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1967-172RESOLUTION NO. 67R -172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 923 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from Howard R. Polzin, 1205 Connecticut, Anaheim, California, to establish a walk -up restaurant, with waivers of the location of a free- standing sign in relation to the property line of an abutting parcel of property (Section 18.62.090, B(5) of the Anaheim Municipal Code) and minimum distance between a free standing sign and a roof sign (Section 18.62.090, B(1) of the Anaheim Municipal Code), on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: That portion of Section 17, in Township 4 South, Range 10 West, San Bernardino Base and Meridian, described as follows: The Northerly 121 feet of the Southerly 247 feet of that portion of Section 17 in Township 4 South, Range 10 West, in the City of Anaheim, as said portion is shown on a map thereof recorded in Book 51, page 10, Miscellaneous Maps, records of said Orange County, described as follows: Beginning at a point 40.392 chains South and 30 feet West of the Northeast corner of said Section 17; thence West 9.565 chains; thence South 6.27 chains; thence East 9.56 chains; thence North 6.27 chains to the point of beginning. EXCEPTING THEREFROM that portion lying Westerly of a line that is parallel with and 203.00 feet Westerly measured at right angles, from the East line of said Section 17. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on February 27 19 67 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. pr67 -49 granting Conditional Use Permit No. 923 subject to the conditions therein set forth 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 ranting said conditional use permit and did thereupon fix the 28th day of arch 19 67 as the time and the Council Chamber in the C 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 18, Chapter 18.76 of the Anaheim Municipal Code; and -1- 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 all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful con- sideration of the recommendations of the City Planning Commis- sion 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 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. 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commis- s ion in granting said conditional use permit be, and the same is hereby sustained and that Conditional Use Permit No. 92 be, and te same is hereby, granted permitting the establishment of a walk -up restaurant, with waivers of the following Anaheim Municipal Code requirements or limitations: (a) Location of a free standing sign in relation to the property line of an abutting parcel of property; and (b) Minimum distance between a free standing sign and a roof sign, on the property hereinbefore described, subject to the following conditions: 1. That the owner of subject property shall pay to the City of Anaheim the sum of 15 per front foot, along Euclid Street, for tree planting purposes. 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 sub- stantially in accordance with plans and specifica- tions on file with the City of Anaheim, marked Exhibits Nos. 1, 2, 3, 4 and 5. 4. That a six -foot masonry wall shall be constructed along the westerly boundary of subject property. 5. That adequate bumper guards shall be provided for the protection of adjacent properties. 6. That all air conditioning facilities shall be properly shielded from view. 7. That Condition No. 1 above- mentioned shall be complied with prior to the issuance of a building permit or within a period of 180 days from date hereof, whichever occurs first, or such further time as the City Council may grant. 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 FOREGOING RESOLUTION is approved and signed by me this 28th day of March, 1967. ATTEST: 4�. Ci CLERK OF THE CITY OF ANAHEIM OR OF THE CITY OF the right to revoke or failure of said comply with and the conditions 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. 67R -172 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 28th day of March, 1967, by the following vote of the members thereof: 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. 67R -172 on the 28th day of March, 1967. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of March, 1967. (SEAL) CI 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. 67R -172 duly passed and adopted by the Anaheim City Council on March 28, 1967. City Clerk