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1962-0655RESOLUTION NO. 62R -655 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 234. WHEREAS, the City Planning Commission of the City of Anaheim did receive a request for a Conditional Use Permit from Vera Marie Starmer, 1109 East North Street, Anaheim, California, and Beveridge G. Chambers and Irma R. Chambers, 1101 East North Street, Anaheim, 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: PARCEL 1: All that portion of Lot 45 of Anaheim Extension, in the city of Anaheim, county of Orange, state of California, more particularly described as follows: Beginning at a point in the Southeasterly boundary line of said Lot 45, said point being distant along said boundary line South 74 50' 20" West, 160.00 feet from the Southeasterly corner of said Lot 45, said Southeasterly corner being the intersection of the Northerly line of East North Street, 66.00 feet in width, with the Westerly line of North East Street, 66.00 feet in width, thence from said point of beginning and entering said Lot 45, North 15° 06' 25" West, 182.65 feet, more or less, to a point in the Northerly line of said Lot 45, said Northerly line being the proposed center line of East La Palma Avenue, a future street; thence along said Northerly line of said Lot 45, East 77.68 feet; thence South 15 06' 25" East, 162.34 feet to a point in the Southeasterly line of said Lot 45 and the Northerly line of East North Street; thence along said Southeasterly line of said Lot 45, South 74° 50' 20" West, 75 feet to the point of beginning; EXCEPT therefrom the North 30 feet. Said land is shown on a Licensed Surveyor's Map recorded in book 17 page 47 of Record of Surveys, in the office of the county recorder of said Orange County. PARCEL 2: That portion of Lot 45 of Anaheim Extension, in the city of Anaheim, county of Orange, state of California, as shown on a map made by Wm. Hamel and filed in the office of the county recorder of Los Angeles County, California,described as follows: -1- Beginning at the intersection of the Northerly line of North Street, 66 feet wide, with the Westerly line of East Street, 66 feet wide; and running thence South �4° 501 20" West along said Northerly line of North Street, 85 feet; thence North 15 061 25" West, 162.34 feet to the center of La Palma Avenue; thence Easterly along said center line, 88.04 feet to the northerly extension of the Westerly line of said East Street; thence South 15 06 25" East along said extension and the Westerly line.of East Street, 139.31 feet to the point of beginning. EXCEPT the Northerly 30 feet as measured along the North line of said lot. Said land is shown on a Licensed Surveyorts Map recorded in book 17 page 47, Record of Surveys, in the office of the county recorder of said Orange County. 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 14, 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. 319 Series 1961 -62, denying Conditional Use Permit No. 234; 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 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 did continue said hearing to this date; 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- 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 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. 234 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, including corner return, along La Palma 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 the entire East Street frontage for street widening purposes. 3. That subject property shall be developed sub- stantially in accordance with plans marked "Exhibits 1 and 2" on file with the City of Anaheim. 4. (a) That all engineering requirements of the City of Anaheim along La Palma Avenue 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 to guarantee the installation of said engineering requirements. -3- 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 17th day of July, 1962. ATTEST: That sidewalks and driveways shall be constructed on North and East Streets as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 6. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along North and East Streets for street lighting purposes. 7. That Conditions Nos. 1, 2, L(b), 5 and 6 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. CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL -4- YOR OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 62R -655 was introduced and adopted at a regular meeting provided by law, of theCity Council of the City of Anaheim, held on the 17th day of July, 1962, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Schutte, Chandler and Coons. NOES: COUNCILMEN: Krein. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 17th day of July, 1962. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 17th day of July, 1962. CITY CLERK OF THE CITY OF ANAHEIM