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71R-355 ,"""' ....-. RESOLUTION NO. 7lR-355 A RESOLUTION or THE CITY COUNCIL or THE CITY OF ANAHEIM GRANTING CONDITIORAL USE PERMIT NO. 12'43 WHEREAS. the City Planning Commission of the City of Anaheim did receive an applica~ion for a conditional use permit from PETER and AUDREY WARNOFF, Owners~ BOB L. WALLACE., Agent, to permit on-sale beer in an existing billiard parlor on the following des'.cribed propert.y si.t.uated in 'the City of Anah.eim, County of Orange, State. of California, to wit: The South 362 feet of the East half of the East half of ~e Southeast. quarter of ~e Southeast quarter and the East 8 feet of the South 362 feet of the West half of the East half of the Southeast quarter of the Southeast quarter all- in Section 14, Township 4 South, Range 11 West., San Bernardino Base and Meridian. EXCEPTING THEREFROM the North 162 feet thereon. ALSO EXCEPTING THEREFROM the East 19'0 feet '1:lrer.eo'f. ...-...... AND WHEREAS, the City Planning Commission did. bold a public hearing at the City Ball in the City oi Anaheim upon . said application on . June 14 , 19 71 , notices of \ which said public hearing were duly given 8S required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim- MUnicipal Code; and WHEREAS, said Commission, after due inspection, in- vestigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at : said bearing did adopt its Resolution ~o. PC71-116 Series ..J approvina ~.onditi06a1 Use Permit No. 12'4~ ~;P-~~ ~ ~P-T~ain ~nn~j~;nnA +hATAin set fprt4 an . , -1- ...,......... WHEREAS, thereafter within twenty-two (22) days 'from the date of the adoption 'of said reso:lution, a wr.itten appeal was 'filed with the City Council protestin9 the .action of the City Planning Commission in approving sa'id conditional use' permit and sa'id appeal was se't for publi'c hearin9 on July 27, 1971, and continued to AU9ust" 10, 19"71, at the City Hall in the City of Anah.eim, and not.ices of such 'public hearin9' were duly given as required by law and the provisions of Title 18, Chapter 18.76 of the Anahe.im Municipal Code 7: and WHEREAS, at the time and place' fixed for said. public hearing I the City Council did duly hOld' and conduct su.ch '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 con- sideration of the recommendations 'of the 'City Planning Commission and all evidence and reports offered. at said hearin9,' that: 1. The proposed use is properly one for which :a conditional use' permit is authO"rized 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 si'ze and shape of the site. propose:d f"or the use is adequate to allow the full develop.ent of the proposed use' in a manner Dot detrimental to the parti.cular area nor to the peace, health,. safety and general welfare. 4 . The traffic generated by the propose"d use' wi.ll' not impose an undue burden upon the 'stree't.s "and hi'9hways designed and improved to carry the .traffic in the area. 5. The granting of the conditional use' pe~it under the conditions imposed will not be detrimental to the .peace, health, safet.y and general welfare of the citizens of the City of Anahe.im. NOW, THEREFORE, BE IT RE.SOLVED by the City. Council of the City' of Anaheim that the action of the Ci.ty Plann~9 Commis- si.on in granting said conditional use" permit be", and the same is hereby sustained and that Conditional Use Permit No. 1243 be, and the same is hereby granted pe~itt.ing on-sale be'er in an existing billiard parlor on the property hereinbe.fore des- cribed subject to the following conditions: 1. That the owners of subject property shall deed to the City of Anaheim a strip of land 53 feet 'in width from the centerl.ine of the street along Ball Road, for street wi.dening purpose's; dedication to take. effect 'at such "time as the Ci.ty det.ermines that Ball Road should be widened. 2. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Ball Road, for str'eet lighting purpose's. 3.. That th,e owners of subje'ct property shall pay to the City of Anaheim the sum of 15p.! per front foot along Ball Road for tree planting purposes. -2- .-,....- ................ --.-.. . .......... 4. That all future air conditionin9 fqci11t1es 'shall be properly shielded fram view, and the~sound buffered from adjacent property. 5. That the existing structure 'shall be. brought. up to the minimum standards of the City: of Anahe.im, including the Uniform Bui1din9, Plumbin9, Electr.ical, Housing I Mechanical and Pire Codes as adopted by the City of Ana,heim. 6. That subject property shall be. developed sub~ stantial1y in accordance with plans :and specificat.ions 'on file with. the City of Anaheim, marked Exhibit Nos." 1 and 2,. provided however, that. the parking area shal1 be landscaped in accordance with the si"te development standards of the C-l Zone, at the time Ball Road is widened, and further provided.that .al1 signing shall conform to the Sign Ordinance.' 7 . Tha t Conditions Nos. 1, 2,. 3 and 5, above mentioned, shall be. complied with prior to the :CammeDcemetit of the activity authorized under this 'resolution, or prior to'. the time .that the building permit is issued, or wi.thin a period of 18'0 days from the .date hereof, whichever occurs first, or such .further time as the City Council may 9rant. The City Council hereby reserves the .ri9ht to revoke such Conditional Use Permit for good cause or failure of said owner, his heirs, successors or assigns to comply w~th the Anaheim Municipal Code and regulations and the conditions herein. THE FOREGOING. RESOLUTION is approved and si'gned by me tlUs lO.th da.y of August,- 1971. ATTBS~';l' : ~~. ~~ C' OF T . ITY OP ANAHEIM ~.~ . ~ I _ .:. . j ~~ . . ... .0 ~~rr-rO- _M__ fM . ...-.... STATE OF CALIFORNIA ) COUNTY OP ORANGE ) SS . CITY OF ANAHEIM ) .............. I~ DBNE M. DAOUS.T, Ci.ty' Clerk of the Ci.t.y of Anaheim, do hereby cert.i'fy that 1:he fore9oing Resolution No.' . '7"1R-.J"SS was passed and adopted at a ----- regul~r meet.in9 of the City Council ~1d' on the 10'th day of" August , 197"1 , by the following vote of the members thereof: . . AYES: COUNC.ILMEN: Roth, Stephenson, Pebley and Dutton COUNCILMEN: None NOES: ABSENT: COUNCILMEN: Thom AND I FURTHER CERTIPY that the Mayor of the City' of Anaheim approved and signed said resolution on the ~day' of-' Au~ust.. , 19'71 . IN WITNESS WHEREOP, I haVe he.reunto set my hand and affixed the seal of the City of Anahe.im t.his 10th day of" Auqus.t;. , 197"1 . ~*.iJ~ eI ERR: OF THE CITY OP ANAHEIM (SEAL ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 7lR-355 duly passed and adopted by the Anaheim City Council on August 10, 1971. ~ M, >>~ City Clerk . ...............