Loading...
64-161RESOLUTION NO. ... 64R-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 538 · WHEREAS, the City Planning Commission of the City of Anaheim did receive an application from FOREST LAWN CEMETERY ASSOCIATION, P. O. BOX 1151, Glendale 5, California for a Conditional Use Permit to allow the "on-sale" of beer in conjunction with a restau=ant and a waiver of the six-foot solid wall or fence requirement 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 south- west quarter of section 12, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, in the City of Anaheim, County of Orange, State of California, as said section is shown on a map recorded in book 51 page 10 of Miscellaneous Maps, in the of- lice of the County Recorder of said county, described as follows: Beginning at the intersection of the east line of said northwest quarter with the centerline of Anaheim-Olive Road as described in deed recorded in book 2~5 page 85 of Deeds of said county; thence North 78° 52 26" West, along said centerline 203.71 feet to a line parallel with and distant westerly 200.00 feet, measured at right angles from said east line; thence South 0° 10' 46" West 295.93 feet along said parallel line*~ thence South 89° 49' 14" East 200.00 feet to said East line; thence North 0° 10' 46~' East 257.25 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 ~ Februa. ly t7 , 1964 , notices of which said public nearing 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, in- vestigation 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. 1072 Series denying Conditional Use Permit No.. 538 ; and - 1 - WHEREAS, thereafter, within twe'~ty~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~.i_n~___~ said Conditional Use Permit and said appeal was set for ~ublic hearing on March 10 , 19 64 ~ ~t the City Halll= in the City of ~,--~d--n-6-ti--~ of~~ublic heari~g were duly given as required by law and the provisioms c~ Titie 18, Chapter ]8.76 of the Anaheim Municipal Ccde~ and WHEREAS, at the time and plac.~ 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 WHERBA$~ the City Council finds, after careful consideration cf the recommendations of the City Planning Commission and all evidence and reports cffered at said hearing, that ~ The proposed u~e is properly orge for which a Comditiona! Use Permit is authorized by the ~ah~i~ M~nicipal 0 ~ke proposed u~e will no~ a~dver~e!y affect the adjoining land uses and the growth and deve!op~ merit of the area in which i~ is proposed to be located° ~ The size and shape of the site proposed for the use is adequate to azlew 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° o 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° o 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 Anaheimo NOW~ THEREFORE~ BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commis- sion denvin~ said Conditional Use Permit be, and the same is he~--~z~oDrQve~[~, and that Conditional, Use Permit No~__52u~_~'5~-' R,n~-~ ~he same is hereby, granted permitting the "on-sale" of beer in conjunction with a restaurant and a waiver of the six-loon solid wall or fence requirement on the property hereinbefore described, subject to the follow- ing conditions: i · 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. · That sidewalks shall be installed along Lincoln Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer, prior to final building inspection. That trash storage areas shall be provided in accordance with approved plans on file in the Office of the Director of Public Works and Super- intendent of Streets, prior to final building inspection. 4· That the owner of subjec't property shall pay to the City of Anaheim the sum of 15¢ per front foot along Lincoln Avenue, for tree planting purposes. · That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim., marked "Exhibits Nos. 1, 2 and 3. '~ · That a strip of land of a minimum width of 3 feet along Lincoln Avenue shall be landscaped and said landscaping maintained as indicated on Exhibit No. 1; that plans for said landscaping shall be submitted to and approved by the Superintendent of Parkway Maintenance; and that said landscaping shall be installed prior to final building in- spection. · That all air-conditioning facilities shall be properly shielded from view from the abutting street. · That prior to the construction of the proposed branch library on property lying east of subject property, there shall be established between said library and subject property a suitable buffer development, such as that indicated on a tenta- tive plan displayed by the petitioner at the public hearing before the City Council on March 10, 1964. · That Conditions Nos. 1 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 owner, its heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and ghe conditions herein. THE FOREGOING RESOLUTION is approved and signed by me this 10th day of March,~ M~OR OF THE CITY OF ANAHEIM 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 No. 64R-161 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 10th day of March, 1964, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler and Krein NOES: COUNCILMEN: Schutte and Coons ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 64R-161 on the 10th day of March, 1964. IN WITNESS WHEREOF, I have hereunto set my hand a nd affixed the official seal of the City of Anaheim, this 102h day of March, 1964. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)