1962-0750RESOLUTION NO. 62R -750
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING CONDITIONAL USE
PERMIT NO. 253.
WHEREAS, the City Planning Commission of the City
of Anaheim did receive a request for a Conditional Use Permit
from Le Grand D. Spencer, 653 West Commonwealth Avenue,
Fullerton, California, to construct a walk -up burger chef
building on the following described property situated in the
City of Anaheim, County of Orange, State of California, to wit:
All that portion of the land in the Southwest quarter
of the Southwest quarter of the Northwest quarter of
Section 23, in Township 4 South, Range 10 West, in
the Rancho San Juan Cajon de Santa Ana, as shown on
a map thereof recorded in book 51, page 7, et seq.,
Miscellaneous Maps, records of said Orange County,
conveyed by H. D. Cook, et ux., to R. A. Marsden,
et ux., by deed recorded December 11, 1922, in
book W18, page 48 Deeds, records of said Orange
County, more particularly described as follows:
Beginning at a point in the Westerly boundary line
of said Section 23, said point being distant along
said Westerly line South 0° 13' 30" East, 953.59
feet from an iron pin marking the Northwest corner
of said Southwest quarter of the Northwest quarter
of Section 23, said iron pin being shown on plans of
California State Highway Division VII, Orange, Route
2, Section D., Sheet 20, in State Highway Map Book
No. 1; thence from said point of beginning and enter-
ing said land of Marsden, North 89° 46' 30" East
70.19 feet, more or less, to a point in the Westerly
line of aforesaid California State Highway (U. S. 101),
100.00 feet in width; thence along said Westerly line
of the state highway, South 6° 58' i5" East 410.93
feet to the Southerly boundary of said land of Marsden;
thence along said Southerly line, South 89° 56' 45"
West 118.46 feet, more or less, to a point in said
Westerly boundary of said Section 23, said point being
distant along said Westerly line North 0 13' 30"
West 40.90 feet from its intersection with the Westerly
prolongation of the center line of Cerritos Avenue;
thence along said Westerly line of Section 23,
North 0° 13' 30" West 407.70 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 11, 1962, notices of which said public hear-
ing 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. 363 Series 1961 -62,
denying Conditional Use Permit No. 253 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 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
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 July 31, 1962; and
WHEREAS, on July 31, 1962, the date to which said
hearing was continued, the City Council did receive further
evidence and reports, and at the request of the applicant, did
continue said hearing to this date; and
WHEREAS, the City Council finds, after careful con-
sideration of the recommendations of the City Planning Com-
mission and all evidence and reports offered at said hearings,
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.
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. 253 be, and the same is, hereby granted permitting the
construction of a walk -up burger chef building on the property
hereinabove described subject to the following conditions:
1. That subject property shall be developed sub-
stantially in accordance with plans marked
"Exhibits 1, 2, 3 and 14."i on file with the City
of Anaheim, EXCEPT as amended by Revised Plot
Plan marked "Approved by City Council August
114, 1962" and signed by Mayor Coons.
2. 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 Los Angeles Street for street widening
purposes.
3. That sidewalks and driveways shall be con-
structed along Los Angeles Street as required
by the City Engineer and in accordance with
standard plans and specifications on file in
the Office of the City Engineer.
That adequate areas for trash storage, accessible
to trash -truck pickup, shall be provided as
determined and required by the Street Maintenance
and Sanitation Division of the Public Works
Department, which areas shall be enclosed by a
solid fence or wall prior to final building
inspection.
5. That the owner of subject property shall pay to
the City of Anaheim the sum of $2.00 per front
foot along Los Angeles Street, for street light-
ing purposes.
6. That landscaped strips of a minimum width of
6 feet shall be installed, in addition to tree
wells, in the parkway portion abutting the
planned highway right of way line of Los Angeles
Street; 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.
7. That subject property shall be physically separated
from the mobile home park by a 6 -foot concrete
block masonry wall along the westerly property
line.
8. That Conditions Nos. 2, 3 and 5 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, 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 14th day of August, 1962.
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 14th day of August, 1962, by the following vote
of the members thereof:
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 14th day of
August, 1962.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 14th day of August,
1962.
SEAL
AYES: COUNCILMEN: Dutton, Schutte and Coons.
NOES: COUNCILMEN: Chandler.
ABSENT: COUNCILMEN: Krein.
ITY CLE
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OF THE CITY OF ANAHEIM