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84R-220 RESOLUTION NO. 84R-220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO . 2571. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from COSMO V. TAORMINA and ARLENE TAORMINA, owners, and DOMENICO DI SANZO, agent, to permit on-premise sale and consumption of beer and wine in conjunction with an existing restaurant upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: LOTS 47, 48 AND 49, 50, 51, 102, 103, 104, 105 AND 106 OF EUCALYPTUS FOREST TRACT IN THE CITY OF ANAHEIM COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5 PAGES 29 AND 30 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY. ALSO THAT PORTION OF THE SOUTHERLY 1/2 OF ORANGE STREET LYING WESTERLY OF BLUE GUM STREET AND ABUTTING THE ABOVE DESCRIBED PROPERTY ON THE NORTH~ 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. PC84-91 denying Conditional Use Permit No. 2571~ 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. ~"",,","';"70___. 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 ~se 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, 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. 2571 be, and the same is hereby, granted permitting on-premise sale and consumption of beer and wine in conjunction with an existing restaurant on the hereinabove described real property, subject to the following conditions: 1. That street lighting facilities along Coronado Street and Blue Gum Street shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities Manager, and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to approval of improvement plans. The above-required improvements shall be installed prior to commencement of the activity authorized by this resolution. 2. That prior to issuance of a building permit, primary water main fees shall be paid to the City of Anmaheim, in an amount as determined by the office of the Utilities General Manager. 3. That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 4. That the proposal shall comply with all signing requirements of the ML Zone unless a variance allowing sign waivers is approved by the Planning commission or the City Council. -2- ""-'~~'-- 5. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 6. That prior to the commencement of the activity authorized under this resolution, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. l, 2, 3, 4 and 5, 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. 7. That beer and wine shall be served only in conjunction with the service of food to customers. 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 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 12th day of June, 1984. ~~~ YOR OF THE CITY OF ANAHEIM ATTEST: 'LA- ~~ CITY CLERK OF THE CITY OF ANAHEIM JLW/fm 2740M 6/29/84 -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 84R-220 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 12th day of June, 1984, by the following vote of the members thereof: .-- AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler 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. 84R-220 on the 12th day of June, 1984. IN WITNESS WHEREOF, I have h~reunto set my hand and affixed the seal of the City of Anaheim this 12th day of June, 1984. L~ r?(S~ CITY CLERK OF THE CITY OF ANAHEIM ( SEAL ) I, LEONORA N. ~OHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 84R-220 duly passed and adopted by the Anaheim City Council on June 12, 1984. ~<-- rJLSLL CITY CLERK _<~,.",.,~...,.,.c,.,....,,,,,,.,,."_.,",~ _