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1977-792ATTY -26 (Page 1 of 3 pages) RESOLUTION NO. 77R -792 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1758 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from HERRICK and JANICE W. HANSON, owners, to permit on -sale beer and wine on the property situated in the State of California, County of Orange, City of Anaheim, described as follows: Lot 130 of Tract No. 4181, as shown on a Map recorded in book 156, pages 21, 22 and 23 of Miscellaneous Maps, records of Orange County, California. -1- AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on Octohpr 26 1977 not:i ces of which said public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation 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 -231 Series denying Conditional Use Permit No. 1758 and WHEREAS, thereafter, within twenty -two (22) days from the date of the adoption of said resolution, the City Council did elect, upon its own motion, to review the action of the City Planning Commission in denying said conditional use permit and did thereupon fix the 13th day of December 1977 as the time and the Council Chamber in the City Hall of the 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 and the provisions of Title 13, Chapter 18.03 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 be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consid- eration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: ATTY -26 (Page 2 of 3 pages) 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 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 high- ways 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. 1758 be, and the same is hereby, granted permitting on -sale beer and wine on the aforedescribed property, subject to the following conditions: 1. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 2. That beer and wine shall be served only in conjunction with a food sale to the same patron. BE IT FURTHER RESOLVED that the City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owners, their heirs, successors or assigns to comply with the Anaheim Municipal Code and regu- lations and the conditions herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 13th day of December, 1977. ATTEST: CITY LERK OF THE ITY OF ANAHEIM JLW: fm ATTY -26 (Page 3 of 3 pages) 5. 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. -3- 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 -792 was introduced and adopted at s. regular meeting provided by law, of the City Council of the City of Anaheim held on the 13th day of December; 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 77R -792 on the 13th day of December, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of December, 1977. (SEAL) .CITY CLERK OF THE CITY 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 -792 duly passed and adopted by the Anaheim City Council on December 13, 1977.