69R-209RESOLUTION NO. 69S -2n9
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING CONDITIONAL USE
PERMIT NO. 1103
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
from MELVIN SHANTZ and GLENN BURCHETT, 1741 West Katella Avenue,
Anaheim, California, to permit the establishment of a spaghetti
restaurant with on -sale beer and wine (18.40.060[g]) with a
waiver of the interior side yard setback (Section 18.40.070[3 -a]
of the Anaheim Municipal Code), on the following described
property situated in the City of Anaheim, County of Orange,
State of California, to wit:
and
That portion of the Northwest quarter of the North-
west quarter of the Northwest quarter of Section 13,
Township 4 South, Range 10 West, San Bernardino Base
and Meridian, in the Rancho San Juan Cajon de Santa
Ana, in the City of Anaheim, County of Orange, State
of California, described as follows:
Beginning at the Southwest corner of land described
in deed to Mae Hunton, recorded April 10, 1950, in
Book 1996, page 192 of Official Records, said point
being in the West line of said Section 13 and distant
Southerly 178.00 feet from the Northwest corner of
said Section 13; thence South 89° 51' 20" East 330.00
feet to the Southeast corner of said land of Mae Hunton;
thence North 0° 05' 30" East 178.00 feet to the North-
east corner of said land of Mae Hunton; thence South
89° 51' 20" East 13.25 feet along the North line of
said Section 13 to the Northwest corner of the land
described in deed to C. Richard Geilus and wife, re-
corded May 3, 1951 in Book 2183, page 539 of Official
Records; thence South 0° 05' 30" West 368.02 feet along
the Westerly line of said land of C. Richard Geilus
to the Northeast corner of land described in deed to
William J. Vetter and wife recorded December 4, 1951,
in Book 2260, page 142 of Official Records; thence
North 89° 51' 20" West 343.24 feet along the North
line of said land of William J. Vetter to the West
line of said Section 13; thence North 0° 05' 30" East
190.27 feet to the point of beginning.
AND WHEREAS, the City Planning Commission did.hold a
public hearing at the City Hall in the City of Anaheim upon
said application on March 24 19 69 notices of
which said public hearing were duly given as required by law
and the provisions of Title 18, Chapter 18.76 of the AnaheiM-
Municipal Code; and
WHEREAS, said Commission, after due inspection, in-
vestigation 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. PC69 -61
granting Conditio*a.l Use erm t No. 1103
cnhject to the rnndi ti nns_±herein set forth
WHEREAS, thereafter, within twenty -two (22) days from
the date of the adoption of said resolution, the City Council
did elect, upon its own motion, to review the action of the
City Planning Commission in granting said conditional use
permit and did thereupon fix the day of ppri1
19 as the time and the Council amber in the C ity Hall
of the City of Anaheim as the place for a public hearing upon
said conditional use permit, and notices of such public hearing
were duly given as required by law and the provisions of Title
18, Chapter 18.76 of the Anaheim Municipal Code; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hear
ing 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 conside-
ration 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
adjoining 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 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 high-
ways 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 Com-
mission gran said conditional use permit be, and
the same is hereby P and that Conditional Use
Permit No. viol be, and the same is hereby, granted
permitting the establishment of a spaghetti restaurant with on -sale
beer and wine, 18.40.060(g), with a waiver of the interior side
yard setback (Section 18.40.070(3 -a] of the Anaheim Municipal Code)
on the property hereinbefore described subject to the following
conditions:
1. That this Conditional Use Permit is granted subject
to the completion of Reclassification Proceedings
No. 68- 69 -78.
2. That a metal beam guard rail on wooden posts,or such
other barrier which is acceptable to the City Engineer
shall be erected along the easterly boundary of the
proposed paved parking area to prevent vehicular access
to the unpaved portion of subject property. This
barrier shall be erected prior to final building inspection.
-2-
3. That subject property shall be developed substan-
tially in accordance with plans and specifications
on file with the City of Anaheim marked Exhibits
Nos. 1, 2 and 3.
The City Council hereby reserves the right to revoke
such conditional use permit for good cause or failure of said
owners, their heirs, successors or assigns, to comply with the
Anaheim Municipal Code and regulations and the conditions herein.
THE FOREGOING RESOLUTION is approved and signed by
me this 22nd day of April, 1969.
ATTEST:
CLE OF THE CITY. OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
CITY OF ANAHEIM
s ,/00a 1 4_--
MAYOR 0 THE CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and
adopted at a regular meeting of the City Council held on the 22nd
day of April, 1969, by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Pebley
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 22nd day of
April, 1969.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 22nd day of April,
1969.
CI Y CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
69R -209 duly passed and adopted by the Anaheim City Council on April
22, 1969.
City Clerk