1962-0690RESOLUTION NO. 62R -690
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING CONDITIONAL USE
PERMIT NO. 259.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application from DALE D. AND SALLY A.
WALKER, 118 N. Rosemont St., Anaheim, California, for a
Conditional Use Permit to establish a Hofbrau Restaurant and
repair garage on the following described property situated
in the City of Anaheim, County of Orange, State of California,
to wit:
That portion of Lot 5, Stockwell Subdivision,
as shown on a map thereof recorded in book 6,
page 10, Miscellaneous Maps, records of said
Orange County, described as follows:
Beginning at the Southeast corner of said
Lot 5, being considered in the center line of Raymond
Avenue; thence North along the East line of said
Lot 5, and the center line of Raymond Avenue,
119.01 feet; thence parallel to the South line
of said Lot 5 North 88° 52 20" West 195.04 feet
to the point of beginning; thence continuing
North 88° 521 20" West 84.96 feet to the
East line of Orange County Flood Control,
right of way; as described in deed recorded
June 9, 1960, in book 5279, page 368, Official
Records, in the office of the County Recorder
of said Orange County; thence North along said
East line of said right of way 181.16 feet;
thence South 88° 33 54" East 84..97 feet;
thence South 180.68 feet to the true point of
beginning.
AND WHEREAS, the City Planning Commission did hold
a public hearing at the City Hall in the City of Anaheim upon
said application on June 25, 1962, 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,
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. 385 Series
1961 -62, granting Conditional Use Permit No. 259 permitting
the establishment of a repair garage only on the property
hereinabove described, upon the conditions therein set forth;
and
WHEREAS, thereafter, within twenty -two 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 the portion of said application
requesting permission to establish a Hofbrau Restaurant on
said property, and said appeal was set for public hearing on
July 24, 1962, 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
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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 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 lad uses and the growth and develop-
ment 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 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.
L{.. 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 Conditional Use Permit No. 259 be,
and the same is hereby, granted permitting the establishment
of Hofbrau Restaurant for the sale of food, and incidentally
for the sale of beer, and a repair garage on the property
hereinabove described, subject to the following conditions:
1. That the owners of subject property and Orange
County Flood Control District dedicate Balsam
Avenue to the City of Anaheim, and that the
deed be accepted and recorded by the City.
2. That the owners of subject property shall
pay to the City of Anaheim the sum of $2.00
per front foot, along Balsam Avenue, for street
lighting purposes.
3. That a 6 -foot masonry wall shall be constructed
on the west, north and east boundaries of
subject property prior to final building
inspection of the repair garage, to shield from
view any wrecked automobiles parked awaiting
repair in the parking area.
4. That this permit is granted for the Hofbrau
operation and the sale of food, and incidentally
for the sale of beer, as well as for the repair
garage.
5. That subject property shall be developed substantially
in accordance with the exhibit on file with the
City of Anaheim, made a part of the Conditional Use
Permit No. 259 file.
6. That conditions Nos. 1 and 2 above mentioned shall
be complied with within a period of 160 days from
date hereof, or such further time as the City Council
may grant.
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 24th day of July, 1962.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
YOR OF TiE ITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
ABSENT: COUNCILMEN: None.
I, DENE M. WILLIAMS, City Clerk of City of Anaheim,
do hereby certify that the foregoing Resolution No. 62R -690 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, 1962, by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Schutte, Chandler, Krein
and Coons.
NOES: COUNCILMEN: None.
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 24th day of
July, 1962.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 24th day of
July, 1962.
(SEAL)
CITY 'CLERK OF THE CITY OF ANAHEIM