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1977-229WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from LARRY R. SMITH, owner, and LENARD E. COLEBY, agent, to per- mit on-sale beer in a proposed billiard parlor and arcade on the following described property: ATTY-26 (Page 1 of 3 pages) RESOLUTION NO. 77R-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1687 THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTH- EAST QUARTER OF SECTION 15, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION; THENCE SOUTH 89° 36' WEST 248.02 FEET; THENCE NORTH 53° 24' WEST ALONG THE PACIFIC ELECTRIC RAILROAD RIGHT-OF-WAY 521.62 FEET; THENCE NORTH 0° 13' WEST 72.95 FEET; THENCE NORTH 89° 36' EAST 222.3 FEET TO THE INTERSECTION WITH A LINE PARALLEL WITH THE EAST LINE OF SAID SECTION AND DISTANT WESTERLY 443.00 FEET FROM SAID EASTERLY LINE OF SAID SECTION, SAID INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH SAID EAST LINE, SOUTH 0° 15' 45" EAST 170.00 FEET; THENCE NORTH 89 36' EAST 240.00 FEET; THENCE PARALLEL WITH SAID EAST LINE SOUTH 0 15' 45" EAST 163.74 FEET TO A LINE PARALLEL WITH AND DISTANT 53.00 FEET NORTHERLY FROM TI-iE COURSE HEREINBEFORE DESCRIBED AS "SOUTH 89 36' WEST 248.02 FEET"; THENCE PARALLEL WITH SAID COURSE, NORTH 89 36' EAST 20.00 FEET TO THE WESTERLY LINE OF THE EAST- ERLY 183.00 FEET OF SAID SECTION; THENCE ALONG SAID WESTERLY LINE, NORTH 0 15' 45" WEST 163.74 FEET TO A LINE PARALLEL WITH AND DISTANT SOUTHERLY 170.00 FEET FROM THE EASTERLY PROLONGATION OF THAT CERTAIN COURSE DESCRIBED ABOVE AS "NORTH 89° 36' EAST 222.3 FEET"; THENCE ALONG SAID PARALLEL LINE NORTH 89° 36' EAST 130.00 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY 53.00 FEET FROM SAID EASTERLY LINE OF SAID SECTION; THENCE ALONG SAID LAST DESCRIBED PARALLEL LINE NORTH 0° 15' 45" WEST 170.00 FEET TO A LINE WHICH BEARS NORTH 89° 36' EAST AND WHICH PASSES TuROUGLI THE TRUE POINT OF BEGINNING THENCE ALONG SAID LAST 21]1\.- TIONED LINE, SOUTH 89° 36' WEST 390.00 FEET TO THE TRUE POINT OF BEGIFNIPG. -1- AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said annlication on the 28th day of February, 1977, 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, inves- tigation 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. PC77 -52, denying Conditional Use Permit No. 1687; and WHEREAS, thereafter within twenty -two (22) days from the date of the adoption of said resolution, a written appeal was filed with the City Council protesting the action of the City Plan- ning Commission in denying said conditional use permit and said anneal was set for public hearing on the 5th day of April, 1977, at the City Hall, in the City of Anaheim, 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 hearing and did give all persons interested therein an opportunity to he heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consider- ation 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 develop- ment 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. -2- 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. 1687 be, and the same is hereby, granted permitting on -sale beer in a proposed billiard parlor and arcade on the aforedescribed property, subject to the following condi- tions: 1. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 2. In the event that subject property is to be divided for the purpose of sale, lease, or financing, a parcel map, to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 3. 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. 4. That Condition No. 2, above- mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission and /or City Council may grant. 5. That Condition Nos. 1 and 3, above- mentioned, shall be complied with Prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the City Council hereby re- serves the right to revoke such Conditional Use Permit for good cause or failure of said owner, his 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 5th day of April, 1977. ATTEST: ATTY -26 (Page 3 of 3 pages) 9. 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. THE r te i��,E?, T CITY CLERK OF HE CITY OF ANAHEIU -3- LAYOR OF THE CITY OF ANAi EIld 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. 77R -229 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 5th day of April, 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kott, Roth and Thom NOES: COUNCIL MEMBERS: Kaywood, Seymour ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution. No. 77R-229 on the 5th day of April,, IN WITNESS WHEREOF, I have''hereunto set my hand and affixed City of Anaheim this 5th day of April, 1977. (SEAL) CITY C ERK OF THE CI OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -229 duly passed and adopted by the Anaheim City Council on April 5, 1977. approved and 1977. the seal of the