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91-225 RESOLUTION NO. Q]R-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3413. WHEREAS, the city Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit a 1,120 square foot expansion to an existing restaurant with on-premise sale and consumption of beer and wine (previously approved by Conditional Use Permit No. 2663) upon certain real property located within the city of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, T 4 SOUTH, RANGE 10 WEST, SBM, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A HAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS HAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY TERMINUS OF THAT COURSE DESCRIBED AS NORTH 89° 02' 32" WEST, 175.00 FEET IN THE BOUNDARY OF PARCEL 3 OF FINAL ORDER OF CONDEMNATION (STATE PARCEL B6419) FILED IN SUPERIOR COURT CASE NO. 114537 IN AND FOR SAID COUNTY, A CERTIFIED COPY OF SAID FINAL ORDER BEING RECORDED JUNE 3, 1964 IN BOOK 7073, PAGE 214 OF SAID OFFICIAL RECORDS; THENCE ALONG THE EASTERLY PROLONGATION OF SAID COURSE SOUTH 89° 02' 32" EAST 318.48 FEET TO A NON-TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 300.00 FEET; THENCE NORTHERLY ALONG SAID CURVE, FROM A TANGENT WHICH BEARS NORTH 00~ 57' 28" EAST, THROUGH AN ANGLE OF 40° 56' 43", AN ARC DISTANCE OF 214.39 FEET TO A POINT IN THAT COURSE DESCRIBED AS SOUTH 52° 13' 12" WEST 24.19 FEET IN THE BOUNDARY OF SAID PARCEL 3, DISTANT THEREON NORTH 52° 13' 12" EAST, 2.55 FEET FROM ITS SOUTHWESTERLY TERMINUS; THENCE ALONG LAST SAID BOUNDARY THE FOLLOWING COURSE: SOUTH 52° 13' 12" WEST 2.55 FEET; SOUTH 53° 20' 07" WEST, 258.88 FEET; AND SOUTH 79* 38' 53" WEST 188.66 FEET TO THE POINT OF BEGINNING. THE NORTHERLY 2 FEET OF SEGMENT 1 OF STATE RELINQUISHMENT REQUEST NO. 1077, RECORDED OCTOBER 30, 1984 AS DOCUMENT NO. 84-446412, OF CUP #3413 OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID 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 given as required by law and the provisions of Title 18, Chapter 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. PC91-67 approving Conditional Use Permit No. 3413; 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 consi- deration 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 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3413 be, and the same is hereby, granted permitting a 1,120 square foot expansion to an existing restaurant - 2 - CUP #3413 with on-premise sale and consumption of beer and wine (previously approved by Conditional Use Permit No. 2663) on the hereinabove described real property, subject to the following conditions: 1. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said division. Such information shall be specifically shown on the plans submitted for building permits. 2. That a solid waste management plan with recycling capabilities shall be approved by the Street Maintenance and Sanitation Division. Upon occupancy of the project, said plan shall commence and shall remain in full effect as required by said Division. 3. That within a period of one hundred twenty (120) days from the date of this resolution, a landscape and irrigation plan for subject property shall be submitted to the Zoning Division for review and approval by the Planning Commission as a "Reports and Recommendations" item. 4. That concurrent with the street widening project approved for Ball Road or within a period of one (1) year from the date of this resolution, whichever occurs first, a minimum five (5) foot wide landscaped and irrigated planter strip shall be installed adjacent to Ball Road (behind the ultimate right-of- way line) except for existing driveway openings. 5. That subject property shall be developed substantially in accordance with plans and specifications submitted to the city of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2. 6. That prior to commencement of the activity herein approved, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2 and 3, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 7. That this conditional use permit is granted for a period of one (1) year and shall terminate on July 1, 1992. 8. That within a period of two (2) weeks from the date of this resolution, the petitioner shall paint the older commercial building. 9. That within a period of sixty (60) days from the date of this resolution, the petitioner shall screen the roof-mounted equipment from adjacent residential properties and public streets. - 3 - CUP #3413 10. That within a period of ninety (90) days from the date of this resolution, the petitioner shall re-asphalt or patch, slurry seal and re-stripe the entire parking 10t. 11. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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 approved and adopted by the City Council of the City of Anaheim this 9th day of July, 1991. M~YO~ OF THE CITY OF AH~_~ CITY CLERK OF THE CITY OF ANAHEIM JLW:dnl R34C3413.12 071191 - 2 - CUP #3413 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 91R-225 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9th day of July, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler AND I FURTHER certify that the M~yor of the City of Anaheim signed said Resolution NO. 91R-225 on the loth day of July, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of July, 1991. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 91R-225, duly passed and adopted by the City Council of the City of Anaheim en July 9, 1991. CITY CLERK OF THE CITY OF ANAHEIM