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70R-421 RESOLUTION NO. 70R-42l A RESOLUTJON OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NOL 1191 WHEREAS, the City Pla.rming Commission of the City of Anaheim did receiv~ a. request for a Conditional Use Permit from Leonard Smith as a~ent for Enloe Properties, Inc., owner, l25-D South Claudina Str~et, Anaheim, California 92805, to establish a drive-thru restaur~nt on C-l, General Commercial Zone, on the following described property: That portion c>f Lot 26 of "Anaheim Extension", in the City of Anaheim, Coun~y of Orange, State of California, as shown on a map of survey made by William Hamel and filed for record in the office of the county recorder of Los Angeles County, described as follows: Beginning at the southwest corner of said Lot 26, said point being the intersection of the centerline of Lemon Street with the centerlin$ of Ball Road, as shown on said survey; thence North 890 55'15" East 280.00 feet along the South line of said Lot 26 tQ the southwesterly corner of the land conveyed to Sarah Bennett, a widow, by deed recorded February 16, 1953, in book 2454 wage 57, Official Records; thence northerly along the westerly line of said land to a line parallel with and 120 feet southeasterly of the North line of the land conveyed to R. L. Keith and wife by deed recorded November 18, 1946 in book 1456 page 555, Official Records; thence South 740 20' 15" West 277.82 feet along said parallel line to a point in the West line of Said Lot 26, being the centerline of Lemon Street; thence South 150 23' 45" East 211.89 feet along said West line to the point of beginning. EXCEPT the northeasterly 115.50 feet thereof, measured along the northwesterly line of said land. ALSO EXCEPT the remainder thereof the northwesterly 20.00 feet thereof. AND WHE~S, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon sa.id request on Julv 27. 1970 ~ notices of which said public heariqg were duly given as required by la.w and the provisions of Titte 18, Chapter 18.76 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, in- vestigation and s~udies made by itself and in its behalf and after due conside~ation of all evidence and reports offered at said hearing, did adopt its Resolution No. PC 70-132 ~pnying Conditional Use Permit No. 1191 ; and WHEREAS, thereafter, within twenty-two (22) days from the date of the adoption of said resolution, a written appeal was filed with the City Council protesting the action of the City Planning Commission in aenY~~f said Conditional Use Permit and said appeal was set fo public hearing on -1- ___""'_".<._".~ III ~ , 19 7D ,at the City Hall, in the City oem, an not ces of such public hearing were duly given as required by law nd the provisions of Title 18, Chapter 18.76 of the Anahei$ Municipal Code; and ' WHEREAS, ai' the ti.me and place fixed for sa:Ldpublic hearing, the ,City Cuneil did duly hold and cond~ct such hea.ring and did giv all persons interested therein an oppor- tunity to be heard nd did receive evidence and reports; and WHEREAS, t~e City Council does find, after careful consideration of th, rec01llDendationa of the Ci~y Planning Commission and all ,vidence and 'reports offered at said bea~- ins. that Condition.l Use Permit Ro. 11 q18ho~ld be denied. NOW, THERltou" BE IT aUOLVEDby the Ci1:y Council of the City of Anaheill,that the, action of the City Planning. Com- mission denying ,.. . Conditional Use Permit No. 1191 be, and the same is her.b1 sustained . and that the request of Leonard Smi~h, as agent for Enloe Properties, Inc., owner, to establish a4rive-tihru restaurant is denied. this THE FOREG01NG USOLUTIOR 2St:h day of ~nqnQt AmST~ - -~ nn~ ...1_. ....... STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) - I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 70R-42l was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 25th day of August, 1970, by the following vote of the members thereof: AYES: COUNCILMEN: Clark, Stephenson, Thorn and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton AND I FURTHER CERTIFY that the Mayor Pro-Tern of the City of Anaheim approved and signed said Resolution No. 70R-42l on the 25th day of August, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 25th day of August, 1970. ~'N~ ITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-42l duly passed and adopted by the Anaheim City Council on August 25, 1970. ~.'xj~ City Clerk -,