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1961-7444RESOLUTION NO. Mil A RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 174. That portion of lot 14 of Anaheim Extension, in the city of Anaheim, county of Orange, state of California, as shown on a survey by William Hamel, a copy of which is filed in the office of the County Recorder of Orange County, California, in book 3, pages 163 and following entitled !'Los Angeles County Maps" shown as not a part of this subdivision" on a map of .Tract No. 1697 recorded in book 59 pages 43, 44 and 45 of Miscellaneous Maps, records of Orange County, California, bounded by East Santa Ana Street, Placentia Avenue and Lots 104 through 116, as shown on said map of Tract No. 1697. EXCEPT THEREFROM the following described land: Be- ginning at the northeast corner of said lot 14 as shown on said map of Tract No. 1697; thence westerly 135.00 feet along the southerly line of said East Santa Ana Street; thence southerly at right angles with said East Santa Ana Street to a line parallel with said southerly line of East Santa Ana Street and 130.00 feet southerly measured along the westerly line of said Placentia Avenue from said Northeast corner of lot 14; thence Easterly along said parallel line to said westerly line of Placentia Avenue; thence northerly 130.00 feet to the point of beginning. -1- Planning WHEREAS, the City Planning Commission of the City of Anaheim did receive a request for a Conditional Use Permit from Henry and Rosa C. E. Steinbrink, 516 Revere, Anaheim, California, to construct and operate a walk -up restaurant and a walk -up doughnut shop on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: ALSO EXCEPT THEREFROM one -half of Santa Ana Street, 75 links wide. AND WHEREAS, the City Planning Commission did hold a public hearing tt the City Hall in the City of Anaheim upon said request on November 13, 1961, notices of which said public hearing were duly given as required by law and the pro- visions 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. 143, Series 1961 -62, granting Conditional Use Permit No. 174 subject to the condi- tions therein set forth; and WHEREAS, thereafter, within twenty -two (22) days from the date of the adoption of said resolution, the City Council did elect, upon its own motion, to review the action of the City Planning Commission in granting said Conditional Use Permit and did thereupon fix the 12th day of December, 1961, as the time and the Council Chamber in the City Hall of the City of Anaheim as the place for a public hearing upon said Conditional Use Permit, 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 be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful con- sideration of the recommendations of the City Planning Com- mission 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. 4• The size and shape of the site proposed for the use is adequate to allow the full develop- ment of the proposed use in a manner not detri- mental to the particular area nor to the peace, health, safety and general welfare. 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 the action of the City Planning Commission granting said Conditional Use Permit be, and the same is hereby sustained, and that Conditional Use Permit No. 174, be, and the same is hereby, granted permitting the construction and operation of a walk -up restaurant and a walk -up doughnut shop upon the property hereinabove described, subject to the following conditions: That this Conditional Use Permit is granted contingent upon the completion of Reclassification Proceedings No. 61 )1 1 1 now pending, and subject to compliance with all of the conditions set forth in Resolution No. 7443 of the City Council in Reclassification Pro- ceedings No. 61 -62 -1114, with the exception that the deed restrictions required to be recorded limiting the uses of the C -1 property shall be amended by eliminating therefrom the objection to "drive -in or walk -up coffee shops -2- AND BE IT FURTHER RESOLVED that Resolution No. 711113 in Reclassification Proceedings No. 61- 62 -)l1l be amended by amending Item "p" of Condition No. 7 thereof to read as follows: A EST: "p. Coffee shops or restaurants, not to exceed seating capacity for 50 persons (drive -ins or walk -ups by Conditional Use Permit only, and no liquor)." 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 signed by me this 12th day of December, 1961. C CL OF HE CI ANAHEIM' 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 was passed and adopted at a regular meeting of the City Council held on the 12th day of December, 1961, by the following vote of the members thereof: (SEAL) AYES: COUNCILMEN: Chandler, Thompson and Schutte. NOES: OOUNCILMEN: Coons and Fry. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 12th day of December, 1961. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of December, 1961.