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84R-253 ~ -... RESOLUTION NO. 84R-253 A RESOLUT~ON OF THE CITY COUNCIL OF THE CITY OF ANAHEI~ GRANTING CONDITIONAL USE PERMIT NO. 2567. I ~ WHEREAS, Anaheim did receive with a waiver of ce from APOLLO INN, a permit the on-premi upon certain real p County of Orange, S he City Planning Commission of the City of an application for a conditional use permit tain provisions of the Anaheim Municipal Code alifornia general partnership, lessee, to e sale and consumption of alcoholic beverages operty located within the City of Anaheim, ate of California, legally described as: PARCEL 1: THE !OUTH 150 FEET OF THE NORTH 585 FEET OF THE EAST 300 F ET OF LOT 1 OF TRACT NO. 2854, IN THE CITY OF ANAHEI , COUNTY OF ORANGE, AS PER MAP RECORDED IN BOOK 90, PA ES 39 AND 40 OF MISCELLANEOUS MAPS, IN THE OFFICE OF HE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THE iOUTH 200 FEET OF THE NORTH 785 FEET OF THE EAST 300 F ET OF LOT 1 OF TRACT NO. 2854, IN THE CITY OF ANAHEI , AS PER MAP RECORDED IN BOOK 90, PAGES 39 AND 40 OF M SCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDE. OF SAID COUNTY; and WHEREAS, ~he City Planning Commission did hold a public hearing upon said a,plication at the City Hall in the City of Anaheim, notices of:which public hearing were duly given as required by law andithe provisions of Title 18, Chapter 18.03 of the Anaheim Municip4l Code; and WHEREAS, jaid Commission, after due inspection, investigation and s udies made by itself and in its behalf and after due consideraion of all evidence and reports offered at said hearing, did a opt its Resolution No. PC84-77 granting Conditional Use per+it No. 2567; and WHEREAS, ~hereafter, within the time prescribed by law, an interested party/or the City Council, on its own motion, caused the review Ot said Planning Commission action at a duly noticed public hear ng; and ".........., WHEREAS, .t the time and place fixed for said public hearing, the City C!UnCil did duly hold and conduct such hearing and did give all pesons interested therein an opportunity to be heard and did receie evidence and reports; and WHEREAS, the City Council finds, after careful consi- deration of the rec~mmendations of the City Planning Commission and all evidence an. reports offered at said hearing, that: 1. The propoted use is properly one for which a conditional use permit is autho ized by the Anaheim Municipal Code. ~ -... .."""...... 2. The propo~ed use will not adversely affect the adjoin- ing land uses and t~e growth and development of the area in which it is proposed to b~ located. 3. The size ind shape of the site proposed for the use is adequate to allow te full development of the proposed use in a manner not detrimen al to the particular area nor to the peace, health, safety and eneral welfare. 4. The traff!C generated by the proposed use will not impose an undue bur en upon the streets and highways designed improved to carry t e traffic in the area. 5. The grant~'ng of the conditional use permit under the conditions imposed ill not be detrimental to the peace, health, safety and general elfare of the citizens of the City of Anaheim. AND WHERE~S' the City Council does further find, after careful considerati n of the action of the City Planning Commission and all ,vidence and reports offered at said public hearing before theity Council regarding said requested waiver(s), that alllof the conditions set forth in Section 18.06.080 of the An1heim Municipal Code are present and that said waiver(s) should be:granted, for the following reasons: and 1. The variadce(s) will not cause an increase in traffic congestion in the i.mediate vicinity nor adversely affect the adjoining land uses~ and The grant~ng of the variance(s) under the conditions will not be !detrimental to the peace, health, safety or welfare of ~he citizens of the City of Anaheim. NOW, THER~FORE, BE IT RESOLVED by the City Council of the City of Anaheim/that, for the reasons hereinabove stated, the action of the City dlanning Commission granting said conditional use permit be, and ~he same is hereby, affirmed and that Conditional Use Per~it No. 2567 be, and the same is hereby, granted permitting ~he on-premise sale and consumption of alcoholic beverages ion the hereinabove described real property with a waiver of th~ following provisions of the Anaheim Municipal Code: ' 2. imposed general SECTIONS 18.064050.024 AND l8.48~066.050 Minimum number of parking spaces (220 spaces re- quired; 128 spaces exist- ing) ,,-... subject to the follqwing conditions: 1. That trash storage areas shall be provided in accordance with approved plans Ion file with the Street Maintenance and Sanitation DivisionJ -2- ""...,. .-.. ~ 2. That subj~ct property shall be developed substantially in accordance with ~lans and specifications on file with the City of Anaheim marked E~hibit Nos. 1 through 3. 3. That priOj' to commencement of the activity authorized under this resoluti n, or final building and zoning inspe.ctions, whichever occurs .fi st, Condition Nos. 1 and 2, above-mentioned, shall be complied w'th. 4. That the ~roposed stand-up bar shall not be converted to a sit-down "bar" or ["cocktail lounge". 5. That no S~'9ns advertising a "bar" or "cocktail" lounge or similar sale oflcoholic beverages shall be permitted on the premises for purpos . of advertising on-sale alcohol to the general public. ! t BE IT FUR find and determine predicated upon app conditions hereina any part thereof, b final judgment of a Resolution, and any null and void. ijER RESOLVED that the City Council does h~reby 'at adoption of this Resoltttion is expressly icant's compliance with each 'and all of the ve set forth. Should any such conditions, or declared invalid or unenforceable by the y court of competent jurisdiction, then this approvals herein contained, shall be deemed City i THE FOREGdlNG RESOLUTION is approved and adopted by the Council of th~!City of Anaheim this 26th day of June, 1984. dtAf~ MA OR 0 THE CIT . O. E M ATTEST: ct~~~EIM JLW: fm ' 2868M 7/31/84 "...... -3- r- .-... I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LEONORA N. SOEL, City C11'~k of the City of Anaheim, do hereby certify that the foregoing Resolution No ;84R-253 W4.S introduced and adopted at a regular meetiQl provided by law, of the City Council of the City of Anaheim held on the 26th day of June, 1984, ,by the following vote of the members thereof: ! SSe 1 , AYES: COUNCIL MEMBERS9 Kaywood, Bay, Overholt, Pickler and Roth ! NOES: COUNCIL MEMBERS ~ None ABSENT: COUNCIL MEMBERs:1 None AND I FURTHER certify that ~ Mayor of the City of Anaheim signed said Resolution No. 84R-253 on t~-26th day of June, 1984. IN WI~SS WHEREOF, I have ~eunto.et .Y hand and affixed the seal of the City oJ Anaheim this 26th d,r of Ju~, 1984. t ~~ ~S4-- dI Y CLERK OF THE CITY OF .omt>> " (SEAL) I, LEQliQRA N.-."sOHL, City Cli' k of the City of Anaheim, do hereby ce.rtify the fq).'e8tJt:1t& i8 the origin' '..' of Resolution No. 84R-253 duly passed' and adopt. by the Anaheim City , uncil on June 26, 1984. that ~'\ 'lL~ CITY CLERK l