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PC 85-85RESOLUTION N0. PC85-85 A RESOLUTION OF TNE ~NAHEIM CITY THAT PETITION FOR CONDITIONAL pL~NNING COM GSE PERMIT Nq, MISSION 2675 BE GRANTED WHEREAS, the Anaheim Ciky plannin Petition for Conditional 9 ~~~i~sion LARRY FISHMAN, 505 North U~e Permit from THE did receive a verified i'ustin EUCLID-ROMNEYA COP1PANy~ ATTN: owner and ~EFF BchhNS Avenue, gZlg a ~ 1252 North ~ Santa Ana, Califot~ia gZ~QS~ ~range f Staterotl~al focnia~pdescrib a~ ed ntr~he, Ci~~ho~m'Anaheimornia 9i.801, as: . County of LOTS 1~ 2, 3~ 4 AND 5 OF TRACT N0. 3396 THEREOF RECORDED IN BOOK Zzl, pAGES F~APS . AS SHOWN ON A MAY . RECOgp;, 7F SAiD ORANGE COUNTY, 8 AND 9, MISCELLANEOUS EXCEPT THAT FUR1'IpN rHEREOF INCLUDED WITHIN DE$CR.IBED LAND: THE FOLLOWING BEGINNING AT TNE uOUTHWEST CORNER OF THE NORTHWEST THE SOUTHWEST Q~NRTF,R OF SECTION 4, TOFiNSHIp q WEST~ AS SHOWN QUARTER OF 42~ 57~ SAID MAP OF TRACT N0. SOUTH~ RANGE 10 EAST 203.00 FEET ALONG TNE SOUTHER;,yHENCE SOUTH g9~ NORTHWEST QUARTER; THENCF: NORTH p~ ~, LINE SAID OF 89°A 42 L~~ITH TH~ WESTERLI LINE ~~ 23~ EAST 180.00 pgFT SEr_q~IpN. THENCE SOUT03.00 FEET TOF T EIDWESTEROy ~ LTHENCE NORTH O~ gECItrldISG, H 0 02 23" WEST 180,U0 FEET TOE ~F S~ID THE POINT WH~'REhS, the City planning Commission did .:he Civic Center in the City of Anaheim on A of said hold a public hearing ~~ public hearing havin Ptil 1, 1985, at 1:30 accordance with the 9~een duly c~iven P•m•. notice to hear and Arovisions of the as re4uired by law and consider evidenc A~~heim Municipal Code iR permit and to investi e for and against said ~ Chapter 18,~3~ therewith; and 9ate and make findin s Proposed conditional 3 and recommendations ube in connection WFIF.Rg1~g~ ~.j;d study made `-011~~nlssion, after due evidence andY lPse~~ ofaerP its beha:g inspection, investi re crts • a~d after due cons' 9ation and foilowing fact~; d at said hearin lderation of all 9, does find and determine the 1• Z'hat the proposed use is properly one for permit is authorized by Anaheim Muni~ipal Code Section to permit on-~ which a conditional use following; ale beer and wine in an existin 18•44.050,010 9 restaurant with waivert~ Wit: of the SECTIONS 18.06.050.0231 - Minimum number ag 18.06.080 ~rkin AtJD 18. (?3Z soaces te uired; S aces 44.G66.050 exis- ty- 9 q 181~aces 2• That the forementior.e the parking variance will not ~ d Waiver is hereb immediate vicin' a~se Y 9ranted on the basis that lty nor adversel d° increa^e in traffic 9runting of the y affect ~~n9estion in the parking variance a~Y adjoining land uses; and that tne r,ot be detrimental to under the cor~ditions citizens of the Cit the peace, health imposed Y of Anaheim. ~ Safety or ' if a~Y. will #0483r 9eneral welfare of the .~~.._____ - - _ PC85-85 _ 3. That ~~he propose~ use wil:l not adverse!.y affect the adjoining land uses and the gr~wth and development of the area in which it is Froposed to be located. 4. That the size and shape of the site proposed for the use is adequate to allow the iull development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare uf the Citizens of the City of Anaheim. 5, ihat the granting of the Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of ~he Citizens of the City of Anaheim. 6. That the traffic generated by the propused use will not impose an undue burden upon the sl•reets and highways designed and improved to carry the traffic in the area. 7. That 5 p~rsons indicated their presence at said public hearing in opposition; and that no currespondence was received in opposition to the subject petition. ENVIRCiJF1ENTAL IFiPACT FINDING: That the Anaheim City Planning Commission Pias reviewed the proposal to permit on-sale b~er and wine in an existing restaurant with waiver of minimum number of parking spaces on an irregularly-shaped parcel of land consisting of approximately 2.8 acres located north and east of the north~ast corner of Romneya Drive and Euclid Street and further described as 1252 North Euclid Street; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study a~d any comments received that there is no substantial avidence that the project will have a significant effect on the enviro~iment. NOW, THEREFORE, BE IT RESOLVEU that thA Anaheim City Flanning c:ommission does hereby grant subiect Petition for Conditional Use Permit, upon the following conditions which are hereby iound to be a necessary prerequisite to the proposed use of L•he subject property in order to presecve the safety and general welfare of the Citizens of the City of Anaheim: 1. That trash storage areas shall be repaired and maintained in accocdance with approved p.lans on file with the Street Maintenance and Sanitation Division. 2. That the owner of subject propecty shall ~ay to the City of Anaheim a fee for tree planting pucposes along Euclid Street and Romneya Dri,ve in an amount as determined by the City Council. 3. Tnat the proposal shall comply with all signing requirements of the CL Zone, unless a variance a3.~owing sign waivers is approved by the Planning Commission or City Council. 4. That no alcoholic beverages, except beer and wine shall be sold or consumed on the premises of the subject restaruant. 5. That subject property shall be developed substantially in accordance ~ with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. '~+ -z- PC85-135 l° .. _ _ > ::~ ~ G. That prior to the commencement of the activity authorized ander this resolution, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2 and 5, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accocdance with Section 18.03.090 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that ttie Anaheim Ci:y Planning Commi~sion does hereby find and determine that adoption nf this Resolution is expressly predicated upon apolicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, cr any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein i' contained, shall be deemed null and void. }!`, TH° FOREGOING RESOLUTtON is signed and a proved by me this lst day of April, 1985. - ~~ ~i -~sL ~^~ CHAIRM~AN, ANAHBtM G~ITY PLANNING COMINISSION ATTEST: -~~ ,~ ,~~ SECF2E7.'A Y~ ANAHEiM CITY PI,ANNING C0~•fi~tISSION STATE OF CALZI'ORNIA ) COUNTY OP ORANGE ) ss. CITY OF ANAIiEIM ) i~ Edith L. Harris, Secretary of ~he Anaheim City planning Commission, do hereby certify that the foregoing resolutio;~ was passed and adopted at a meeting of the Anaheim City Planning commission held on April 1, 1985, by the followim- vote of tho members tt~ereot: AYES: COt9MISSIONERS: BOUAS, AUSHORE, FRY, HEF,BST, KING, LA CLAIRE~ MC BURNr^,Y NO~;S: COMFIISSIONEHS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto seL• my hand this lst day of April, 1985. (O ~,C,(~ ~ -C~(-~(~,~-i SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -3- PC85-85