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64-618RESOLUTION NO. 64R-618 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. _~__o WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a Conditional Use Permit from ROBERT L. CLARK~ 958 Rodeo Road, Fullerton, California, to establish a Hofbrau with on-sale beer, on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: The Northerly 83.00 feet of the Southerly 283.00 feet of the Westerly 317 feet of the Southwest one-quarter of Section 5, Township 4 South, Range 10 West in the Rancho Los Coyotes as shown on a Map recorded in Book 51, page 10 of Miscel- laneous Maps, Records 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 July 20 , 19 64 , 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, inves- tigation 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. 1272 Series 1964-63 denying Conditional Use Permit No. 595 ; 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 denying said Conditional Use Permit and said appeal was set for public hearing on August 18 , 1964 , 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 M~nicipal Code; and 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: The proposed use is properly one for which a Conditional Use Permit is authorized by the Anaheim Municipal Code. e 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. 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. e 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. 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 Com- mission denying said Conditional Use Permit be, and the same is hereby disapproved , and that Conditional Use Permit No. 595 be, and the same is hereby, granted permitting the on-sale sale of beer in conjunction with the serving of food in a bona fide restaurant, on the property hereinbefore described, subject to the following conditions: That the owner of subject property shall deed to the City of Anaheim a strip of land 60 feet in width., from the center line of the street, along Brookhurst Street, for street widening purposes. That the: o~ner of subject property shall pay to the City os Anaheim the sum of $2.00 per front foot, along Brookhurst Street for street lighting purposes. 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 inspection. 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- o That Conditions Nos. 1 and 2 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. The City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owner, his 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 18th day of August, 1964. ATTEST: cITY CI~F. RK "OF THE ~ITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) SS. 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 18th day of August, 1964, by the following vote of the members thereof: AYES: COUNCILMEN: Pebley, Dutton, Krein and Chandler NOES COUNCILMEN: Schutte ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 18th day of August, 1964. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of August, 1964. (SEAL) THE C i"TY OF ANAHE'IM -3-