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63-0470RESOLUTION NO. 63R -470 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING CONDITIONAL USE PERMIT NO. 397 WHEREAS, the City Planning Commission of the City of Anaheim did receive a request for a Conditional Use Permit from MARGUERITE E. SMITH, 510 South Ohio Street, Anaheim, California, to permit the construction of a walk -up restaurant and a waiver of the Anaheim Municipal Code minimum off street parking spaces requirement on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: Lot 9 of Resh's Subdivision of a portion of Vineyard Lot D -6, excluding the northerly 50 feet, as shown on a map recorded in Book 4, Page 92 of Miscellaneous Maps, Records of said Orange County. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said request on April 1. 1963 9 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. s 196 63 denying Conditional Use Permit No. 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 Planning Commission in denying said Condition -1 Use Permit and said appeal was set for public hearing on -1- __April 30 19 63 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 oppor- tunity to be heard and did receive evidence and reports; and WHEREAS, the City Council does find, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hear- ing, that Conditional Use Permit No. 397 should be denied. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Com- mission denying Conditional Use Permit No. 397 be, and the same is hereby sustained and that the request of Marguerite E. Smith for a Conditional Use Permit to construct a walk -up restaurant on the property hereinbefore described, and permitting a waiver of the Anaheim Municipal Code minimum off- street parking spaces requirement on said property, be, and the same is hereby denied, without prejudice. THE FOREGOING RESOLUTION is approved and signed by me this 28th day of May 19 63 ATTEST% CI CLER. OF HE CITY OF ANAHEIM YOR OF ITY 0 ANAHEIM (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 63R -470 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 28th day of May, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim, approved and signed said Resolution No. 63R -470 on the 28th day of May, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 28th day of May, 1963. :mot. `i'`r ,t C I CLERK OF THE CITY OF ANAHEIM