1977-229WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from LARRY R. SMITH, owner, and LENARD E. COLEBY, agent, to per-
mit on-sale beer in a proposed billiard parlor and arcade on the
following described property:
ATTY-26 (Page 1 of 3 pages)
RESOLUTION NO. 77R-229
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 1687
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, CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, 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 PARALLEL
WITH AND DISTANT 53.00 FEET NORTHERLY FROM TI-iE 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 WESTERLY LINE OF THE EAST-
ERLY 183.00 FEET OF SAID SECTION; 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 EASTERLY 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 TuROUGLI
THE TRUE POINT OF BEGINNING THENCE ALONG SAID LAST 21]1\.-
TIONED LINE, SOUTH 89° 36' WEST 390.00 FEET TO THE TRUE
POINT OF BEGIFNIPG.
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AND WHEREAS, the City Planning Commission did hold a
public hearing at the City Hall in the City of Anaheim upon said
annlication on the 28th day of February, 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, inves-
tigation 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 -52, denying Conditional
Use Permit No. 1687; and
WHEREAS, thereafter within twenty -two (22) days from
the date of the adoption of said resolution, a written appeal was
filed with the City Council protesting the action of the City Plan-
ning Commission in denying said conditional use permit and said
anneal was set for public hearing on the 5th day of April, 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 18.76 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 hearing
and did give all persons interested therein an opportunity to he
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consider-
ation of the recommendations of the City Planning Commission and
all evidence and reports offered at said hearing, 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 develop-
ment of the area in 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 not detrimental to
the particular area nor to the peace, health,
safety and general welfare.
4. The traffic generated by the proposed use will
not impose an undue burden upon the streets and
highways designed and improved to carry the
traffic in the area.
-2-
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the action of the City Planning
Commission denying said conditional use permit be,
and the same is hereby, reversed and that Conditional
Use Permit No. 1687 be, and the same is hereby, granted
permitting on -sale beer in a proposed billiard parlor and arcade
on the aforedescribed property, subject to the following condi-
tions:
1. That trash storage areas shall be provided in accordance
with approved plans on file with the Office of the Director of
Public Works.
2. In the event that subject property is to be divided for
the purpose of sale, lease, or financing, a parcel map, to record
the approved division of subject property shall be submitted to and
approved by the City of Anaheim and then be recorded in the Office
of the Orange County Recorder.
3. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit Nos. 1 and 2.
4. That Condition No. 2, above- mentioned, shall be complied
with prior to the commencement of the activity authorized under
this resolution, or prior to the time that the building permit is
issued, or within a period of one year from date hereof, whichever
occurs first, or such further time as the Planning Commission and /or
City Council may grant.
5. That Condition Nos. 1 and 3, above- mentioned, shall be
complied with Prior to final building and zoning inspections.
BE IT FURTHER RESOLVED that the City Council hereby re-
serves the right to revoke such Conditional Use Permit for good
cause or failure of said owner, his 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 5th day of April, 1977.
ATTEST:
ATTY -26 (Page 3 of 3 pages)
9. The granting of the conditional use permit under
the conditions imposed will not be detrimental to
the peace, health, safety and general welfare of
the citizens of the City of Anaheim.
THE r te i��,E?, T
CITY CLERK OF HE CITY OF ANAHEIU
-3-
LAYOR OF THE CITY OF ANAi EIld
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 -229 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 5th day of April, 1977, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kott, Roth and Thom
NOES: COUNCIL MEMBERS: Kaywood, Seymour
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
signed said Resolution. No. 77R-229 on the 5th day of April,,
IN WITNESS WHEREOF, I have''hereunto set my hand and affixed
City of Anaheim this 5th day of April, 1977.
(SEAL)
CITY C ERK OF THE CI OF ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 77R -229 duly passed and adopted
by the Anaheim City Council on April 5, 1977.
approved and
1977.
the seal of the