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1967-307RESOLUTION NO. 67R -307 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 935 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from MAX F. HILTSCHER and MAY E. HILTSCHER, Box 156, Umpqua, Oregon, to establish a walk -up restaurant on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: The South 132.50 feet of the West 215.50 feet of the Northwest quarter of the Southwest quarter of the Southwest quarter of Fractional Section 1, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as said Section is shown on a Map recorded in Book 51, page 10 of Miscellaneous Maps, in the office of the County Recorder of Orange County, California. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on April 24 19 67 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. PC67-84 denying Conditional Use Permit No. 935 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 denying said conditional use permit and did thereupon fix the 31st day of May 1967 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 -1- WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hear- ing 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 Commis- sion 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 development 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 high- ways 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 Commis ssion in denying said conditional use permit be, and the same is hereby disapproved and that Conditional Use Permit No. 935 be, and the same is hereby, granted permitting the establishment of a walk -up restaurant on the property herein before described, subject to the following conditions: 1. That this conditional use permit is granted subject to the completion of Reclassification Proceedings No. 66 -67 -58 now pending. 2. That sidewalks and driveways shall be installed along State College Boulevard, as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer, prior to final building and zoning inspections. 3. That trash storage areas shall be provided in accordance with approved plans on file in the Office of the Director of Public Works and Superintendent of Streets, prior to final building and zoning inspections. 4. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibits Nos. 1 and 2. -2- 5. That a 6 -foot masonry wall shall be erected along the north, south and east property lines, where such wall does not already exist. 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 ass_a_ns :o cm with the Anaheim Municipal Code and regulations and the conditions herein. THE FOREGOING RESOLUTION is approved and signed by me this 31st day of May, 1967. ATTEST: CI CLERK OF THE CITY OF 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 31st day of May, 1967, by the following vote of the members thereof: AYES: COUNCILMEN: Krein, Schutte, Chandler and Pebley NOES: COUNCILMEN: Dutton ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 31st day of May, 1967. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 31st day of May, 1967. (SEAL) -3- CIT' CLERK OF THE CITY OF ANAHEIM I, DENE N. P1ILLIANS City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolu- tion No. 67R-307 duly passed and adopted by the Anaheim City Council on May 31, 1967.