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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 -1- Engr Bldg Dept 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