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1962-0885RESOLUTION NO. 62R -885 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 277. WHEREAS, the City Planning Commission of the City of Anaheim did receive a request for a Conditional Use Permit from COWAN OIL REFINING COMPANY, HARRY P. CAVES, Trustee, c/o WILLIAM REEVES, 1015 East First Street, Santa Ana,California, to establish and operate a Hofbrau on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: PARCEL 1: That portion of the Northerly 10 acres of the Southerly 22 acres of the Northwest quarter of the Northwest quarter of Section 9, in Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, partly in the city of Anaheim, county of Orange, state of California, as the Northwest quarter of said section is shown on a map of Tract No. 2161, recorded in book 63 pages 33, 34 and 35 of Miscellaneous Maps, in the office of the county recorder of said county, described as follows: Beginning at the intersection of the center line of West La Palma with the center line of Euclid Avenue, being the Northwest corner of said Section 9, thence along the center line of Euclid Avenue, South 0 03' 38" West 604.22 feet to its intersection with the Northerly line of the South 22 acres of the Northwest quarter of the Northwest quarter of said Section 9, as shown on said map of Tract No. 2161, and the true point of beginning; thence along the Northerly line of said 22 acres, South 89 53' 37" East 438.07 feet to the Westerly line of said Tract No. 2161; thence South 0 14' 38" West 75.90 feet along the Westerly line of said Tract No. 2161 to an angle point; thence North 89 45' 22" West 437.83 feet along a Northerly line of said Tract No. 2161 to the center line of Euclid Avenue as shown on said map; thence along the center line of Euclid Avenue as shown on said map; thence along the center line of Euclid Avenue, North 0 03 38" East 74.86 feet to the true point of beginning. PARCEL 2: That portion of the Northwest quarter of the Northwest quarter of Section 9, in Township 4 South, Range 10 West in the Rancho San Juan Cajon de Santa Ana, partly in the city of Anaheim, in the county of Orange, state of California, as the Northwest quarter of said Section 9 is shown on a map of Tract No. 2161, recorded in book 63 pages 33, 34 and 35 of Miscellaneous Maps, in the office of the county recorder of said county, described as follows: Beginning at the Northwest corner of the South 22 acres of said Northwest quarter of the Northwest quarter of the North line of said South 22 acres as shown on said map of Tract No. 2161; thence North 0 03' 38" East 30.00 feet; -1- thence South 89 53' 37" East 438.17 feet to the Westerly line of said Tract No. 2161; thence South 0 14' 38" West 30.00 feet to said North line of said South 22 acres; thence North 89 53' 37" West 438.07 feet to the 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 August 20, 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. 454 Series 1962 -63, granting Conditional Use Permit No. 277 subject to certain conditions therein set forth; 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 granting said Conditional Use Permit, and said appeal was set for public hearing on October 9, 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 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 consideration 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 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 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. -2- 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. 277 be, and the same is,hereby granted permitting the establishment and operation of a Hofbrau on the property hereinabove described subject to the following conditions: 1. That the owner of subject property shall deed to the City of Anaheim a strip of land 52 feet in width, from the center line of the street, along Euclid Street for street widening purposes. 2. That upon the dedication of said 52 foot strip along Euclid Street, the City of Anaheim shall grant to the owner of the property a permit for encroachment of an existing overhang and sign upon said easement. 3. That adequate areas for trash storage, accessible to trash -truck pickup, shall be provided as determined and required by the Street Maintenance and Sanitation Division of the Public Works Depart- ment, which areas shall be enclosed with a solid fence or wall prior to final building inspection. 4. That all engineering requirements of the City of Anaheim, along Euclid Street, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 5. That the owner of subject property shall deed to the City of Anaheim a 3 -foot overhang easement along the southerly boundary of subject property. 6. That subject property shall be developed sub- stantially in accordance with plans marked "Exhibits 1 and 2" on file with the City of Anaheim. The City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said 7. That Conditions Nos. 1 and 5 above mentioned shall be complied with within a period of 180 days from date hereof or such further time as the City Council may grant. -3- owner, its 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 9th day of October, 1962 ATTEST: TY CLERK OF THE CITY OF IM OR OF THE CIT HEIM 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 9th day of October, 1962, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler and Coons. NOES: COUNCILMEN: Schutte and Krein. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 9th day of October, 1962. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of October, 1962. IT L OF THE CITY OF ANAHEIM