Loading...
1962-0305RESOLUTION NO. 62R -305 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 206. WHEREAS, the City Planning Commission of the City of Anaheim did receive a request for a Conditional Use Permit from C. E. Hurley, 2510 West Orange Avenue, Anaheim, California, to establish and operate a Children's Day Nursery School on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: That portion of the Northwest quarter of the Southwest quarter of Section 18, in Township 4 South, Range 10 West, in the Rancho Los Coyotes, city of Anaheim, as shown on a map thereof recorded in book 51, page 7, et seq., Miscellaneous Maps, records of said Orange County, described as follows: Beginning at the Northeast corner of the North- west quarter of the Southwest quarter of said Section 18, thence South 0 381 15" West 243.86 feet along the Easterly line of the Northwest quarter of the Southwest quarter of said Section 18, to the Northerly line of the Southerly 15.00 acres of the Easterly 18.35 acres of the Northwest quarter of the Southwest quarter of said Section 18; thence South 89 58' 55" West 151.01 feet along said Northerly line that is parallel with the Easterly line of the Northwest quarter of the Southwest quarter of said Section 18 and distant Westerly 151.00 feet measured along a line that is parallel with the Northerly line of the Southwest quarter of said Section 18 from said Easterly line; thence North 0 38' 15" East 244.73 feet along said parallel line to the Northerly line of the Southwest quarter of said Section 18; thence South 89 41' 10" East 151.00 feet to the point of beginning; EXCEPTING THEREFROM the Northerly 20.00 feet thereof for road purposes; said exception being the Southerly 20.00 feet of Orange Avenue. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on February 19, 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. 24.3 Series 1961 -62, denying Conditional Use Permit No. 206; 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 -1- Use Permit, and said appeal was set for public hearing on March 27, 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 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 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 develop- ment 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. 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 denying said Conditional Use Permit be, and the same is hereby, disapproved, and that Conditional Use Permit No. 206 be, and the same is, hereby granted permitting the establishment and operation of a Childrents Day Nursery School 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 32 feet in width, from the center line of the street, along Orange Avenue, for street widening purposes. 2. (a) That all engineering requirements of the City of Anaheim along Orange Avenue such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or -2- 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; and (b) that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of said engineering requirements. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Orange Avenue,, for street lighting purposes. 4. 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. That this Conditional Use Permit is granted subject to the furnishing to the City of Anaheim of written approval of the governing agencies of the State of California and County of Orange. 6. That subject property shall be developed substantially in accordance with plans marked "Exhibits Nos. 1 and 2" on file with the City of Anaheim, provided, however, that adequate fencing shall be installed and maintained along the west, south and east boundaries of subject property prior to final building inspection. 7. That the requirements of Section 18.0.090 of the Anaheim Municipal Code shall be wavied to allow parking in the side yard, as shown on the Plot Plan marked "Exhibit A," signed this date by Councilman Coons, and 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 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 27th day of March, 1962. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM -3- 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 introduced and adopted ata regular meeting provided by law, of the City Coijncil of the City of Anaheim, held on the 27th day of March, 1962, by the following vote of the members thereof: AYES:_ COUNCILMEN: Chandler, Coons and Fry. NOES: COUNCILMEN: None, ABSENT: COUNCILMEN: Thompson and Schutte. AND I FURTHER CERTIFY that .the Mayor Tem of the City of Anaheim approved and signed said resolution on the 27th day of March, .1962. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 27th day of March, 1962. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM