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Resolution-ZA 1991-12DDC~CN C~ ~ ?.CNII~3 ZA 91-12 HEARING DATE: March 7, 1991 PETITION: Cti1~IDITI~ IISE PII2I~IIT IAA. 3393 CEQA STATUS: Negative Declaration OPPOSITION: No one indicated their presence at the. public hearing in opposition and no correspondence in opposition was received. OWNER: INVESTOR REALTY COMPANY 1 Civic Plaza, Suite 100, Newport Beach CA 928045 AGENT: BAMBINO'S RISTORANTE 1731 WEST Katella Avenue, Anaheim CA 92804 LOCATION: X731 West Katella Avenue REQUEST: Petitioner requests approval of a conditional use permit under authority of Code Section Nos. 28.12.050.010 and 18.44.050.010 to permit on-sale beer and wine in a 2,317 sq.ft. restaurant (Bambino's Ristorante).~ ' Having been appointed Zoning Administrator by the .Planning Director to decide the above-referenced petition, gursuant to Anaheim Municipal Code Section 18.12.020, and a public hearing having been duly noticed for and held on the date set forth above, I do hereby find, pursuant to the Sections 18.02.030.030 through 18.02.030.035 of the Anaheim Municipal Code: 1. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code; 2. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which is proposed to be located; 3. .That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the.part'icular area nor. to the peace, health, safety and general welfare; 4. That the traffic 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; and 5. -That the granting of this conditional use permit under the conditions imposed, if any, will. not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal to permit on-sale beer and wine in a 2,317 sq.ft. restaurant on a rectangularly-shaped parcel of land consisting of approximately 2.67 acres located at the northwest corner of Katella Avenue and Euclid Street, ZA-3393 -1- ZA91-12 CUP 3393 . Page 2 2.67 acres located at the northwest corner of Katella Avenue and Euclid Street, having approximate frontages of 3.50 feet on the north side of Katella Avenue and 333-feet on the west side of>Euclid Street, and further described as 1731 West Katella Avenue; and does hereby approve the Negative Declaration upon and 333 feet on the west side of Euclid Street, and further described as 1731 West Katella Avenue; and does hereby approve the Negative Declaration upon finding that she 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 and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Based on the evidence and testimony presented to me, I do hereby determine to approve Conditional Use Permit No. 3393, subject to the following conditions: 1. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are.. on file with the Planning Department marked Exhibit Nos. 1 through 3. 2. * That all air conditioning facilities and other roof and ground mounted equipment shall be properly .shielded from. view, and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. 3. * That the proposal shall comply with all signing requirements of the CL "Commercial, Limited" Zone, unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning Administrator. 4. -That prior to commencement of-the activity. authorized by this decision, or prior to issuance of a building permit, or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. 1, 2 and 3, above-mentioned, shall be comglied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 5. * That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Conditions marked with an asterisk (*) are required by established laws, codes, regulations and agreements and are, therefore, not subject to negotiation. This decision is made, signed, and entered into the file this fourteenth day of March -1991. Annika M. Santalahti Zoning Administrator ZA-3393. -2- ZA91-12 CUP 3393 Page 3 • NOTICE: This decision shall become final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within 15 days of the. date of the signing of this decision or unless members of the City Council shall request to review this decision within said 15 days. DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of perjury that on the date set forth below, I did deposit, in the United States Mail, a copy of the decision to the applicant and did forward a copy to the City Clerk. DATED: March 14, 1991 net L. Je;rs enior Sec ary ZA-3393 -5-_ ZA91-12