84R-300
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RESOLUTION NO. 84R-300
A RESOLUTI~N OF THE CITY COUNCIL OF THE CITY
OF ANAHEIMiGRANTING CONDITIONAL USE PERMIT
NO. 2590.
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WHEREAS, t~e City Planning Commission of the City of
Anaheim did receive ~n application for a conditional use permit
with a waiver of cer~ain provisions of the Anaheim Municipal Code
from ATHANASIOS NICKi FOSKARIS and EFFIE A. FOSKARIS, owners, to
permit on premise sa~e and consumption of beer and wine in an
existing drive-throuth restaurant upon certain real property
located within the C. ty of Anaheim, County of Orange, State of
California, legally ~escribed as:
BEGINNING AT TH& SOUTHEAST CORNER OF LOT 14 IN BLOCK
36 OF YORBA LIN A TRACT, IN THE COUNTY OF ORANGE,
STATE OF CALIFO lA, AS SHOWN ON A MAP THEREOF
RECORDED IN BOO~ 5, PAGES 17 AND 18 OF MISCELLANEOUS
MAPS, IN THE OFfICE OF THE COUNTY RECORDER OF SAID
COUNTY; THENCE ~ORTHERLY 180 FEET ALONG THE EASTERLY
LINE OF SAID LOt; THENCE WESTERLY 145 FEET PARALLEL
WITH THE SOUTHE~Y LINE OF SAID LOT; THENCE SOUTHERLY
PARALLEL TO SAlP EASTERLY LINE, 180 FEET TO THE
SOUTHERLY LINE bF SAID LOT; THENCE EASTERLY 145 FEET
TO THE POINT OF' BEGINNING; and
WHEREAS, tpe City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and ~he provisions of Title 18, Chapter 18.03 of
the Anaheim Municipa~ Code; and
WHEREAS, S~. lid Commission, after due inspection,
investigation and st' ies made by itself and in its behalf and
after due considerat'on of all evidence and reports offered at
said hearing, fai1ed1to act upon said app1ication due to a tie
vote among its membe~s; and
WHEREAS, s~id application was forwarded to, and
reviewed by the. Ci tyi Council pursuant to the provisions of
Section 18 of the An~heim Municipal Code at a duly noticed public
hearing; and
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WHEREAS, a~ the time and place fixed for said public
hearing, the City Copncil did duly hold and conduct such hearing
and did give all perlsons interested therein an opportunity to be
heard and did receiv~ evidence and reports; and
WHEREAS, t~e City Council finds, after careful consi-
deration of all evid~nce and reports offered at said hearing,
that:
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1. The propos,d use is properly one for which a conditional
use permit is authorlzed by the Anaheim Municipal Code.
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2. The propos~d use will not adversely affect the adjoin-
ing land uses and th, growth and development of the area in which
it is proposed to be located.
3. The size a~d shape of the site proposed for the use is
adequate to allow th~ full development of the proposed use in a
manner not detriment~l to the particular area nor to the peace,
health, safety and g~neral welfare.
4. The traffip generated by the proposed use will not
impose an undue burd~n upon the streets and highways designed and
improved to carry th~ traffic in the area.
5. The grantip9 of the conditional use permit under the
conditions imposed w~ll not be detrimental to the peace, health,
safety and general w~lfare of the citizens of the City of Anaheim.
AND WHER~, the City Council does further find, after
careful consideratio~ of all evidence and reports offered at said
public hearing befor~ the City Council regarding said requested
waiver(s), that all Of the conditions set forth in Section
l8.06.080 of the Anaheim Municipal Code are present and that said
waiver(s) should be ~ranted, for the following reasons:
1. The varianpe(s) will not cause an increase in traffic
congestion in the im~diate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance(s) under the conditions
imposed will not be aetrimental to the peace, health, safety or
general welfare of the citizens of the City of Anaheim.
NOW, THERE~RE, BE IT RESOLVED by the City Council of
the City of Anaheim ~hat, for the reasons hereinabove stated,
Conditional Use Perm~t No. 2590 be, and the same is hereby,
granted permitting on premise sale and consumption of beer and
wine in an existing drive-through restaurant on the hereinabove
described real prop~ty with a waiver of the following provisions
of the Anaheim Munic~pal Code:
SECTIONS l8.06.~50.02ll
18.06.050.0233
l8.6l.066.050
Minimum number of parking spaces
(72 spaces required; 61 proposed)
".....,.,
subject to the foll~ing conditions:
1. That the s~le of and dispensing of beer and wine shall
not occur via the d~ive-through window.
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2. That trash storage areas shall be provided in accordance
with approved plans on file with the Street Maintenance and
Sanitation Division.
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3. That the P~'PPosal shall comply with all signing
requirements of the '(SC) Zone, unless a variance allowing sign
waivers is approvedy the Planning Commission or City Council.
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4. That subjef~ property shall be developed substantially
in accordance with p~ans and specifications on file with tne City
of Anaheim marked Exhibit Nos. 1 through 3.
5. That prior to the commencement of the activity
authorized under thi. resolution, or within a period of one year
from the date of thi~ resolution, whichever occurs first,
Condition Nos. 2 and! 4, above-mentioned, shall be complied with.
Extensions for furth,r time to complete said conditions may be
granted in accordanc~ with Section 18.03.090 of the Anaheim
Municipal Code. '
BE IT FURTaER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon appl~cant's compliance with each and all of the
conditions hereinabote set forth. Should any such conditions, or
any part thereof, befdeclared invalid or unenforceable by the
final judgment of any court of competent jurisdiction, then this
Resolution, and any ~pprovals herein contained, shall be deemed
null and void.
THE FOREGOJ~G RESOLUTION is approved ~nd adopted by the
City Council of the City of Anaheim this 3ls dayof 1984.
ATTEST:
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9/10/84
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STAIE OF CALIFOJQUA) I
COUNTT OF ORANGE, ) ss. I
CITY OF AlWlEIM ) i
~heL;:.....:~ ;iu~~: ;~~' ~":~3~~ ~..~ti"i;o=:~dd~d:;~.:~Y.,~e~t~~t
meet~ provided by law, of the City Cquncil of the City of Anaheim held on
the 31st day of July, 1984, 'y the following vo'te of the members 'thereof:
AYES: COUNCIL KEHBERS1 Kaywood, Bay, Overholt, Pickler and Rbth
NOES: COUNCIL MEMB~S~ None
ABSIDq;:
CO~IL MEMBlRS None
AN>> I ;FURIHBJ ce~tify tbat,e Mayor of the City of AnAheim signed said
Reao~ion No. 84R-300 OIl . 31_t day of July, 1984.
IN WItNESS WHEREOF, I have ereunto set .y hand and affixed the seal of th~
City of Anaheim this 31st d Y of July, 1984. .
t1~~~~
(qAL)
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I,.......L..... O~ N.. S.qHJ." City C*' 'I.k of the. City of Anahe.. 1., dO. hereby certify that
t~e f.repiq i.- the ori&! '. of Resolution No. 841.-300 duly passed and
adOpted by the Anaheim City tounci1 on July 31, 1984.
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CITY CLERK
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