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97-224RESOLUTION NO. 97R -224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 3253 AND AMENDING RESOLUTION NO. 90R -353. WHEREAS, the City Council of the City of Anaheim heretofore adopted Resolution No. 90R -353 approving Conditional Use Permit No. 3253, subject to certain conditions specified therein; and WHEREAS, the conditions of approval of said Conditional Use Permit No. 3253 were heretofore amended by action of the Planning Commission by the adoption of Resolution Nos. PC94 -65, PC95 -160 and PC96 -123; and WHEREAS, the permittee has now requested an additional amendment to certain of said conditions of approval; and WHEREAS, the City Council held a duly noticed public hearing on November 18, 1997, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, the City Council hereby finds and determines that the amendment of said conditions of approval in the manner hereinafter set forth is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under said Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval heretofore imposed in Conditional Use Permit No. 3253 be, and the same are hereby, amended by the amendment of Condition No. 37 as set forth in Resolution No. PC96 -123 to read as follows: "37.The total area of restaurant uses shall not exceed twenty six thousand forty (26,040) sq.ft. and shall be limited to the following: Juice Bar (Space #135) 10 customer seats or less 1,300 Fast Food restaurants with 10 customer seats or less 1,612 sq.ft. Fast Food restaurants with 11 customer seats or more 4,442 Restaurants with table service 5,779 Restaurants with outdoor seating 12,907 s.f. sq.ft. total sq.ft. total total sa.ft Required parking: 5.5 spaces per 1,000 sq.ft. total Required parking: 8 spaces per 1,000 sq.ft. Required parking: 8 spaces per 1,000 sq.ft. total Required parking: 16 spaces per 1,000 sq.ft. Required parking: 5.5 spaces per 1,000 sq.ft. BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. 90R -353, as heretofore amended, shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of November, 1997. Restaurants requiring less parking may be substituted for restaurants requiring more parking (i.e., a restaurant with table service may occupy space entitled for a fast food restaurant with 11 customer seats or more)." CITY CLERK OF THE CITY OF ANL IM 0025095.01 2 MAYOR OF THE CITY OF AHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 97R -224 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 18th day of November, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR /COUNCIL MEMBERS: None ABSENT: MAYOR /COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -224 on the 18th day of November, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th day of November, 1997. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -224 was duly passed and adopted by the City Council of the City of Anaheim on November 18th, 1997. CITY CLERK OF THE CITY OF ANAHEIM