83R-399
RESOLUTION NO. 83R-399
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2479.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
from EWALD F. DARGATZ, et al., owner, and GEORGE KATSAMPES, agent,
to permit on-premises sale and consumption of alcoholic beverages
in conjunction with an existing billiard parlour upon certain real
property located within the City of Anaheim, County of Orange,
State of California, legally described as:
LOT 1 TRACT NO. 3886, AS SHOWN ON A MAP RECORDED IN
BOOK 151, PAGES 8, 9, AND 10 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPT THEREFROM THE WESTERLY 130.00 FEET OF THE
NORTHERLY 120.00 FEET, SAID 130.00 FEET AND 120.00
FEET BEING MEASqRED FROM THE TANGENT PORTIONS OF THE
WESTERLY AND NORTHERLY LINES, RESPECTIVELY OF SAID LOT
1; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC83-l45, denying
Conditional Use Permit No. 2479; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
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1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the adjoin-
ing land uses and the growth and development of the area in which
it is proposed to be located.
3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. 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.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.06.080 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. The variance(s) will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance(s) under the conditions
imposed will not be detrimental to the peace, health, safety or
general welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission denying said conditional
use permit be, and the same is hereby, reversed and that
Conditional Use Permit No. 2479 be, and the same is hereby,
granted permitting on-premises sale and consumption of beer in an
existing billiard parlour on the hereinabove described real
property with a waiver of the following provisions of the Anaheim
Municipal Code:
SECTION 18.06.050.0231
AND 18.44.066.050
Minimum number of parking
spaces. (l34 spaces
required; 108 spaces pro-
posed)
subject to the following conditions:
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1. That prior to Planning Department approval of an ABC
(Alcoholic Beverage Control) license for on-sale beer, appropriate
water assessment fees shall be paid to the City of Anaheim, in an
amount as determined by the Office of the Utilities General Manager.
2. That the owner of subject property shall submit a letter
requesting termination of Conditional Use Permit No. 414 to the
Planning Department.
3. 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.
4. That prior to the commencement of the activity authorized
under this resolution, or prior to the time that a building permit
is issued, or within a period of one year from the date of this
resolution, whichever occurs first, Condition No.2,
above-mentioned, shall be complied 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 prior to final building and zoning inspections,
Condition No.3, abov,e-mentioned, shall be complied with.
6. That the on-premises sale and consumption of alcoholic
beverages shall be limted to beer only.
7. That food will at all times be available for service and
consumption on the premises.
8. That this conditional use permit shall expire six months
from the date of this resolution.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine t~at adoption of this Resolution is expressly
predicated 'upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such conditions, or
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 contained, shall be deemed
null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 11th day of Oct , 1983.
MA
ATTEST:
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CITY CLERK OF THE .' OF ANAHEIM
JLW/fm
l6l0M
10/25/83
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. ~3R-399 was introduced and adopted at a regular
meeting provided by law, of t~e City Council of the City of Anaheim held on
the 11th day of October, 1983, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ov~rholt, Bay and Roth
NOES: COUNCIL MEMBERS: Kaywood and Pickler
ABSENT: COUNC IL MEMBERS: N ~e
AND I FURTHER certify that t~ Mayor of the City of Anaheim signed said
Resolution No. 83R-399 on the 11th day of October, 1983.
IN WITNESS WHEREOF, I have he~eunto set my hand and affixed the seal of the
City of Anaheim this 11th day of October, 1983.
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CITY CL RK OF THE CITY ANAHEIM
( SEAL )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original; of Resolution No. 83R-399 duly passed and
adopted by the Anaheim City dounci1 on October 11, 1983.
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CITY CLERK
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