66-329RESOLUTION NO. 66R -329
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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.