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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 -1- 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. -2- 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