1961-6635RESOLUTION NO. 6635
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM'. DENYING THE REQUEST OF A. A. SHANiALEY
FOR CONDITIONAL USE PERMIT NO. 92.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive a request for a Conditional Use Permit from
A. A. Shamaley, 316 El Paso Street, El Paso, Texas, and the
Foodmaker Company, 3233 Kurtz Street, San Diego, California, to
construct and operate a drive through restaurant on the follow-
ing described property:
Lot 2 of Tract No. 1379, in the City of
Anaheim, County of Orange, State of Cal-
ifornia, as per map recorded in Book 43,
pages 6 and 7 of Miscellaneous Maps, in
the Office of the County Recorder of said
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 November 21, 1960, notices of which said public hear-
ing were duly given as required by law and the provisions of
Title 18, Chapter 16.76 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. 124, Series 1960 -61,
denying Conditional Use Permit No. 92; and
WHEREAS, thereafter, within twenty days from the date
of the adoption of said resolution, a written appeal was filed
with the City Council of the City of Anaheim protesting the
action of the City Planning Commission denying said Conditional
Use Permit, and said appeal was set for public hearing on
January 3, 1961 at 7:00 otcloCk P.M. at the City Hall in the
City of Anaheim, and notice of such public hearing was 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 be
heard and did receive evidence and reports and did defer action
thereon until a later date; and
WHEREAS, the City Council does find that this type of
development would not be the highest and best use of the pro-
perty hereinabove described;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the action of the City Plannirg Com-
mission denying Conditional Use Permit No. 92 be, and the same
is hereby sustained, and that the request of A. A. Shamaley,
316 El Paso Street, El Paso, Texas, and the Foodmaker Company,
3233 Permit Kurtz it tc construct San
and Diego,
operateaaidrive- through restaurantion
Pem
the property hereinabove described, be and the same is hereby
denied.
THE FOREGOING RESOLUTION is approved and signed by
me this 31st day of January, 1961.
STATE OF CALIFORNIA
OOUNTY OF ORANGE ss.
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
31st day of January, 1961, by the following vote of the members
thereof:
Anaheim
January,
affixed
1961.
AYES:
NOES:
ABSENT:
COUN C I LM EN
COUNCILMEN:
COUNCILMEN:
Coons, Fry
Chandler.
Thompson.
and Schutte.
AND I FURTHER CERTIFY that the Mayor of the City of
approved and signed said resolution on the 31st day of
1961.
IN WITNESS WHEREOF, I have hereunto set my hand and
the seal of the City of Anaheim this 31st day of January,