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86R-424 RESOLUTION NO. 86R-424 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2838. 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 ELWOOD F. JOHNSON, ET AL., 1848 West Almond Avenue, Orange, California 92668, owner, and CLAYTON A. PETERS, 3242 West Lincoln Avenue, Anaheim, California 92801, agent, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: LOT 1 OF 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 MEASURED 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. PC86-230 denying Conditional Use Permit No. 2838; 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- 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 adjoining 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 18.03.040 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. 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. 2838 be, and the same is hereby, granted permitting to retain on-sale beer in an existing billiard parlour and amusement arcade on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.06.050.0212, - 18.06.050.022, 18.06.050.0231, 18.06.050.0233, 18.06.080 18.44.066.050 Minimum spaces. quired; ing) number of parking (134 spaces re- 108 spaces exist- AND -2- '-"".;.."..,..........,,_.,-".....~-'....~'"-...~,--...~- subject to the following conditions: 1. That the on-premises sale and consumption of alcoholic beverages shall be limited to beer only. 2. That food will at all times be available for service and consumption on the premises. 3. That all driveways shall be constructed or reconstructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 4. 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. 5. That: this conditional use permit is approved for a period of six (6) months with a public hearing scheduled to review this operation on March 24, 1987. 6. That prior to final building and zoning inspections, Condition Nos. 3 and 4, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the City Counci.l 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 23rd day of September, 1986. ~2 ~'. '~b MAYOR OF THE CI Y OF ANAHEIM ATTEST: .----, C-- j tl ~~/r~ CITY CLERK OF THE CITY OF ANAHEIM BG:fm l609L 010687 -3- (SEAL) CLERK 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. 86R-424 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 23rd day of September, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: Pickler ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-424 on the 23rd day of September, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 23rd day of September, 1986. ~^ ?t~...L( CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SORL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 86R-424 duly passed and adopted by the Anaheim City Council on September 23, 1986. 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