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1981-155RESOLUTION NO. 81R-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2169. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ORANGE COUNTY WATER DISTRICT, owner, and DOUGLAS ELLIOTT, agent, to permit a private recreational fishing facility with on-premises sale and consumption of beer and wine upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: That portion of fractional Section 4, Township 4 South, Range 9 West, S.B.B. & M. and that portion of Lots 18, 19, 22 and 23, all in Block 36 of the Yorba Linda Tract, as per map recorded in Book 5, pages 17 and 18 of Miscellaneous Maps, Records of Orange County, located in the City of Anaheim, County of Orange, State of California, described as follows: Commencing at the intersection of the centerline of La Palma Avenue, 106 feet wide, with the intersection of Tustin Avenue; thence South 88° 28' 02" East 399.99 feet along a portion of the centerline of La Palma Avenue; thence South Ol° 31' 53" West a distance of 53 feet to the true point of beginning; thence South 88° 28' 02" East 100.05 feet to the beginning of a tangent curve concave Northwesterly and having a radius of 1253 feet; thence Easterly and Northerly along said curve through a central angle of 51° 29' 14" an arc distance of 1125.97 feet; thence North 40° 02' 44" East 540.00 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 1547 feet; thence Northeasterly along said curve through a central angle of 38° 54' 30" an arc distance of 1050.53 feet; thence South 07° 28' 30" West 321.96 feet; thence North 89° 49' 17" East 746.05 feet; thence 00° 11' 05" East 1117.94 feet; thence South 89° 48' 18" West 160.44 feet; thence South 00° 11' 05" East 117.5 feet; thence South 89° 48' 18" West 760.00 feet more or less to Westerly line of said Lot 23, in Block 36 of the Yorba Linda Tract; thence along said Westerly line South 07° 27' 48" West 1126.62 feet to the Southeast corner of Lot 2 of said fractional Section 4, T. 4 S., R. 9 W., SBB & M; thence along the Southerly line of said Lot 2 North 89° 11' 22" West 1050.14 feet more or less to the Southwest corner of said Lot 2; thence South Ol° 19' 45" West 506.45 feet; thence South 60° 07' 45" West 389.81 feet thence South 79° 51' 45" West 285 feet; thence North 47° 43' 06" West 529.43 feet; thence North 41° 45' 59" West 249.85 feet; thence North 45° 55' 05" West 127.42 feet; thence North O1° 31' 53" East 78.90 feet; thence South 89° 11' 22" East 330.02 feet; thence North O1° 31' 53" East 789.12 feet; thence South 89° 11' 22" East 40.00 feet; thence North O1° 31' 53" East 473.09 feet to the true point of beginning; and 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 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. PC81-34, granting Conditional Use Permit No. 2169; and WHEREAS, thereafter, within the time 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 WHEREAS, the City Council finds, after careful consi- deration 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 adjoin- ing 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 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, for the reasons hereinabove stated, the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, sustained and that Conditional Use Permit No. 2169 be, and the same is hereby, granted permitting a private recreational fishing facility with on-premises sale and consumption of beer and wine on the hereinabove described real property, subject to the following conditions: -2- 1. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 2. That the radius of the driveway approach to subject property shall be increased and the proposed ticket booth shall be relocated in accordancr with the requirements of the Traffic Engineer. 3. That the subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anahrim marked Exhibit No. 1. 4. That Condition Nos. 1, 2 and 3, above-mentioned, shall be complied with prior to final building and zoning inspections, or prior to commencement of the activity herein approvved, whichever occurs first. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unen- forceable by the final judgment of any court of competent juris- diction, then this Resolution, and any approvals herein con- tained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 31st da~t~ March, 1981. OR'OF THE CIT~OF ANAHEIM ATTEST: 3C I(/~~~CY CLERK OF TH ITY OF ANAHEIM JLW/kh 0154U 8/29/83 -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-155 was introduced and adopted at a regular -~,,,, meeting provided by law, of the City Council of the City of Anaheim held on the 3~sf day of March, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour NOES: COUNCIL MEMBERS: None. ABSENT: COUNCIL MEMBERS: Bay AND I FURTHER certify that the Mayor of the City of Anaheim signed.. said Resolution No. 81R-155 on the 31st day of March, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 31st day of ;March, 1981. CITE CLERK OF THE CITY 0~ 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-155 duly passed and adopted by the Anaheim City Council on March 31, 1981. CITY CLERK ""~