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PC 78-197_. __._.._.__. ...... _ _.. .... .. ._._ RESOLUTION N0. PC78-197 A RESOLUTIOtI OF TfIE ANAHEI,M CITY PLANNING CONHISSIOt~ TIIAT PETITION FOR CONDITIO:IAL USE PERNIT N0. 1869 BE GRAflTEO Petition orRConditionalAUseePmrmitcfrom~FOREST LAti~CEMETERYdASSOCIATION~ 1712rSouth Glendale Avenue, Gle~dalc, CA 412~9, owner, and BEARD DEVELOPMENT CO., 4121 Westerly Place P105, ~~ewpor[ Beach, California 92E60, and SA~~TA ANITA DEVELOPNENT CORP,, P, p, Box 1380, Nerrport Beach, CA 92660, a9ents. o` certai~ real property situated in the City of Anaheim~ rounty of Orange. 5[atc of California, described as: PARLEI A- COMMERCIAL SfTE - BEING A PORT101~ OF PARCEL 2, IN THE C T OF AtiAIiEIM, COUt~TY OF ORANGE, STATE OF LALIFORNIA, AS SHOWr~ ON A PARCEL MAP FILED IN BOOK 66, PAGE 47 OF PARCEL MAPS IN THE OFFICE OF THE COUN?f RECOROER OF SAID COUtJTY; DFSCRIBEO AS FOLLOWS: BEGINf11NG A7 THE NORTIIEAST CORNER OF SA10 F'ARLEL 1, SAID CORNER BEING THE LENTERLIf~E It~TERSECTiON OF ROHtlEYA ORIVE (NEST) AtJ~ EULLID AVENUE; TNEIlCE 50° 02'23"W 528.00 FEET ALO~JG THE GEHTERLINE OF EULLID AVENUE; TI1EfIf,E `i89° 55'37"u 3~'S.00 FEET; THENCE NO° 02'23"E 125.00 FEET; THE~ICE N84°55'37"W 20.00 FEET; THENCE 1~0°02'23"E 403.OQ FEET TO T4E CENTERLI~IE OF ROHNEYA DRIVE; THEGCE ALOYG SAID LENTERLIHE 589°SS'37"E 3G5.00 fEET TO THE POINT Of EEGtttNING. EXLEPTItIG 'fNEREFROH TtlOSE PORTIOtIS uITH ROMNEYA DRIVE A~~D EUCLID AVENUE. AS Sfi01R1 OI! SAID PARCEL "1AP. Pf.RLEL B- MULT~PLE RESIDE~ITIAL SITE - BEING A PORT10~! OF PARi:EL 2, Itl HE CI Y OF A~~AHEIM, COUN Y OF ORANGE, STATE OF CALIFORNIA, AS SHONN ON A PARCEL MAP FILED IN DOOY, 66, PAGE 47 OF PARCEL MAPS. IN THE OFFICE OF THE COU~7TY RECORDER OF SAID COUNTY~ DESLRIBED AS FOLL04/5: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL 2, SAID CGRNER BEING THE GENTERLINE INTERSELTIOt~ OF ROMNEYA DRIVE (WEST) AND EULLID AVEIIUE; TNE~ICE SO°02'23"N 528.00 FEET ALOHG THE CEt7TERLtidL OT LUCLtD i,VENUE; THENCE N89°55'37"W 3t+5.00 FEET TO THE TRUE POtNT OF BEGINNINf,; TlfEFICE NO°02'23"E 125.00 FEET; THENCE N89° 55'37"H 2O.OQ FEET; THENCE NO° 02'23"E 403.00 FEET TO THE CENTERLINE OF R~MNEYA DRIVE; THENCE ALONG SAID CEHTERL(NE N$9o 55'37"N 455.00 FEET TO THE NORTHWEST CORHER OF SAID PARCEL 2; TFIENCE ALONG THE 41ESTERLY PARCEL LINE THEREOF SO°02'23"w 523.00 FEET; THENCE 589° SS'37"E 475.~0 FEET TO TNE TRUE POINT OF ESEGINNING. EXCEPTIf1G THEREFROM THAT PORT1011 IIICLUDED 111THIN ROMNEYA DRIVE~ AS SHOWN ON SA10 PARCEL MAP, NtiEREAS~ the Cicy Planning Commission dId hold a public hearing at the Ci[y Hall Tn the City of AnaheTn on Augus[ 28~ 1Q78, at 1:30 p.m.~ notice of said publ(c hearing having been duly given as required by law and in accordance wTth the provisions of the Anaheim Munlcipal Code~ Chapte~ 18.03, to hear and consfder evidence fer and against said proposed conditTonal use and to investigate ,nd make ftndings and recommendations tn connectton there-+iLh; and uf1EREAS~ said Commission~ after due inspection, Investigation and study made by itself and tn its behalf, and after due consideration of all evidence and reports offered at saicl hearing~ does find and dete~mine the following fac[s: PC78-197 i. That the proposed usc ts properly one fo~ whlch a condltional use permit is authorized by Anaheim Municipal Cocfe Section 18.4k,050.300 to ait: to permit a drive-through restaurant. 2. That the proposed use Is hereby granted subject to the petittoner's stipulation that a conttnuous 6-foot high masonry wail will be constructed on the property line separattng the sub)ect commercial development and the proposed apartment compiex to the west. 3. Tha[ the proposed use alll not adversely affrct the adJoining land uses and the growth and development of the area in which it Is proposed to be located. 4. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular arca nor to che peacc, hcal[h, safety, and general +relfare of the Citizens of the City of Anahcim. 5. That the granting of the Condittonal Use Permit under the conditions imposed, if any~ will not be detrimental to thc peace, health. safety and general welfare of the Cttizens of the City of Anaheim. 6. That no one indtcated their presence at said public heartng in opposition; and tha[ no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPA[T FINDING: That [hc Anohein City Planning Cor,mission has reviewed the propusa to reclassi y portton A of subject property from the RM-1200 (RESIDENTIAL, NULTIPLE-FAtiILY) to [he CL (COMHERCIAL, IINITED) zone to permit a drive-through restaurant on a rectangularly shaped parcel of land consisting of approximately 3,3 acres located at the southh~st corner of Romneya Drive and Euclid Street, having approxima[c frontages af 312 feet on thc south sidc of Romneya Drive and 472 feet on the west side of Euclid S[reet;b to construct a 120-unit apartment complex with waivers of minlmum floor area and required enclosure of carports on portton B idenilfied as a rectangularly-shaped parcel of tand consisting of approximately 5.0 acres having a frontage of approximately 455 feet on the south sfde of P,omneya Drlve, havln~ a mar.lnum dcpth of 472 fceL and being locaLed ~pproztma[eiy 365 feet west uf the centerline of Euclid Stree[; and does hereby approve the Hegative Declaration from the requtrement to prepare an environmental impact report on the basts that there would be no s(an(ftcant individual or cumulative adverse environmental impac[ due to the approval of this Negative Declaratton since the Anaheim 6eneral Plan destgnates the subject property for commerciaf professional land uses commensurate with the proposal; tha[ no sensftive environmental impacts are involved in the proposal; that the Initial Study subnitted by the peti[toner indlcates no signtficant indivtduat or cumulative adverse environmental impacts; and that the Negative Ueciarat(on substantiaiing the foregoing findings Is on file tn the CTty of Anaheim Planning Department. NON, THEREFORE~ BE IT RESOLVED that the Anahelm Ci[y Planning Cammissfon does hereby grant subJec[ Petitton for Conditional Use Permit. upon the following condttlons Nhich are herehy found to be a necessary prerequisice to the proposed use of the subject property in order to preserve the safety and general welfare of the Citlzens of the Ctty of Anaheim: 1. That this Conditlonal Use Permit is granted si5ject to the canpletion of Reclassification No. 78-7?-10, now pendtng. -2- PC78-197 M.; f i I 2. That subject property shall be developed substantially in accordance wi[h plans and speciflcatlons on file wTth the City of Anahetm marked Exhibit Nos. 1 through 8; provided, however, tnat a continuous 6-foot higi~ masonry block wall shall be constructed on the property ii~e separating the subject cortmercial development and the proposed apartment project to the wes[; and that access to the property shall be provided in accordance with Exhibit No. 8 only. ElE IT FURTIiER RESOLVED that the Anaheim City Plannin9 Commission does hereby find and determine that adoption of this Resolution is expressly predlcated upon applicant's compliance o~ith each and all of Che conditions hereinabove set forth. Should any such condition, or any part thereof, be declared l~valid or unenforceable by the final judgment of any court of competent Jurisdiction, then this Resolution, and any approvals heretn coniained, shall be deemed null and void. THE FOREGOItJG RESOLUTION is signed and approved by me this 28th day of August 1978• ~ -~ / ~~ ~. CH RMTN; AN/[HEf1'~CITY PCANt71NG COMMISSION ATTEST: ~~ ~ SECRETARY, A~!^~iiEIM CITY PLAI~COMI115510N STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) f, Edith L. Harris, Secretary of the Anaheim Ctty Planning Cortmission, do hereby certify that the foregoing resolution was passed and adopted at a mee[i~g of the Anaheim City Planning Commtssion held on August 28, 1978, at 1:30 p.m „ by the following vote of thc members thereof: AYES: COHMISSIONERS: BARNES~ QAVID, HERBST, JOHr~50N, KING, TOLAR NOES: COMMISSIOP~ERS: NONE ABSENT: LOMMISSIONERS: LIt7N 1978. IN IJITNESS WHEREOF~ I have hereunto set my hand this 28th day of August ~~C .~ ~1~,~.; SECRETARY, AP7AHEfM CITY PLANNING COMMISSiON -3- PC78-t97