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1979-431RESOLUTION NO. 7qR -431 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 19A7 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from DOMINIC C. ETCHANDY, ET AL., owners, and ELDEN W. BAINBRIDGE, agent, to permit a restaurant with the on -sale of beer and wine on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: That portion of the Northwest quarter of fractional Section 4, Township 4 South, Range 9 West of the San Bernardino Meridian, in the City of Anaheim, County of Orange, State of California, as per the Official Plat of said land filed in the District Land Office, described as follows: Beginning at the Southwest corner of the Northwest quarter of said Section; thence North 2 16' 30 East 789.50 feet along the West line of said Section to a point in the South line of the land conveyed to Peter Allec, Jr. and Robert John Allec by deed recorded March 2, 1928 in Book 140, Page 93 of Official Records, produced Westerly, said point being also in the West- erly extension of the South line of the land described in the Agreement between J. W. Walls and wife and George Lemke and wife, recorded February 26, 1931, in Book 459, Page 283 of Official Records; thence South 88° 27' 00" East 360.00 feet parallel with the South line of said Northwest quarter; thence South 2 16' 30" West 789.50 feet to said South line; thence North 88° 27 00" West 360.00 feet along said South line to the point of beginning. Except therefrom that portion described in the deed to the State of California, recorded April 5, 1967, in Book 8216, Page 857, of Official Records. ATTY -26 (Page 1 of 2 Pages) -1- 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 re- quired by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investi- gation 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. PC79 -110 granting Conditional Use Permit No. 1987 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 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 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 im- pose 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 the action of the City Planning Commission gz.anting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 1987 be, and the same is hereby, granted permitting a restaurant with on -sale beer and wine on the above described property, subject to the following conditions: 1. That the trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. -2- ATTY -26 (Page 2 of 2 Pages) 2. That the owners of subject property shall pay the difference between the industrial and commercial traffic signal assessment fees (Ordinance No. 3896), in the amount as determined by the City Council, prior to the issuance of a building permit. 3. That the proposed restaurant shall comply with all signing requirements of the ML Zone. 4. That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 5. That Condition Nos. 1 and 4, above- mentioned, shall be complied with prior to final building and zoning inspections. 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 adopted by the City Council of the City of Anaheim this 24th day of July, 1979. ATTEST: CITY CLERK OF T CITY OF ANAHEIM JLW: jh STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City'Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 79R -431 was introduced and adopted at a.regular meeting provided by law, of the City Council of the City of Anaheim held on the 24th day of July, 1979, by the following vote of the members. thereof: AYES: COUNCIL MEMBERS: Overholt, Roth and Seymour NOES: COUNCIL MEMBERS: Kaywood and Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 79R -431 on the 24th day of July, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of July, 1979. CITY CL RK OF.THE CITY SF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 79R -431 duly passed and adopted by the Anaheim City Council on July 31, 1979.