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1981-102RESOLUTION N0. g1R-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM QRANTIN(3 CONDITIONAL USE PERMIT WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from LEASE-ALL LA PALMA, INC., owner; and THE LEAVERTON COMPANY, agent, to permit a sandwich shop with on-sale beer and wine on certain real property located in the City of Anaheim, ~,c~unty of Orange, State of California, legally described as: Parcel 14 in the City of_ Anaheim, County of Orange, State of California, as shown on a map filed in Rook 132 of Parcel Maps, pages 6 and 7, in the office of the County Recorder of said County; and -1- ATTY-26 (Paps 1 of 2 Pays) WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as re- quired by law and the provisions of Title 18, Chapter 18.03 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. PC81-9 , approving Conditional Use Permit No. 2 and WfiEREAS, thereafter, within the tine prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; 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 WIiEREAS, 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 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 im- pose an undue burden upon the streets and highways 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 Commission a rovin _ said conditional use permit be, and the same is Here y, affirmed and that Conditional Use Permit No. 2161 be, and the same ~s~ereby, granted permitting a sandwich shop with on--sale beer and wine on the hereinabove described property, subject to the following conditions: ~- 2- ATTY-26 (Page 2 of 2 Pages) 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 and 2. 2. That the proposed use is hereby granted for a period of "°~" three (3) years subject to review for possible extensions of time upon written request from the petitioner to determine whether the use has had an adverse affect on surrounding businesses. 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 owner, its successors or assigns to com- ply with the Anaheim municipal Code and regulations and the condi- t ions therein . BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicants' compliance with each and all of the con- ditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judg- ment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 10th da~..e~ March, 1981. F THE CID'Y OF ANANE IM ATTEST: CITY CLERK F THE ITY OF ANAHEIM J LbV : fm -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. 81R-102 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 10th day of March, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 81R-102 on the 10th day of March, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of March, 1981. CITY C ERK OF THE CITY 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. 81R-102 duly passed and adopted by the Anaheim City Council on March 10, 1981. iV~ ~- ITY CLERK