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PC 78-34~ R[SOLUTIOW N0. PC73-3u A RESOLUTIQN OF THE ANAHEI!1 CITY PLANf~I?~!; COMNISSIOq TfiAT PETITION FOR CONDITIO~lAL USE PERMIT t~0. III~~~ BE D[NIED WF4EREl15, [he Anahelm City Planni~g Commission did receive a verified Petition for Conditional Use Permit from Y.0!ISTA.tiTIt~05 NAt~aAS, ET AL, 910 South Euclid Street, Anaheim, California, 92802, orrners, and ELENI M. POUKIDIS, 5F2 Thalia StrEet Suite B. Laguna Beacfi, California 92G51 2%3n5, aqent, of certain real proper[y situated in the City of Anaheim, County of Oranae, S[atc of California, described as: ~o[s 46, 1i7, 43 and 49 of Tract tlo. 231~n as per nap recorded in Book 83 Pagcs 19 and 20 of Iliscellancous P1aps, Records of said Orange Caunty. WHEREl~S, thc City Plannina Commisslon did hold a ouhlic hearinq at the City Hall in ttie City of Anaheim on Fehruary 27, 1°73, at 1:3n p.~., notice of said pubiic hearing having been duly given as required by lao-i an~1 in accordance with the provisions of ihe Anaheim tlunicipal Code, Chaoter 1c3,03, to hear and consider evidence for and against said pro~osed conditional use and to investigate and make findings and reconmenciations in connection therewith; and WYE4EA5, said Commissio~, af[r..r dur_ insocction. investiaation and study made by itseif and in its hehalf, anJ after due consideration of a11 evidence and reports offered at said hearing, docs find and dctermine the following facts: 1, That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 1b.4h,n5o,30^ to wit: to permit a drive-through restaurant ~•~ith waiver of: SECTIO~~ 18.44.064,011 - Reauired block wall. oot hiqh masonry wall required alon~ B~acon Street; none aronosed) 2, That thz proposed use is hcreby denled on the basis that it is a generai ccxnmercial land use and Lhe Anaheim General Plan designation for the subject property is conmercial professlonat and the oroposed drive-through restaurant oiith vehicular access onto Beacon Street would ~ot be comFatible with thc nearby sinGle- family residences and orould be d~trimental to said residences. 3, That the proposed waiver of required hlock rrall is hereby denied on the basis that praposed use ts hereby denied, chcreby climinatinc~ the nced for requested waiver; and that subJect propertv does n~t differ from ~ther ~roperty in the same zone and vicinity as to size, shape, topo~raphy, ~~+~atlon, or surrounding,, t{, That the proposed use witt advrrsclv afr~ct the adJotning land uses and the growth and deveiopment of the area in ~rhich it is aroposed to te lacated. 5, That the stze and shape the site pronosed for the use is not aJequatc to allow the full developnent oF thr_ proposed use in a manner not detrimental to the particular area nor to the peace. health, safety. and general welfarc of thc Cittzens of the City of An~heim, Pc78-34 , ~ ~, 6. That the grantiny of the Gonditional Use Pcrmit wlll be de[rimental to tfie peace, health, s~fety and gcncral ti~lfare of thc Citizens of tlie CiCy of Anahetm. 7. That apProximately !sl persons indicated their presence at said pubiic hearing in opposition. ENVIRONMENTAL IyPACT FIDIDINGS: That the Anahcim City Planning ~~mission has reviewed the subject proposal to reclassify the zoning from RS-7~~~ ~qESIDENTIAL, SINGLE-FAHILYj to CL (COMHERCI~L, L R11TE0) on a rectangularly-shaped parcel of tand consisting of approximately O.o acre located at the southeast corner of Beacon ~venue and Euclid 5[reet, having approxina[e frontages of 247 fer_t on the souch side of Beacon Avenue and 110 feet on the east side of Euclid Street; and does hereby approve the Negative Deciaration from the requirement to orepare an environmental impacC report on the besis [hat there orould be no significant individual or cumulative adverse environmental impact due [o tf~e approval of this Nega[ive Declaration since the Anaheim Ge~eral Plan designates the subJect Rroperty for comemrcial, professional anJ low-density residential land uses cornmensurate r,ith thc proposal; that no sensitive environmPntal impac[s are involved in the ~roposal; that the Initiai Study submicte~ by the petitioner indicates no significanc individual or cumula[ive adverse environmen[al impac[s; and that the Ne~ative Declaration substantiating the foregoing findings is on file in the City of An~heim Planning Deoartnent. MON, THEREF02E, BE IT RESOLVED tha[ tfie Anaheim Lity Planninn Commission does herehy deny subject Petition for Conditional Use Permit on thc b~sis of the aforementioned findings. TlIE FOREGOIt1~ RESOLUTION is 519ned and aporoved by me this 27Lh day ~f february, 1973. i~~~",~G~.~-f~ ~ L A I!lt1AN ~ ANl11!E I'1 C I TY LA~~~~ ~~,~,1155 I OPI AT7EST: ~~,~~~ ~ ~ SECRETAR ,~ ANAHE I'i C I TY PLAt~N I t~G COMM I SS I Od STATE OF CAtIFOR~~IA ) COUI~TY OF ORAlJGE 1 ss. CITY OF Jt~1AfIEIN ) I, Edith L. Harrls, Secretary of the Anaheim City Planning ~~Zssion. do hereby certify that the foregoina resolution was passed and adopted at a meeting of thc Anaheim City Planning Commission held on February 27, 1'~73, ac 1:3~ p•m•. by the followina vote of the members thereof: AYES: COt1MI5510~~ERS: BAR~IES, DAVID~ HERBST, JOHPISOtI, KI~I(;, TOLAR NOES: COM`tI5510~~ER5: tlONE ABSENT: LO'1HISSIONERS: LINN IN l1ITNE55 WHEREOF, I have hereunto set my hand this ?.7th day of February, ~97s. ~ . -2- PC7~-3~i