83R-094
RESOLUTION NO.83R-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2414.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from NORTH AMERICAN INVESTMENTS, owner, and QUY VIET TONG, agent,
to permit a beer and wine tavern on certain real property located
within the City of Anaheim, County of Orange, State of California,
legally described as:
PARCELS 1 TO 4, INCLUSIVE, AS PER MAP FILED IN BOOK
148, PAGES 8 AND 9 OF PARCEL 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
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. PC83-28, denying
Conditional Use Permit No. 2414: 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.
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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 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. 2414 be,
and the same is hereby, granted permitting a beer and wine tavern
on the hereinabove described real pro:
1. That the handicap access ramps and sidewalk be
completed to the satisfaction of the City Engineer prior to
commencing the activity authorized under this conditional use
permit.
2. 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.
3. That Condition No.2, above-mentioned, shall be
complied with prior to final building and zoning inspections.
4. That any live entertainment shall be limited to Friday,
Saturday and/or Sunday nights between the hours of 8:30 p.m. and
12:00 midnight only.
5. That the establishment shall at all times maintain a
kitchen for preparation of food items which kitchen shall have an
area of not less than 579 square feet.
6. That sale of alcoholic beverages shall be limited to
beer and wine only which beverages shall be served in conjunction
with food to the extent required to conform to any applicable
requirements or limitations of the license or regulations of the
Alcoholic Beverage Control Board of the State of California.
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.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 1 th day of March, 1983.
ATTEST:
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IT CLERK OF HE Y OF ANAHEIM
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079lM
3-24-83
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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. 83R-94 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 15th day of March, 1983, by the following vote of the members thereof:
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AYES:
COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth
NOES:
COUNCIL MEMBERS: None
ABSTAINED:
COUNCIL MEMBERS: Bay
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 83R-94 on the 15th day of March, 1983.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 15th day of March, 1983.
~.LJ...o~
Y LERK OF THE CIT F ANAHE 1M
(SEAL)
It LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 83R-94 duly passed and adopted
by the Anaheim City Council on March 15, 1983.
CXLJ~~
\ CITY CLERK
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