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1965-751RESOLUTION NO. 65R -751 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 746. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from THEODORE K. WONG, FLORA WONG, FRANK KIN ENG and YEE SHEE ENG, 3410 Grove Street, Oakland, California, to establish a restaurant and cocktail lounge with on -sale liquor, on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: That portion of the northwest quarter of the southwest quarter of Section 7, Township 4 South, Range 9 West, in the Rancho San Juan Cajon de Santa Ana, County of Orange, State of California, as per map recorded in Book 51, page 10 of Miscellaneous Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the northeast corner of the land described in the deed to Alpah Beta Acme Markets, Inc., recorded December 21, 1961, in Book 5951, page 18 of Official Records; thence South 0 14' 26" West 135.00 feet along the east line of said land; thence North 89 45' 34" West 125.00 feet to a point hereinafter referred to as point "A thence South 0 14' 26" West to the center line of Lincoln Avenue, (formerly Anaheim -Olive Road) as described in the deed recorded May 17, 1915, in Book 275, page 85 of Deeds; thence North 78 54' 31" West along said center line to its intersection with a line parallel with and westerly 275.00 feet from the east line of the land described in said deed to Alpha Beta which point is the true point of beginning; thence North 0 14 26" East along said parallel line to a point North 85 56' 43" West 150.33 feet from point "A'; thence North 89 45' 34" West to the west line of said Section 7; thence South 0 14' 26" West along said west line to the southwest corner of the land described in said last mentioned deed being the intersection of the center line of Rio Vista Street with the center line of Lincoln Avenue; thence South 78 54' 31" East along said center line of Lincoln Avenue to the true point of beginning. EXCEPT that portion thereof included within the following described lines: Beginning at the intersection of the west line of said section with the center line of Anaheim Olive Road as described in the deed recorded May 17, 1915, in Book 275 page 85 of Deeds; thence North 0 19' 30" East along said west line to a line parallel with said center line that passes through a point on the east line of the west 45.00 feet of said section, North 0 19' 30" East 125.00 feet from the intersection of said east line with a line parallel with and northeasterly 53.00 feet from said center line; thence South 78 55 30" East parallel with said center line to said East line; thence continuing South 78 55' 30" East 125.00 feet; thence Southerly in a direct line to a point on the line parallel with and northeasterly 53.00 feet from said center line South 78 55' 30" East 135.00 feet from said intersection with the east line of the west 45.00 feet of said section; thence continuing southerly along said direct line to said center line; thence North 78 55' 30" West to the point of beginning. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on August 30, 1965, 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. 1748 Series 1965 -66, deny- ing Conditional Use Permit No. 746; 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 Planning Commission in denying said conditional use permit and said appeal was set for public hearing on October 5, 1965, at the City Hall, in the City of Anaheim, and notices of such public hearing were duly given as required by law and the provi- sions 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 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: 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 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. -2- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Com- mission denying said conditional use permit be, and the same is hereby disapproved, and that Conditional Use Permit No. 746 be, and the same is hereby, granted permitting the establishment of a restaurant and cocktail lounge with on -sale liquor, on the property hereinbefore described, subject to the following con- ditions: ATTEST: 1. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot, along Rio Vista Street, for street lighting purposes. 2. 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 and 3. 3. 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 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 regulations and the conditions herein. THE FOREGOING RESOLUTION is approved and signed by me this 5th day of October, 1965. te CI CLERK OF T CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 65R -751 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 October, 1965, by the following vote of the members thereof: AYES: COUNCILMEN: Pebley, Dutton and Chandler NOES: COUNCILMEN: Schutte and Krein ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 65R -751 on the 5th day of October, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 5th day of October, 1965. cX /mac. CITY 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. 65R -751 duly passed and adopted by the Anaheim City Council on October 5, 1965. CITY CLERK