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1962-0688RESOLUTION NO. 62R- 688 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 256. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application from ANNE HENNING PAULUS, 2800 East Lincoln Avenue, Anaheim, California, for a Conditional Use Permit to construct and operate a service station 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 7, in Township 4 South, Range 9 West, in the Rancho San Juan Cajon de Santa Ana, as shown on a map thereof recorded in Book 51, Page 10, Miscellaneous Maps, records of said Orange County, described as follows: Beginning at the intersection of the center lines of Rio Vista Street and Anaheim -Olive Road, now known as Lincoln Avenue, as said streets are shown on a map of survey recorded in Book 21, Page 45, Record of Surveys, in the office of the County Recorder of said Orange County, and running thence South 0 19' 30" West, along said center line of Rio Vista Street, 212.77 feet; thence North 89 57' 45" East 192.36 feet; thence North 0 19' 30" East, parallel with said center line of Rio Vista Street, 175.04 feet to said center line of Lincoln Avenue; thence North 78 55' 30" West, along said center line, 195.00 feet to the 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. 382 Series 1961- 62, denying Conditional Use Permit No. 256; 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 said Conditional Use Permit 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- 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 consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hear- ing, 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. 4. 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 Planning Commission in denying said Conditional Use Permit be, and the same is hereby disapproved, and that Conditional Use Permit No. 256 be, and the same is hereby granted permitting the con- struction and operation of a service station 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 53 feet in width, from the center line of the street, along Lincoln Avenue for street widening purposes. 2. That the owner of subject property shall deed to the City of Anaheim a strip of land 43 feet in width, from the center line of the street, along Rio Vista Street for street widening purposes, which shall include a return radius of 25 feet. -2- The City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owner, her 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. 3. (a) That all engineering requirements of the City of Anaheim along Lincoln Avenue and Rio Vista Street such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or 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 of guarantee the installation of said engineer- ing requirements. 4. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot, along Lincoln Avenue and Rio Vista Street, for street lighting purposes. 5. That a 6 -foot masonry wall shall be constructed along the south and east boundaries of subject property. 6. That Conditions Nos. 1, 2, 3(b) and 4 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. 0 OF THE 'CI'T'Y 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 No. 62R -688 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, Chandler, Krein •and Coons. 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 24th•day of July, 1962. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal the City of Anaheim -this 24th day of July, 1962. (SEAL) CITY CLERK OF THE OF ANAHEIM