on a cectangularly-shaped parcel of land cc.nsisting of approximately 0.42 acre located at the southeasc corner of Cerritos Avenue and Euclid Stceet; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments recei~~ed during the public review process and further finding on the basis of the initial study and any ^-^'"r^:.t" =~~c-':~d th.:t ~Lecc i~ i~u ~uustantial evidence thar_ the pcoject will have a significant effec~ on t.he environment. NOW, THEREFORF', BE IT RESOLVED that the Anaheim City Planning Comrnissiun does hereby grant subject Petition for Conditional Use Permit, upon the folluwing conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject propErty in ordec to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That trash storage areas shall be provided and maintained in accordance with appro~•ed pla~s on file with the Street Maintenance and Sanitation Division. 2. That subject property shall be developed substant.ia.lly in accordance with plan~ and spe~ifications on file with the City of Anaheim marked Exhibit No~. 1 and 2. 3. That prior to final building and zoning ir.~pections, Condition Nos. 1 and 2, above-mentioned, sh.ill be complied with. -Z~ PC85•-232 ~`^+l BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that ad~ption of this Resolution is expressly predicated upon applicant's compliance with each and a)1 of the conditions hereinabove set forl•h. Should any such conditions, or any part the~eof, be declared invalid or unenfocceable by L•he final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be dCemed null and void. THE FOREGOING kBSOLUTION is signed and approved by me this 28th day of October, 1985. C,~C~C.~(,...~ ~ ~l~iJ.~.c a ~ CHAIRWOMAN~ ANAHEIM CITY PLANNI[7G COMMISSZON ATTEST: / d1.e-~ ~ ~Q~~- SECRETARY~ ANAHEIM CITY PLANNING COr1yISSION STATE OF CALIFORNIA ) CGUN'PY OF ORALJGE ) ss. CITY OF ANAfiEiM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held or, october 28, 1985, by the following vote of the r~embers thereof: AYES: COMMISSZONERS: BOUAS, FRY, HERBST~ LA CLAIRE~ LAWICKI~ MC SURNEY PIESSE NOES: COt4MI5SI0NERS: NONE ABSENT: COPiMISSIONERS: NONE IN WITtdESS WHEREO[', I have hereunte set my hand this 28th day of Uctober, 1985. r ~ ~~71~ ~ ~i~i1~L1~- SECRBTAkY, ANAHEIM CITY PLA NING COMMISSION -3- PC85-232 ;<i