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83R-192 - RESOLUTION NO. 83R-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO . 24 2 4 . ~. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from BEN AND MARY LOU HATHAWAY, owners, and CLARINDA L. WILLIAMSON, agent, to permit a walk-up window in an existing restaurant with a waiver of the minimum number of off-street parking spaces on certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE WEST 190 FEET OF THE NORTH 210 FEET OF THE NORTH- WEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCEL- LANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY: 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 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, 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. PC83-60, granting Conditional Use Permit No. 2424; 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 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. -1- - 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 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. 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 Variance will not cause an increase in traffic con- gestion in the immediate vicinity nor adversely affect any ad- joining land uses: and 2. The granting of the Variance 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 the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2424 be, and the same is hereby, granted permitting a walk-up window in an existing restaurant with a waiver of the following provision of the Anaheim Municipal Code on the hereinabove described real property: SECTIONS 18.06.050.0233 AND 18.48.066.050 Minimum number of parking spaces. (79 spaces required; 35 spaces existing> subject to the following conditions: -- 1. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No.1. 2. That the owner of subject property shall submit a let- ter requesting termination of Variance Nos. 3225 and 748 to the Planning Department prior to commencement of the activity herein approved or issuance of a building permit, whichever occurs first. -2- - 3. That prior to final building and zoning inspections, Condition No.1, above-mentioned, shall be complied with. 4. That there shall be no outdoor seating, other than five wrought iron benches, as shown on Exhibit No.2. - 5. That there shall be no signing to advertise the walk-up window to passing vehicular traffic. 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 un- enforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. City THE FOREGOING RESOLUTION is approved and adopted by the Council of the City of Anaheim ~d4~ MAYOR OF THE CITY OF A- HElM ATTEST: ~ J. ~.L:>~~ CITY CtERK OF THE .. Y OF ANAHEIM JLW: fm 1188M 6-13-83 ..--. -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. 83R-192 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 May, 1983, by the following vote of the members thereof: ---. AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-192 on the 10th day of May, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of May, 1983. CI~T~M (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-192 duly passed and adopted by the Anaheim City Council on May 10, 1983. ~.i~~~ ~ CITY CLERK ~.