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PC 85-136RESOLUTION NO. FC85-1.36 A RESOLUTIOPI OF THE ANAHEIFf CITY PLANNING COMMISSIUi1 THAT PETITIUN FOR CONDITIONAL USE PERMIT N0. 2682 DE GRANTF.D Wf1EREAS, the Anaheim City Planning Commission did rece' verified Petition for Conditional Ose Permit from ANAHEIhI CENTER 2716 Oc lve a ean Park Bouievard, Santa Monica, CaliEornia COMPANY, h1iCHAEL p, pl~y,REN, c/o CGB-VAL 90405, owners Oran~e, California 92665 ~ IN~'' 1y40 Nurth Tustin Avenue ' and the Cit (a9ents) uf certain reyl ~ 5100, y ot Anaheim, County oE Orange, State of CaliFocnpa,tdeac ih d asin PAI2CEL A: PARCEL 6, AS SHOWN GN A FARCEL MAP FILED IN BOOK 146 PAGES 27 TO 29 INCLUSIVE OF PARr_EL MAPS, IN THE OFFICE OF THE COUNTY RE;C~RDER OF SAID CpJNTY. F'ARCEL g; ~ MU'1'UAL RECIPROCAL AND l~GN-EXCLUSIVE EASEMENT AS i90RE PARTICULARLY DESCRIBED Tf1EREIN OVER FARCELS 1~ ~ AND 5, AS SHOWN ON A PARCEL MAP FILEU IN EOOK 148, PAGES 27 Tn 29 INCLUSIVE OF PARCEL MAYS, IN THE OFfICB OF' THE COUNTY~ AS SET FUR1'H IN AN INSTRUMENT RECO.DED DECEMRER 31, 1973 IN BOOK 13453, PAGE 82 OFFICIAL RECORDS, AS AMENDED BY AN INSTRUMENT RL•'CGRDED NOVEMBER 7, 1980 IN BCYJK 13826, PAGE 218 OFFICIAL i2ECOdDS. WEIEREAS, the City planning Commission did hoid a public hearing at the Civi~ Center in the City of Anaheim on May 29, 1985, at 1;30 p,~;,~ notice of said pub'Lic hea;ing having been duly 9iven as required by law and in accordance with the provisions ef the Anaheim Municipal Code, Chapter 18,p3, to hear and consider P~~d,,.,,.,_ ~~!'Pp5^~ ~onditiuuai use permit and to i.mvestigate~and make ~find ngssand recommendakions in connection therewith; and W[iEREAS, said Commission, after due inspection, investigation and study made by itcelf and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: conditional~ That the proposed use is properly one for which use permit is authori2ed by Anaheim Municipal Code Sectio^ 18.44.05U.p10 to wit: to permit on-sale beer and wine in an existing drive-through restaurant with waiver of the following: SECTIONS 18.05,p5p,p?Z _ Minimum number of arkinq~PS. 18.06.050.0221 (678~CeS reyuired; 558~ p~~~s existinr,j 18.06.050.0231 18.06.080 AND 1A.44.-,050 0542r PC85-136 2. That the proposed use is hereby gcanted on the uasis that the petitioner stipulated at the public hearing that t~eec and wine will be served in non-disposable glassware containers and that no beer and wine will tie served through the drive-Lhrough facility. 3. That the proposed use will not adversely affect 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 Eor the use is adequate to allow the full development of the proposed use in a manner not detrimental to tiie particular area nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 5. That the granting of the Conditional Ose Perm.it undez the conditions imposed, if ar.y, will not be detrime~tal to the peace, health, safety and general we.lfare of the Citizens of the City of Anaheim. 6. That the t~aFfic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 7. That no one indicated their presence at said public heacing in opl~osition; and that no correspondence was received in opposition to the su~~j?ct petition. EN6'IRONMENmAL iP'PACT FINDING: That the Anaheim City Planning Comraission h~.s reviewed the ?roposal to permit on-sale beer and wine in an existing dri~~e-through resta~~rant with waiver of minimum numbec of packing spaces on an ircegularly-:>haped parcel of land consistinq of approximately 0.5 acre located at the southeast cocner of Lincoln Avenue and Clementine Street, and further described as 290 West Lincoln Avenue (California Chicken); and does hereby approve the Neyative Declaration upon `inding that it nas considered the Negative Declaration togetFer with any comments received during Lhe puhlic C~V]nW oror_ec~ and fUYYhnf f9n~3•'n~ n.. rh~ ha~is of th~ ±r.ftfaZ study and any conments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Aaaheirn c'ity Planning Commission does he°eby grant subject Petition for Conditional Use Permit, upon the following conditions which ace hereby found to be a necessary prer?quisite to the pcoposed use of the subject pcoperty in order to pre~::ve the safety and yenecal we:fare of the Citizens of the City of Anah~im: 1. That the sale of and dispensing of beer and wine shall not occur via the cirive-through window, and ::ucl~ sales shall be only in nun-disposable 9lassware to sit-down customers. 2. That trash storage areas shall be provided and maintained in accordanc~~ with approved plans on file with the Street Maintenance and Sanitation Divisa.on. 3. That the proposal shall comply with all signing reguirements of the CL 2one, unless a variance allowing si.gn waivers is aporoved by the Planning ~ommission or City Council. -2- PC85-136 h• That no alcoholic beverages, except. beer and wine shaZl be sold or consumed on the premises of the subject restaurant. 5• That subject pro~erty shall be developed substantially in accocdance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 6• That prioc to the commenc~me~t of the activity authorized under this cesolution, oc within a period of one year from the date of this resolution, whict~ever occurs tirst, Condition Nos. 2 and 5, above-mentioned, sl~all be complied with. Fxtensions for further time to complete said conditions may be gcanted in accordance with Section 1H.u3.09U of the Anaheim Municipal Code. HE I'r FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and dE:termine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinatove set forth. Should any such conditions, or any parc thereof, be declarec invalid or unenforceable by the final judgment oE any court of competent jurisdictir~n, then this Resolution, and any approvals herein contained, shall be deemed null and void. T[iE FOREGOING RESOLUT;ON is signed and apYtovQd by me this 29th day of May, 1985. / _ _ ~ /! f~ __._...~ %/ / c,~ ~ ~~1--•l G CIiAZP.MAN, ANAHE T ITY PLANNING COFIMISSIUN ATTEST: ~ ~' C' ,' L, .; i;~'L L : SECREI'ARY, ANAHEIM CI1'Y PLANNINC COI,MISSIOPI STATE OF CALIFORNIA ) CQi;:7m: CF C::„I~c;i I ss. CZTY OP ANAHEIM ) I, Edith L. Harris, Secretacy of the Anaheim City Planning Conmission, do hereby cettify that the foregoiny resolution was passed and adopted at a meeting oY the Anaheim City Planning Commission held on May 29, 1985, by the following vote of the membecs thereof: AYE;S: COMMISSIONERS: BUUAS, PRY, HERBST, KING~ LA CLAIRE, MC BURNEY NUES: CUPIMISSIONERS: NUNE ABSENT: COMFSZSSIONERS: BUSHORE IN WZTNESS WHEREOF, I have hereunto set my hand this 29th day of May, 1905. i / , .~ ~ _.,r ' . ;'- t.C.E .. ~-.LLi1~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 PC85-136