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86R-269 RESOLUTION NO. 86R-269 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2791. WHEREAS. the City Planning Commission of the City of Anaheim did receive an application fo~ a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code from DEVTECH, INC., 1812 Fairford Drive. Fullerton. California 92633. owner. and ANTONIO F. TRIOLO. 508 Beach Boulevard, Anaheim, California 92804, agent. upon certain real propertY~located within the City of Anaheim. County of Oranqe. State of California, legally described as: THE WEST 330 FEET OF THE SOUTH 396 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13. TOWNSHIP 4. SOUTH. RANGE 11 WEST. IN THE RANCHO LOS COYOTES. AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS. RECORDS OF ORANGE COUNTY. CALIFORNIA. EXCEPTING THEREFROM THE SOUTH 175 FEET OF THE NEST 227 FEET. ALSO EXCEPTING THEREFROM THE WEST 92 FEET. PARCEL 2: THE SOUTH 175 FEET OF THE NEST 227 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13. IN TOWNSHIP 4 SOUTH. RANGE 11 NEST. RANCHO LOS COYOTES. AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51. PAGE 7. ET SEQ.. MISCELLANEOUS MAPS. RECORDS OF ORANGE 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 qiven as required by law and the provisions of Title 18. Chapte~ 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. PC86-115 qrantinq Conditional Use Permit No. 2791; 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 bearing 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 offeced 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. 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 adjoininq land uses; and 2. The granting of the variance(s) under the conditions imposed will not be detrimental to the peace. health. safety. or qeneral 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 granting said conditional use permit be. and the same is hereby. affirmed and that Conditional Use Pe~mit No. 2791 be. and the same is hereby. granted permitting on-sale beer and wine in a proposed restaurant on the hereinabove described ceal property with a waiver of the following provisions of the Anaheim Municipal Code: -2- SECTIONS 18.06.050.0232 18.06.080. AND 18.44.066.050 Minimum number of parking spaces. (138 spaces re- quired; 114 spaces proposed) subject to the following conditions: 1. That prior to issuance of a building permit. primary water main fees shall be paid to the City of Anaheim. in an amount as determined by the Office of the Utilities General Manager. 2. That prior to issuance of a building permit. the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for new commercial. 3. That all dtiveways shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 4. That the existing most easterly driveway on Orange Avenue shall be removed and replaced with a standard curb. gutter. sidewalk and landscaping. 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 and 2. 6. That prior to final building and zoning inspections. Condition Nos. 3 and 4. above-mentioned. shall be complied with. 7. That no alcoholic beverages. except beer and wine shall be sold or consumed on the premises of the subject conditional use permit. 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 app~oved and adopted by the City Council of the City of Anaheim this lOth day of June. 1986. d~ R OF THE CITY~Fj:;-~~- ATTEST: .~~ ~CITY CLERK OF JWF:fm/5604M 073086 -3- CLERK 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. 86&-269 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 June, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Bay and Pickler NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: Roth AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-269 on the 10th day of June, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of June, 1986. (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 86R-269 duly passed and adopted by the Anaheim City Council on June 10, 1986. ~-~.r~ .CITY CLElU{