84R-220
RESOLUTION NO. 84R-220
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO . 2571.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from COSMO V. TAORMINA and ARLENE TAORMINA, owners, and DOMENICO
DI SANZO, agent, to permit on-premise sale and consumption of beer
and wine in conjunction with an existing restaurant upon certain
real property located within the City of Anaheim, County of
Orange, State of California, legally described as:
LOTS 47, 48 AND 49, 50, 51, 102, 103, 104, 105 AND 106
OF EUCALYPTUS FOREST TRACT IN THE CITY OF ANAHEIM
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 5 PAGES 29 AND 30 OF MISCELLANEOUS
MAPS, RECORDS OF SAID COUNTY. ALSO THAT PORTION OF
THE SOUTHERLY 1/2 OF ORANGE STREET LYING WESTERLY OF
BLUE GUM STREET AND ABUTTING THE ABOVE DESCRIBED
PROPERTY ON THE NORTH~ 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. PC84-91 denying
Conditional Use Permit No. 2571~ 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:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
~"",,","';"70___.
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 ~se 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.
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. 2571 be, and the same is hereby,
granted permitting on-premise sale and consumption of beer and
wine in conjunction with an existing restaurant on the
hereinabove described real property, subject to the following
conditions:
1. That street lighting facilities along Coronado Street
and Blue Gum Street shall be installed as required by the
Utilities General Manager in accordance with specifications on
file in the Office of Utilities Manager, and that security in the
form of a bond, certificate of deposit, letter of credit, or
cash, in an amount and form satisfactory to the City of Anaheim,
shall be posted with the City to guarantee the satisfactory
completion of the above-mentioned improvements. Said security
shall be posted with the City of Anaheim prior to approval of
improvement plans. The above-required improvements shall be
installed prior to commencement of the activity authorized by
this resolution.
2. That prior to issuance of a building permit, primary
water main fees shall be paid to the City of Anmaheim, in an
amount as determined by the office of the Utilities General
Manager.
3. That trash storage areas shall be provided in
accordance with approved plans on file with the Street
Maintenance and Sanitation Division.
4. That the proposal shall comply with all signing
requirements of the ML Zone unless a variance allowing sign
waivers is approved by the Planning commission or the City
Council.
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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 through 3.
6. That prior to the commencement of the activity
authorized under this resolution, or within a period of one year
from the date of this resolution, whichever occurs first,
Condition Nos. l, 2, 3, 4 and 5, 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.
7. That beer and wine shall be served only in conjunction
with the service of food to customers.
BE IT FURTHER RESOLVED that the City Council does
hereby find and determine that 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 12th day of June,
1984.
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YOR OF THE CITY OF ANAHEIM
ATTEST:
'LA- ~~
CITY CLERK OF THE CITY OF ANAHEIM
JLW/fm
2740M
6/29/84
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 84R-220 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 12th day of June, 1984, by the following vote of the members thereof:
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AYES:
COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 84R-220 on the 12th day of June, 1984.
IN WITNESS WHEREOF, I have h~reunto set my hand and affixed the seal of the
City of Anaheim this 12th day of June, 1984.
L~ r?(S~
CITY CLERK OF THE CITY OF ANAHEIM
( SEAL )
I, LEONORA N. ~OHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 84R-220 duly passed and
adopted by the Anaheim City Council on June 12, 1984.
~<-- rJLSLL
CITY CLERK
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