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1977-350RESOLUTION NO. 77R -350 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 1697. WHEREAS, the City Planning Commission of the City of Anaheim did receive a request for a Conditional Use Permit from LARRY R. and JUDITH I. SMITH, owners; and CARL YOUNKIN, agent, to expand an existing restaurant with on -sale beer and wine with a waiver of minimum required kitchen area on certain real prop- erty situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTH- EAST QUARTER OF SECTION 15, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION; THENCE SOUTH 89 36' WEST 248.02 FEET; THENCE NORTH 53 24' WEST ALONG THE PACIFIC ELECTRIC RAILROAD RIGHT -OF -WAY 521.62 FEET; THENCE NORTH 0 13' WEST 72.95 FEET; THENCE NORTH 89 36' EAST 222.3 FEET TO THE INTERSECTION WITH A LINE PARALLEL WITH THE EAST LINE OF SAID SECTION AND DISTANT WESTERLY 443.00 FEET FROM SAID EASTERLY LINE OF SAID SECTION, SAID INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH SAID EAST LINE SOUTH 0 15' 45" EAST 170.00 FEET; THENCE NORTH 89 36' EAST 240.00 FEET; THENCE PARALLEL WITH SAID EAST LINE SOUTH 0 15' 45" EAST 163.74 FEET TO A LINE PARAL- LEL WITH AND DISTANT 53.00 FEET NORTHERLY FROM THE COURSE HEREINBEFORE DESCRIBED AS "SOUTH 89 36' WEST 248.02 FEET THENCE PARALLEL WITH SAID COURSE, NORTH 89 36' EAST 20.00 FEET TO THE WEST- ERLY LINE OF THE EASTERLY 183.00 FEET OF SAID SEC- TION; THENCE ALONG SAID WESTERLY LINE, NORTH 0 15' 45" WEST 163.74 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 170.00 FEET FROM THE EAST- ERLY PROLONGATION OF THAT CERTAIN COURSE DESCRIBED ABOVE AS "NORTH 89 36' EAST 222.3 FEET THENCE ALONG SAID PARALLEL LINE NORTH 89 36' EAST 130.00 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY 53.00 FEET FROM SAID EASTERLY LINE OF SAID SECTION; THENCE ALONG SAID LAST DESCRIBED PARALLEL LINE NORTH 0° 15' 45" WEST 170.00 FEET TO A LINE WHICH BEARS NORTH 89 36' EAST AND WHICH PASSES THROUGH THE TRUE POINT OF BEGINNING THENCE ALONG SAID LAST MENTIONED LINE, SOUTH 89° 36' WEST 390.00 FEET TO THE TRUE POINT OF BEGINNING. -1- AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said request on March 28, 1977, 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, investi- gation 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. PC77 -84 granting Conditional Use Per- mit No. 1697, subject to certain conditions; and WHEREAS, thereafter, within twenty -two (22) days from the date of the adoption of said resolution, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action and said review was set for public hear- ing on May 10, 1977, at the City Hall, in the City of Anaheim, and notices of such public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Muni- cipal Code; 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 does find, after careful consi- deration of the decision of the City Planning Commission and all evidence and reports offered at said hearing, that Conditional Use Permit No. 1697 should be denied. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission granting Conditional Use Permit No. 1697 be, and the same is hereby, reversed, and that the request of LARRY R. and JUDITH I. SMITH, owners; CARL YOUNKIN, agent, to expand an existing restaurant with on -sale beer and wine with a waiver of minimum kitchen area be, and the same is hereby, denied. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 10th day of May, 1977. ATTEST: CITY ERK OF THE ITY OF ANAHEIM JLW:fm -2- MAYO OF E CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 77R -350 was introduced and adopted at a regular meeting provided by lbw, of the City Council of the City of Anaheim held on the 10th day of May, 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour and Roth NOES: COUNCIL MEMBERS: Kott and Thom ABSENT: COUNCIL MEMBERS: None A AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signad said Resolution No. 77R -350 on the 10th day of May, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim. this 10th day of May, 1977. CL RK OF THE, CI OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -350 duly passed and adopted by the Anaheim City Council on May 10, 1977.