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84R-454 I""" ..-.. RESOLUTION NO. 84R-454 A RESOLUTI~~ OF THE CITY COUNCIL OF THE CITY OF ANAHEIM,i,.. ~RANTING CONDITIONAL USE PERMIT NO. 2621, t~ PART. l~ WHEREAS, t.~ City P~anning Commission of the City of Anaheim did receive .~ applic+tion for a conditional use permit with a waiver of cer~~in provisions of the Anaheim Municipal Code from Woodbridge Vill.ge, Ltd.. owner to permit on premise sale and consumption of alcoh~lic beverages in a proposed semi-enclosed restaurant with a wa~ver of certain provisions of the Anaheim Municipal Code upon ~~rtain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1, IN TH~' CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFO 'IA, AS $HOWN ON PARCEL MAP NO. 81-252 FILED IN BOOK l~ PAGES 41 and 42 OF PARCEL MAPS, IN THE OFFICE OF T~ COUNTY RECORDER OF SAID COUNTY~ and WHEREAS, t~e City Planning Commission did hold a public hearing upon said app~ication at the City Hall in the City of Anaheim, notices of ~hich public hearing were duly given as required by law and ~he provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code~ and WHEREAS, s~id Commission, after due inspection, investigation and stppies mad~ by itself and in its behalf and after due considerat~bn of all evidence and reports offered at said hearing, did adp~t its R~solution No. PC 84-197 granting Conditional Use PermJ~ No. 2621, but denying the requested waiver of code requirements~ and WHEREAS, t~~reafter" within the time prescribed by law, an interested party ~ the City Council, on its own motion, caused the review of! !said Planning Commission action at a duly noticed public hearip9~ and WHEREAS, a~ the time and place fixed for said public hearing, the City C~cil did duly hold and conduct such hearing and did give all per~ons interested therein an opportunity to be heard and did receiv~ evidence and reports~ and ~, WHEREAS, t~e City Council finds, after careful consi- deration of the rec~mendations of the City Planning Commission and all evidence andireports offered at said hearing, that: 1. The propos~d use is properly one for which a conditional use permi t is author!iized by the Anaheim Municipal Code. II r ,,,,",,,, 2. The propos,d 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. i~ 3. The size a.~ shape Qf the site proposed for the use is adequate to allow th, full de.elopment of the proposed use in a manner not detriment~~ to the particular area nor to the peace, health, safety and g'~eral welfare. 4. The traffifgenerat,d by the proposed use will not impose an undue burd'~ upon t~e streets and highways designed and improved to carry th. traffic in the area. 5. The grantir'~ of the conditional use permit under the conditions imposed w,1l not b. detrimental to the peace, health, safety and general w.~fare of the citizens of the City of Anaheim. AND WHEREA$, the City Council does further find, after careful consideratio*of the .ction of the City Planning Commission and all et.~.'dence and reports offered at said public hearing before the C ty Council regarding said requested waiver(s), that all ~f the conditions set forth in Section 18.06.080 of the Ana.~im Muni~ipal Code are not present and that said waiver(s) shoulfbe denied, for the following reasons: 1. The variante will cause an increase in traffic congestion in the im.~diate vicinity or adversely affect the adjoining land uses~'~nd 2. The granti,~ of the variance will be detrimental to the peace, health, safettJor general welfare of the citizens of the City of Anaheim. ' NOW, THEREtPRE, BE IT RESOLVED by the City Council of the City of Anaheim~at, for the reasons hereinabove stated, the action of the City p~~nning Commission granting said conditional use permit be, and t~e same is hereby, affirmed and that Conditional Use Perm~t No. 2621 be, and the same is hereby, granted permitting 0* premise sale and consumption of alcoholic beverages in a propo.~d semi-enclosed restaurant on the hereinabove describe.: real property but that the requested waiver of the following pro~~sions of the Anaheim Municipal Code: (a) SECTIONS 12, - Minimum number of 2, parking spaces. (189 31 spaces required~ 180 o spaces proposed) . ,,-.,.,. AND be denied. Approval Of said Conditional Use Permit shall be subject to the follo~~ng conditions: 1. That trash:~torage areas shall be provided in accordance with approVed plans on file with the Street Maintenance and Sanitataon Division. -2- II (' ~ 2. That all air conditioning facilities shall be properly shielded ftom view, and the sound buffered from adjacent properties. 3. That the ptoposal sball comply with all signing reqUiremenit' of the. CLZone, unless a variance allowing sign waivet.. is apptoved by the Planning Commission or City Counc.i ,....-..", 4. That subje,~ property shall be developed substantially in accorda.~e with plans and specifications on file with the City otAnaheim marked Exhibit Nos. 1 through 9, provided, ~owever that off-street parking shall be provided o*-site and/or off-site in accordance with all vehicular *~quirememts of Title 18 of the Anaheim Municipal ~ode. 5. That prior to the commencement of the activity authorizedtunder this resolution, or final building and zoning instections, whichever occurs first, Conditions Nos. 1, 2 .nd 4, above-mentioned, shall be complied with. BE IT FURT'~R RESOLVED that the City Council does hereby find and determine t~~. t adoption of this Resolution is. expressly predicated upon appl~bant's compliance with each and all of the conditions hereinabo.~ 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 .pprovals herein contained, sh~ll be deemed null and void. ' . THE FOREGOJNG RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 20th day of November, 1984. ~~~ - ATTEST: ~~~~ CI CLERK OF THE CI OF ANAHEIM ~, 1970U 12/11/84 -3- ,.,..." ,~ STATE OF CALIFORNIA ) COUITY OF ORANGE ) SSe CIn 0' ANAHEIM ) I, LEOIJORA N. SOijL, City Cle'f 0,( the ClLty of Anaheim, do hereby certify that the fOfego1ns R~lution No.1 4R-454 waJi i~troduced and adopted at a regular meetina pr~vided by law, of ' e City Co~cl1 of the City of Anaheim held on the 20th day of November, 191, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, 8ay, Overholt, Pick.ler and Roth NO&S: COUN~IL MEMBERS:f iNone COUNCIL MEMBERS: I None ABSINTI AND I FURTHER certify that t~, Mayor of the City of ADaheim signed said Resolution No. 84R-454 on th.;20th day of November, 1984. IN, WI'1IIlS,S WHERE,. OF,:J: have h.t, eunto se~ my hand and affixed the seal of the City of Anaheim this 20th day I of Noveabler, 1984. i, ..~. --;{s:~ dITf (;ITY ot ~ ' ( SEAL) I, LEQJ,. ORA N: SOBLr City Cle~~,' of the City of Anaheim, do here~y certify ~at the fcaea01ng is the originafl. of Resol~tion No. 84R-454 duly passed and ada,ptej by the ~~eim City ~uncil on November 20, 1984. (, ~~Tr~S:~ y , / ') ;l (