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64-660 iiESOLUTION NO. 6411-660 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 577. ~i,~EREAS, the City Planning Commission of the City of Anaheim did receive an application for a Conditional Use Permit from CU~iTIS W. REEDY, CRENSHAW CARPET CENTER, INC., and MARVIN B. KAPELUS to establish a food bazaar -- a restau- rant consisting of 21 common eating concessions with a common dining area, and a cocktail lounge, and permitting a waiver of the 35-foot height limitation, on the following described property situated in the City of Anaheim, County of Orange, State of California, ~o wit: PARCEL 1: The west 292 feet of that portion of the s'°ut'hea~st quarter of Section 22, in Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, county of Orange, State of California, as shown on a map thereof recorded in book 51, page 10, Miscellaneous Maps, records of said Orange County, described as follows: Commencing at the southwest corner of said southeast quarter; thence north 675.00 feet along the west line of said southeast quarter; thence east 833.51 feet parallel with the south line of said southeast ~uarter to the true point of beginning; thence south 0°~16' 30~ east 675.11 feet to a point, said point being also the southeasterly corner of the land described in deed to Alwyn S. Jewell and Lucille G. Jewell, recorded October 5, 1959, in book 4912, page 102, Official Records; thence east along the south line of said southeast quarter, 486.49 feet to the southeast corner of land conveyed to Donald F. Rea, by deed recorded December 1, 1958, in book 4521, page 543, Official Records; thence north along the east line of said land conveyed to Rea, 675.00 feet to the northeast corner thereof; thence west along the north line of said land of Rea to the true point of beginning; EXCEPT THEREFROM the west 150 feet of the south 360 feet; ALSO EXCEPT THEREFROM the south 60 feet included within Iiatella Avenue, 120 feet wide. PARC~ 2: That portion of the southeast quarter of Section 22, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, in the county of Orange, State of California, as shown on a map thereof recorded in book 51, page 10, Miscellaneous Maps, re- cords of Orange County, California, described as follows: Commencing at the southwest corner of said southeast quarter; thence north 675.00 feet along the west line of said southeast quarter; thence east 833.51 feet parallel wit~. the south line of said southeast ~uarter to the true point of beginning; thence south 0© 16~ 30" east 675.11 feet to a point, said point being also the southeasterly -1- corner of the land described in deed to Alwyn S. Jewell and Lucille G. Jewell, recorded October 5, 1959, in book 4912, page 102, Official Records; thence east along the south line of said southeast quarter 486.49 feet to the southeast corner of land conveyed to Donald F. Rea by deed recorded December 1, 1958, in book 4521, page 543, Official Records; thence north along the east line of said land conveyed to Rea, 675.00 feet to the northeast corner thereof; thence west along the north line of said land of Rea to the true point of beginning. EXCEPT THEREFROM the south 60 feet included within Katella Avenue, 120 feet wide; ALSO EXCEPT THEREFROM the west 292 feet. 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 3, 1964, 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 ~EREAS, 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. 1289 Series 1964-65, granting Conditional Use Permit No. 577, subject to certain conditions therein set forth; 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 granting said Conditional Use Permit and said appeal was set for public hearing on the 8th day of September, 1964, at the City Hall, in the City of Anaheim, 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 I~EREAS, 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 consideration of the recommendations of the City Planning Com- mission and all evidence and reports offered at said hearing, that: The proposed use is properly one for which a Conditional Use Permit is authorized by the Anaheim Municipal Code. 2e The proposed use will not adversely affect the adjoining land uses and the growth and develop- ment of the area in which it is proposed to be located. Be The size and shape of the site proposed for the use is adequate to allow the full development of -2- the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. e 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. 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 granting said Conditional Use Permit be, and the same is hereby sustained, and that Conditional Use Permit No. 577 be, and the same is hereby, granted permitting the establishment of a food bazaar -- a restaurant consisting of 21 common eating concessions with a common dining area, and a cocktail lounge, and permitting a waiver of the 35-foot height limitation on the property hereinbefore described, subject to the following conditions: (a) That all engineering requirements of the City of Anaheim along Katella Avenue, including prepara- tion of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant ~ork shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer; and (b) that a bond in an amount and form satisfactory to the City of Ana- heim shall be posted with the City to guarantee the installation of said engineering requirements. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot, along Katella Avenue, for street lighting purposes. That the owners of subject property shall pay to the City of Anaheim the sum of 15¢ per front foot, along Katella Avenue, for tree planting purposes. That trash storage areas shall be provided in ac- cordance with approved plans on file in the Office of the Director of Public Works and Superintendent of Streets, prior to final building inspection. That fire hy~drants shall be installed as required and determined to be necessary by the Chief of the Fire Department, said fire hydrants to be installed prior to final building inspection. That a strip of land of a minimum width of 20 feet along the Katella Avenue frontage of subject property, as indicated on Exhibit No. 1, shall be landscaped and said landscaping maintained; that plans for said -3- landscaping shall be submitted to and approved by the Superintendent of Parkway Maintenance; and that said landscaping shall be installed prior to final building inspection. That all air conditioning facilities shall be properly shielded from view from abutting streets. That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibits Nos. 1 through 5. ® That Conditions Nos. l(b), 2 and 3 above-mentioned shall be complied with within a period of 180 days from date hereof or prior to the issuance of a building permit, whichever occurs first, or within 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 condi- tions herein. THE FOREGOING RESOLUTION is approved and signed by me this 8th day of September, 1964. ATTEST: ~AYDP4/OF THE CITY OF ANAHEIM 'CIT~ CLERK 'OF" 'ThE cIT'Y OF ANAhEIm{ -4- 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 foreuoin9 Resolution No. 64R-660 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 8th day of September, 1964, by the followin9 vote of the members the=eof: AYES: :COUNCILMEN: Pebley, Krein and Dutton NOES: COUNC ILN[SN: None ABSENT: COUNC II3~EN: Schutte TEMPORARILY ABSENT: COUNCIIJ~N: Chandler Pro /em AND I FUR/HER CERTIFY that the Mayor/of the City of Anaheim approved and signed said Resolution No. 64R-660 on the 8th day of September~ 1964. IN WI/NESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of September~ 1964. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM