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66-697RESOLUTION NO. 66R 697 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 885 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from HENRY WAGNER, 975 South State College Boulevard, Anaheim, California, to permit the establishment of a walk -up restaurant on Parcel 1 of the real property hereinafter described, the establishment of a restaurant with on -sale liquor on Parcel 2 of said real property, and permitting a waiver of the required front setback landscaping on said Parcels 1 and 2 (Section 18.52.060(2- a -1 -b) of the Anaheim Municipal Code). Said property is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: PARCEL 1 (designated as PORTION B in the Planning Department files): The north 173 feet of the south 203 feet of the west 95 feet of the east 273 feet of Lot 20 of Anaheim extension, in the City of Anaheim, County of Orange, State of California, as shown on a map thereof recorded in Book 3, Pages 162 to 164, inclusive, of Miscellaneous Records in the Office of the County Recorder of Los Angeles County, California, said distances being measured from the center lines of Ball Road and State College Boulevard, as shown on the map of Tract No. 4757 recorded in Book 184, Pages 47 and 48 of said Miscellaneous Maps. PARCEL 2 (designated as PORTION D in the Planning Department files): The north 173 feet of the south 203 feet of the West 95 feet of the east 428 feet of Lot 20 of Anaheim Extension, in the City of Anaheim, County of Orange, State of California, as shown on a map thereof recorded in Book 3, Pages 162 to 164, inclusive, of Miscellaneous Records in the Office of the County Recorder of Los Angeles County, California, said distances being measured from the center lines of Ball Road and State College Boulevard as shown on the map of Tract No. 4757 recorded in Book 184, Pages 47 and 48 of said Miscellaneous Maps. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on September 26 19 66 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. PC66 99 .As granting Conditional Use Permit No. 885 subject to certain conditions therein set forth and 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, tortVview the action of the City Planning Commission in granting said Conditional Use Permit and did thereupon fix the 25th day of October 19_66_, as the time and the Council Chamber in the City Hall fth City of Anaheim as the place for a public hearing upon said Conditional Use Permit, and notices of such public hearing were duly given as required by law end the provisions of Title 18, Ch. =.pier 18.76 of the Anaheim Municipal Code; and WHEREAS, at the time and place fixed for said public hewing, the City Council did duly hold and conduct'such hear- ing 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 conside- ration of the recommendTtions of the City Planning Commission and all evidence and reports offered at said hearing, th t: 1. The proposed use is properly one for which a Conditional Use Permit is authorized by the An heim Munic ip: 1 Code. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the ,re- in which it is proposed to be loc, =ted. 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 detrimental to the particular re nor to the peace, he lth, safety and general welfare. 4. The traffic generated by the prop sed use will not impose an undue burden upon thg,s eets and high- ways designed r :'nd improved to carry the tr..ffic in the :rea. 5. The granting of the Condition .;1 Use Permit under the conditions imposed will not be detrimental to the peace, health, safety and general welf. ='re 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 sustained and that Condition =l Use Permit No. 885 be, :.nd the same is hereby, gr =nted permitting the establishment of a walk -up restaurant on Parcel 1 of the real property hereinbefore described, and the establishment of a restaurant with on -sale liquor on Parcel 2 of said real property, subject to the conditions hereinafter set forth, and denying the request for waiver of the required front setback landscaping on said parcels of real property (Section 18.52.060 (2 -a -1 -b of the Anaheim Municipal Code). Said conditional use permit is granted subject to the following conditions: ATTEST; CLERK OF THE CITY OF ANAHEIM 1. Said conditional use permit is granted subject to the completion of Reclassification Proceedings No. 66 -67 -23 now pending. 2. That all air conditioning facilities shall be properly shielded from view from abutting streets, and the sound buffered from adjoining residential property, 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 "Exhibit No. 1 provided, however, that development plans for the proposed restaurants shall be .submitted to the Planning Commission and City Council for approval; and, provided further, that setbacks and landscaping, and any signs proposed, shall conform to the requirements of the M -1, Light Industrial Zone. The City Council hereby reserves such conditional use permit for good cause owner, his heirs, successors or assigns to the Anaheim Municipal Code and regulations herein. the right to revoke or failure of said comply with and the conditions THE FOREGOING RESOLUTION is approved and signed by me this 25th day of October, 1966. 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 -697 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 25th day of October, 1966, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley, Chandler, and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 66R -697 on the 25th day of October, 1966. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 25th day of October, 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 -697 duly passed and adopted by the Anaheim City Council on October 25, 1966. City Clerk