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66-329RESOLUTION NO. 66R -329 an A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. VA WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from XYZ Investment Fund, Lessee, 5152 Beach Boulevard, Buena Park, California, to establish a walk -up restaurant, on the prop- erty hereinafter described, with a waiver of the 6 -foot masonry wall requirement along the south property line (Section 18.40.070 (6)). Said property is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: That portion of the southeast quarter of the southeast quarter of Section 11, Township 4 South, Range 11 West, in the Rancho Los Coyotes, City of Anaheim, County of Orange, State of California, as per map recorded in Book 51, page 11 of Miscellaneous Maps, in the Office of the County Recorder of said County, described as follows: Beginning at a point on the southerly line of said section, westerly 55.00 feet from the southeast corner of said section; thence North 0° 11' 10" West 612.23 feet parallel with the East line of said section to the beginning of a curve concave westerly having a radius of 2472.00 feet; thence northerly along said curve to a line parallel with and northerly 150.00 feet from the South line of the northeast quarter of said southeast quarter of the southeast quarter; being the true point of beginning; thence westerly 165.00 feet along said parallel line; thence southerly 150.00 feet, at right angles to the South line of said northeast quarter to last said South line; thence easterly along said South line to that certain curve described above; thence northerly along said curve to the true point of beginning. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on March 28 19 6 notices of which said public hearing were duly given as 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 hearing did adopt its Resolution No. 1992 Series 1965 66 arantina Conditio'ftal Use Permit No. 828 s iect to certain conditions therein set forth WHEREAS, there -fter, within twenty -two (22) days from the date of the adoption of said resolution, the City Council did elect, upon its own motion, torf1gview the action of the City Planning Commission in granting said Condition ,.1 Use Permit and did thereupon fix the 3rd day of Ma 19 66 as the time and the Council Chamber in the City ':11 of tCity of Anaheim as the place for a public hearing upon said Conditional Use Permit, and notices of such public hearing were duly given :.s required by 1 :w and the provisions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct'such hear- ing and did give ,.11 persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful conside- ration of the recommend;:tions of the City Planning Commission and =_11 evidence and reports offered at s :.id he ring, that 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 re- 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 no.t detrJnent 1 to the particular are nor to the peace, health, safety and gener 1 welfare. 4. The traffic generated by the prop sed use will not impose an undue burden upon the,s eets and high- ways designed .nnd improved to carry the tr: ffic in the <.rea 5. The granting of the Conditiona1 Use Permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfre of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Com- mission granting s:id Conditional Use Permit be, and the same is hereby sygto ned and that Conditional Use Permit No. 828 be, :nd t same is hereby, granted permitting the establishment of a walk -up restaurant on the property hereinbefore described, with a temporary waiver of the 6 -foot masonry wall requirement and screen landscaping along the south property line of subject property, subject to the following conditions: 1. That this conditional use permit is granted subject to the completion of Reclassification Proceedings No. 65 -66 -99 now pending. 2. That trash storage areas shall be provided in accordance with approved plans on file in the Office of the Director of Public Works and Superintendent of Streets, prior to final building inspection. 3. That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibits Nos. 1 and 2; provided, however, that the signing of subject property shall be in accordance with the sign ordinance. 4. That a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of a 6 -foot masonry wall and the required screen landscaping along the south property line of subject property; and that said bond shall be posted with the City within a period of 180 days from date hereof, or such further time as the City Council may grant. 5. That any air conditioning facilities shall be properly shielded from view from abutting streets. The City Council hereby reserves the right to revoke such conditional use permit for good cause or failure of said owner /lessee, its successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions herein. THE FOREGOING RESOLUTION is approved and signed by me this 3rd day of May, 1966. ATTEST: CIT CLERK OF THE CITY OF ANAHEIM MAYOR OF THE CITY O' ''AHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution `No. 66R -329 was introduced at a regular meeting of the City Council of the City of Anaheim held on the 3rd day of May, 1966, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 3rd day of May, 1966, by the following vote of the members thereof: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of May, 1966. AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R -329 on the 3rd day of May, 1966. (SEAL) CITY` CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 66R -329 duly passed and adopted by the Anaheim City Council on May 3,1966.