1962-0656WHEREAS, the City Planning Commission of the City
of Anaheim did receive a request for a Conditional Use Permit
from CHARLES R. SIMON, 1204 E. La Palma Avenue, 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:
RESOLUTION NO. 62R -656
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 235.
That portion of lot 1 of the Anaheim Extension, in
the city of Anaheim, county of Orange, state of
California, as shown on a map of Survey made by
William Hamel and filed in the office of the
county recorder of Los Angeles County,
California, a copy of which is shown in book 3
page 163 et seq., entitled "Los Angeles County
Maps' records of said Orange County, described
as follows:
Beginning at the northwest corner of the land
conveyed to J. E. Walter, et al, by deed recorded
May 13, 1947, in book 1514 page 377 of Official
Records of said Orange County, said point being
West 817.84 feet from the northeast corner of
said lot; thence southerly 209.41 feet along
the westerly line of said land to the southwest
corner of said land; thence South ?3 540 25" West
270.81 feet along the prolongation of the southerly
line of said land of Walter, to the westerly line
of said lot; thence northerly 288.00 feet along
said westerly line to the northwest corner of
said lot; thence East 281.07 feet to the point of
beginning.
EXCEPT the southerly 95.00 feet thereof.
ALSO EXCEPT the easterly 85.00 feet, measured
along the southerly line thereof.
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. 320 Series
1961 -62, denying Conditional Use Permit No. 235; 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 19, 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
WHEREAS, the City Counc i l did find, after careful
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said
hearing, that Conditional Use Permit No. 235 should be denied,
and did thereupon'adopt Resolution No. 62R -588 denying the
request of Charles R. Simon for a Conditional Use Permit to
construct and operate a service station on the property herein
above described; and
WHEREAS, a request for a rehearing on said Conditional
Use Permit No. 235, based on newly discovered evidence, was
received by the City Council on June 21, 1962 from the attorney
for said applicant, and said request was set for public hearing
on July 17, 1962, at 7 :00 o'clock P.M. at the City Hall in
the City of Anaheim, and notice of such public hearing was
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 to consider new evidence, 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
WHEREAS, the City Council finds, after careful
consideration of 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.
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 Conditional Use Permit No. 235 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 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,
including corner return, along La Palma Avenue
for street widening purposes.
2. That the owner 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 3" on file with the City of
Anaheim.
That the owner of subject property shall pay to
the City of Anaheim the sum of $2.00 per front
foot, along East Street, for street lighting
_purposes.
That sidewalks and driveways shall be constructed
on La Palma Avenue and East Street 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 Conditions Nos. 1, 2, 4 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 17th day of July, 1962.
ATTEST:
CI CLERK OF THE CITY OF ANAHEIM
YOR OF THE CITY OF ANAHEIM
STATE. OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City bf Anaheim,
do hereby certify that the foregoing Resolution No. 62R -656 was
introduced and adopted at a regular meeting provided by law, of
the City 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, Chandier 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.
(SEAL)
2/
CITYCLERK OF THE CITY OF ANAHEIM