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64-705RESOLUTION NO. 64R-705 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUSTAINING THE ACTION OF THE CITY PLANNING COMMISSION IN THEIR RESOLUTION NO. 1293, SERIES 1964-65, WITH REFERENCE TO CONDITIONAL USE PERMIT NO. 544. WHEREAS, the City Planning Commission did, on March 16, 1964, adopt Resolution No. 1095, Series 1963-64, granting Condi- tional Use Permit No. 544 permitting the establishment of an 82-unit motel, in conjunction with a family restaurant, on the property described in said resolution, subject to certain conditions therein set forth; and WHEREAS, no appeal having been filed with the City Council and no request having been made by the City Planning Commission nor motion made for review of said conditional use permit by the City Council within the time prescribed by the Anaheim Municipal Code, the action of the City Planning Commis- sion thereon became final; and WHEREAS, Condition No. 1 of City Planning Commission Resolution No. 1095, Series 1963-64, reads as follows: "1. That the owners of subject property shall deed to the City of Anaheim a strip of land 451 feet in width, from the center line of the street, along Manchester Avenue, for street widening purposes. AND WHEREAS, the City Planning Department did receive a request from the attorney for the lessees of subject property asking that said Condition No. 1 be amended to permit dedication of the lease-hold interest in subject property, inasmuch as the lessees were unable to obtain the required dedication from the owners of said property; and WHEREAS, the City Planning Commission did on August 3, 1964 adopt Resolution No. 1293, Series 1964-65, amending Reso- lution No. 1095, Series 1963-64, by amending Condition No. 1 thereof to read as follows' "1. That the lessees 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 Manchester Avenue, for street widening purposes"' and did further amend said resolution by adding thereto an additional condition reading as follows' "11. That this Conditional Use Permit shall expire upon the termination of the 45-year lease, unless at such time the aforementioned dedication is obtained from the fee title holder of subject property." -1- AND WHEREAS, the City Council did elect to review the ~ction taken by the Cindy Planning Commission in amending Reso- lution No. 1095, Series 1963-64~ and did hold a public hearing on said amendment on September 29, 1964, after having given due notice thereof as required by law and the provisions of the Anaheim Municipal Code; and WHEREAS, the City Council does find that the action of the City Planning Commission in amending said resolution should be sustained, and that said resolution should be further amended by adding the following condition in addition to the amendments of the City Planning Commission: That the lessees of subject property shall dedicate to the City of Anaheim and improve to City street standards~ a strip of land 45 feet in width from the center line of the street along that portion of Manchester Avenue north of the existing service station located at the southeast corner of Harbor Boulevard and Manchester Avenue; and that said dedication and improvement shall be made upon the termination of the service station lease on said property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commis- sion in its Resolution No. 1293, Series 1964-65~ amending Resolution No. 1095, Series 1963-64, granting Conditional Use Permit No. 544: be, and the same is hereby sustained, and that Conditional Use Permit No. 544 be and the same is hereby amended as follows: 1. That Condition No. 1 of Resolution No. 1095, Series 1963-64, of the City Planning Commission granting said permit be amended as follows: "1. That the lessees 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 Manchester Avenue, with the exception of that portion of Manchester Avenue north of the existing service station, for street widening purposes." 2. That two additional conditions, to be numbered "11" and "12," be added to said Resolution No. 1095, Series 1963-64, said conditions to read as follows: "11. That this Conditional Use Permit shall expire upon the termination of the 45-year lease, unless at such time the aforementioned dedi- cation is obtained from the fee title holder of subject property "12. That the lessees of subject property shall dedicate to the City of Anaheim and improve to City street standards, a strip of land 45 feet in width from the center line of the street along that portion of Manchester Avenue north of the existing service station located at the southeast corner of Harbor Boulevard and -2- Manchester Avenue; and that said dedication and improvement shall be made upon the termination of the service station lease on said property." THE FOREGOING RESOLUTION is approved and signed by me this 29th day of September, 1964. ATTEST: 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 passed and adopted at a regular meeting of the City Council held~ on the 29th day of September, 1964, by the following vote or the members thereof' COUNCILMEN: Pebley, Dutton and Krein AYES: NOES' ABSENT" COUNCILMEN: Chandler COUNCILMEN: Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 29th day of September, 1964. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of September, 1964. Ci~~ dLE~K OF" T~--UiTY' 'OF ANAHEIM (SEAL) -3-