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63-1026 RESOLUTION NO. 63R-I026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHE1I'JI GRANTING CONDITIONAL USE PERMIT NO. 491. 1,'!HEHEAS, the City Planning Commission of the City of Anaheim did receive an application for a Conditional Use Permit from M. R. INVESTMENT COMPANY, 2037 West l15th Street, Los Angeles 47, California, to establish a new service station facility, including auto maintenance and repair, on the follow- ing described property situated in the City of Anaheim, County of Orange, state of California, to wit: PARCEL l: Tha t porti on of lot 1 of Hel en and Lynch t s SUbdivision, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in book 442 page 158 of Deeds, records of Los Angeles County, California, described as follows: Beginning at the intersection of the northeasterly line of the 80.00 foot strip of land described in Parcel 1 of the deed to the State of California recorded September 23, 1935, in book 780 page 108 of Official Records, with the East line of said lot 1; thence North 470 39t 06" West along the northeasterly line of said 80.00 foot strip to a point distant 90.67 feet South 470 391 06" East from the intersection of the northeasterly line of said 80.00 foot strip with a line parallel with and 30.00 feet south- erly measured at right angles from the North line of sec- tion 16, Township 4 South, Range 10 West; thence north- easterly along a tangent curve concave easterly, having a rad ius of 30.00 feet through an angle of 1360 56' a d 15- tance of 71.70 feet to the point of tangency of said curve with a line which is parallel with and distant 10.00 feet southerly measured at right angles from the southerly line of Lincoln Avenue, 60.00 feet wide; thence tangent North 890 16' 54" East 196.89 feet along said last men- tioned parallel line to the East line of said lot 1; thence South 00 17' 5c" East 253.36 feet along the East line of said lot 1 to the point of beginning. EXCEPT TI-IAT PORTION THEREOF LYING SOUTHEASTERLY OF a 1 ine extendin~ from a point on the southwesterly line thereof South 47 391 06" East 145.00 feet from the northwesterly terminus of that certain course cited above as "North 470 39 t 06" We s t" to a po int on the norther ly 1 ine the reof , North 890 16154" East lL~5.00 feet from the westerly terminus of that certain course cited above as "North 890 16' 54" East 253.36 feet ft. PARCEL 2: Tha t port ion of lot 1 of He 1 en and Lynch t s ~Ubdlv15ion, in the city of Anaheim, County of Orange, State of California, as shown on a map recorded in book 442 page 158 of Deeds, records of Los Angeles County, California, described as follows: Beginning at the intersection of the northeasterly line of the 80.00 foot strip of land described in Parcel 1 of the deed to the State of California recorded September 23, 1935, in book 780 page 108 of Official Records, with the East line -1- ""lIT"'.. . ".r.....'~",...,~......""'~;w.._.,.____;_,,"'~~.,t'~oG."'"~_;,:....,' .,.... ,-,.""'03<.:".,..._,\.~".,..,~;.,.<""*,,,.,,o.~.,,,,,,",~"~ of said lot 1; thence North 470 391 06" West along the northeasterly line of said 80.00 foot strip to a point distant 90.67 feet South 470 39' 06" East from the inter- section of the northeasterly line of said 80.00 foot strip with a line parallel with and 30.00 feet southerly measured at right angles from the North line of section 16, TOVJTlship 4 South, Range 10 West; thence northeasterly along a tangent curve concave easterly, having a radius of 30.00 feet through an angle of 1360 56' a distance of 71.70 feet to the point of tangency of said curve with a line which is parallel with and distant 10.00 feet southerly measured at right angles from the southerly line of Lincoln Avenue 60.00 feet wide; thence tangent North 890 161 54" East 196.89 feet along said last men- tioned parallel line to the East line of said lot 1; thence South 00 171 50" East 253.36 feet along the East line of said lot 1 to the point of beginning, that is included within a strip of land 5.00 feet wide the north- westerly line of which is a line extending from a point on the sou thwe s ter 1 y 1 ine thereof Sou th 470 39' 06" East 145.00 feet from the northwesterly terminus of that certain course cited above as "North 470 391 06" West" to a point on the northerly line thereof, North 890 161 54" East 145.00 feet from the westerly terminus of that certain course cited above as "North 890 161 54" East 253.36 feet", the southeasterly line of said strip is to be prolonged or shortened so as to terminate on the southwesterly and northerly line of the above described land. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on October 28th, 1963, notices of which said publ Ie hearing were duly given as required by law and the pro- visions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, inves- tigation 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. 947 Series 1963-64, granting Conditional Use Permit No. 491 upon the conditions therein set for th; and VJHEREAS, thereafter, wi thin twen ty-two (22) days from the date of the adoption of said resolution, the City Council did elect, upon its own motion, to review the action of the City Planning Commission in granting said Conditional Use Per- mit and did thereupon fix the 17th day of December, 1963, as the time and the Council Chamber in the City Hall of the City of JL\naheim as the place for a public hearing upon said Condi- tional Use Permit, and notices of such public heari.ng 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 hear- ing 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 con- sid era t ion of the recommend a t ions of the City P1ann ing Coromi s- sion and all evidence and reports offered at said hearing, that: -2- '..11,,'". ! i i I I , .j"..."W....trtd,j..I~._~.';I;t;V;,"~," ,..,'...... 1. The proposed use is properly one for which a Condi- tional Use Permit is authorized by the Anaheim MUni- cipal Code. 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. 2. 3. The s1 ze and shape of the site pro posed for the use is adequa te to allow th e fu 11 deve! opment of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. The traff ic generated by the proposed use wi 11 not impose an undue burden upon the streets and high- ways designed and improved to carry the traffic in the area. 4. 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 th e c i t i zen s 0 f th e City of Ana he i m . NOv.l, THEREFORE, BE IT RESOLVED by the City Coune i 1 of the City of Anaheim that the action of the City Planning Com- mission granting said Conditional Use Permit be, and the same is hereby sustained, and tha t Cond itiona1 Use permit No. 491 be, and the same is hereby, granted permitting the establish- ment of a new service station facility, including auto mainten- ance and repair, on the property hereinbefore described, subject to the following conditions: ""~.,-, ill 1. 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 Manchester Ave, for street widening purposes. 2. That sidewalks and driveways shall be constructed along Manchester and Lincoln Avenues as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the C i t Y En S:l in e e r, p r i 0 r to fin a 1 bu i 1 din gin s p3 c t ion. 3. That trash storage areas shall be provided in accor- dance with approved plans and specifications on file in the Office of the Director of Public Works and Superintendent of Streets, prior to final building ins pe c t ion. 4. That the owner of subj ect property shall pay to the City of .Anaheim the sum of .$2.00 per front foot, along fJIanchester Avenue for street lighting purposes. 5. That subject property shall be developed substantially in accordance with plans and specifications on file wit]:) the City of Anaheim, marked "ExhibIts Nos. 1, 2 and 3," and in accordance with the adopted Service Station Minimum Site Development Standards on file in the City Planning Department. -3- 'd"""'~'~~;,i''''V-''' 6. That ~!e old Morton Bay Fig Tree growing on sub- ject property, which is approximately 100 years old, sha 11 be pre sE:rved. 7. That Conditions Nos. 1 and 4 above-mentioned shall be complied with within a period of 180 days from da te he reof, or such fu rth er time as the City Coune i 1 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 th.e conditions herein. THE FOREGOING RESOLUTION is approved and signed by me this 17th day of December, 1963 ATTEST: ~~'TH7~-~~JtAR~-- STATE OF CALIFORNIA) COUNTY OF ORANGE ) s s . 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 17th day of December, 1963, by the followIng vote oft he m emb e r s the reo f : AYES: COUNCILMEN: Dutton, Chandler, Schu t te and Coons. NOES: COUNCILMEN: None. ABSENT: COlTNCILMEN: Krein. AND I FUHTHER CERTIRY that the Mayor of the City of Anahei~ approved and signed said resolution on the 17th day of December, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 17th day of December, 1963. (SEAL) (-; ~ '---, Q-.---, tilrraE F ~/"6~IM -It- ~.""~~,'''.' 111 ."_"';h'.;;;;;i.,q'"""",~~"C.,~~~';i;"__.,.w.~.."",,~,,,,,",,,,,c,....~>:_..;;&.. '. :;io..,~;u.;~,."t