63-0472RESOLUTION NO. 63R 472
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING CONDITIONAL USE
PERMIT NO. 4
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application from COUNTRY DEVELOPMENT,
INC., 10600 Katelia Avenue, Anaheim, California, for a Condi-
tional Use Permit to establish a drive -in or walk -up restaurant
and a hofbrau on the following described property situated in
the City of Anaheim, County of Orange, State of California,
to wit:
Lot No. 1 of Tract No. 3886, as shown on a map
recorded in Book 151, Pages 8, 9 and 10 of
Miscellaneous 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 April 29 19 63 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. 735 Series 1962 -63
denying Conditional Use Permit No. L14
and
1
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 May 28,1963, 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.
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 the action of the City 'fanning Commis-
sion denying said Conditional Use Permit be, and the same is
hereby disapproved, except for the hofbrau, and that Conditional
Use Permit No. 414 be, and the same is hereby granted permitting
the establishment of a drive -in or walk -up restaurant on the
property hereinbefore described,su.bject to the following
conditions:
1. That driveways shall be constructed on Lincoln Avenue
and Westchester Drive as required by the City Engineer
and in accordance with standard plans and specifica-
tions on file in the Office of the City Engineer.
2. 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 Department, which areas
shall be enclosed by a solid fence or wall prior to
final building inspection.
3. That this Conditional Use Permit is granted subject
to compliance with Condition No. 1 of Ordinance No.
1631, which reads as follows:
-2-
"1. That a 6-foot landscaped area shall be provided
and maintained parallel to and abutting the
north property line, and parallel to and abutting
the westerly property line after dedication of
64 feet for a proposed new street along said west
property line; that plans for said landscaping
shall be submitted to and approved by the Superin-
tendent of Parkway Maintenance of the City of
Anaheim; and that said landscaping shall be
installed prior to final inspection of the buildings
to be constructed on subject property."
4. That a 6 -foot masonry wall shall be constructed along
the easterly boundary of subject property prior to
final building inspection.
5. That the minimum building setback for the proposed
commercial buildings on Westchester Drive shall be 15
feet from the property line, for compatibility with
the existing multiple family structures to the south.
6. That parking areas shall be provided in accordance
with Anaheim Municipal Code requirements.
7. That all air conditioning units shall be so located
as not to be visible from the Lincoln Avenue or
Westchester Drive frontages of subject property.
8. That Conditions No. 1 hereof shall be complied with
within a period of 180 days from date of this
resolution, 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, its successors or assigns, to comply with the Anaheim
Municipal Code and regulations and the conditions herein.
BE IT FURTHER RESOLVED that that portion of said
application for a Conditional Use Permit to establish a hofbrau
on the property hereinabove described be, and the same is hereby
denied.
THE FOREGOING RESOLUTION is approved and signed by
me this 28th day of May, 1963.
ATTEST:
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 No. 63R -472 was
introduced and adopted at a regular meeting provided by law, of
the City Council of the City of Anaheim, held on the 28th day of
May, 1963.
=AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution No. 63R -472 on the
28th day of May, 1963.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim, this 28th day
of May; 1963.
(SEAL)
CITY" CT,FRK OF THE CITY OF ANAHEIM