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83R-399 RESOLUTION NO. 83R-399 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2479. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code from EWALD F. DARGATZ, et al., owner, and GEORGE KATSAMPES, agent, to permit on-premises sale and consumption of alcoholic beverages in conjunction with an existing billiard parlour upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: LOT 1 TRACT NO. 3886, AS SHOWN ON A MAP RECORDED IN BOOK 151, PAGES 8, 9, AND 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THEREFROM THE WESTERLY 130.00 FEET OF THE NORTHERLY 120.00 FEET, SAID 130.00 FEET AND 120.00 FEET BEING MEASqRED FROM THE TANGENT PORTIONS OF THE WESTERLY AND NORTHERLY LINES, RESPECTIVELY OF SAID LOT 1; 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. PC83-l45, denying Conditional Use Permit No. 2479; 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: ".'~_"'_.. ---<;f -- 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. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. The variance(s) will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance(s) under the conditions imposed will not be detrimental to the peace, health, safety or 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 denying said conditional use permit be, and the same is hereby, reversed and that Conditional Use Permit No. 2479 be, and the same is hereby, granted permitting on-premises sale and consumption of beer in an existing billiard parlour on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTION 18.06.050.0231 AND 18.44.066.050 Minimum number of parking spaces. (l34 spaces required; 108 spaces pro- posed) subject to the following conditions: -2- __.....r............._.., 1. That prior to Planning Department approval of an ABC (Alcoholic Beverage Control) license for on-sale beer, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 2. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 414 to the Planning Department. 3. 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. 4. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition No.2, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 5. That prior to final building and zoning inspections, Condition No.3, abov,e-mentioned, shall be complied with. 6. That the on-premises sale and consumption of alcoholic beverages shall be limted to beer only. 7. That food will at all times be available for service and consumption on the premises. 8. That this conditional use permit shall expire six months from the date of this resolution. BE IT FURTHER RESOLVED that the City Council does hereby find and determine t~at 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 unenforceable by the final judgment 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 11th day of Oct , 1983. MA ATTEST: ~ '..4... )~ CITY CLERK OF THE .' OF ANAHEIM JLW/fm l6l0M 10/25/83 -3- ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. ~3R-399 was introduced and adopted at a regular meeting provided by law, of t~e City Council of the City of Anaheim held on the 11th day of October, 1983, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ov~rholt, Bay and Roth NOES: COUNCIL MEMBERS: Kaywood and Pickler ABSENT: COUNC IL MEMBERS: N ~e AND I FURTHER certify that t~ Mayor of the City of Anaheim signed said Resolution No. 83R-399 on the 11th day of October, 1983. IN WITNESS WHEREOF, I have he~eunto set my hand and affixed the seal of the City of Anaheim this 11th day of October, 1983. ~J~.)~~~ CITY CL RK OF THE CITY 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. 83R-399 duly passed and adopted by the Anaheim City dounci1 on October 11, 1983. ~/~~ CITY CLERK --