1962-0687RESOLUTION NO. 62R -687
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING CONDITIONAL USE
PERMIT NO. 236.
WHEREAS, the City Planning Commission of the City
of Anaheim did receive a request for a Conditional Use Permit
from Alban Holtz and Bernadine Holtz, 534 West La Veta,
Orange, California, 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 Northeast quarter of the Southeast
quarter of Section 12, Township 4 South, Range 10 West
in the Rancho San Juan Cajon de Santa Ana, as shown on
a Map recorded in Book 51, page 10 of Miscellaneous
Maps, records of Orange County, California, described
as follows:
Commencing at a point on the East line of said
Section 12, distant South 0 141 26" West 47.14 feet
from the intersection of said East line with the
center line of Anaheim -Olive Road, 60.00 feet wide,
as described in a deed to the County of Orange,
recorded May 17, 1915 in Book 275, page 88 of Deeds;
thence North 89 45 34" West 45.00 feet to the
intersection of a line parallel with and distant
45.00 feet Westerly measured at right angles from
the East line of said Section 12, with a line
parallel with and distant Southwesterly 55.00 feet
measured at right angles from said center line of
Anaheim -Olive Road, said intersection being the true
point of beginning; thence along said line parallel
with the center line of Anaheim -Olive Road,
North 78° 541 31" West 150.00 feet; thence
South 0 10 26" West, parallel with the East line
of said Section 12, a distance of 150.00 feet; thence
South 78 54 31" East, parallel with said center line
of Anaheim -Olive Road 150.00 feet to said line parallel
with and distant Westerly 45.00 feet from said East
line of Section 12; thence North 0 141 26" East 150.00
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 May 28, 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. 334 Series
1961 -62, denying Conditional Use Permit No. 236; 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 June 26, 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 16, Chapter 18.76 of the Anaheim Municipal
Code; and
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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 did continue
said hearing to this date; 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.
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 conditionsirnposed 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. 236 be, and the same is, hereby granted permitting the
construction and operation of a service station on the
property hereinabove described subject to the following
conditions;
1. That the owners 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 owners of subject property shall deed
to the City of Anaheim a strip of land 45 feet
in width, from the center line of the street,
along Rio Vista Street for street widening
purposes.
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ATTEST:
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 speci-
fications 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 engineer-
ing requirements.
4. That the owners 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 westerly and southerly boundaries
of subject property prior to final building
inspection.
6. That Conditions Nos. 1, 2, 3 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.
The City Council hereby reserves the right to revoke
such Conditional Use Permit for good cause or failure of said
aaners,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.
CIT CLERK OF THE CITY OF ANAHEIM
YOR OF TH
Y OF ANAHEIM
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. 62R -687 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 of the City of Anaheim this 24th day of
July, 1962.
(SEAL)
CITY'CLERK OF THE CITY OF ANAHEIM