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71R-398 ,,.....-.... RESOLUTION NO. 7lR-398' A RESOLUTION or THE CITY COUNCIL OP THE CITY OF ANAHEIM GRANnNG COND1l:TIOlCAL USE PERMIT NO. 12,50 WHEREAS. the City Planning Commisslon of the City of Anaheim did receive an applica~ion for a conditional use permit from LORAHD lIEST, 810'1 Melrose Avenue,. Los Ange:Les,. .California, as ~9'ent for Bernardo Y~rba, owner, to: permit: :1:he establishment of a s'ervice station wi1:hin 7S feet of a Residential 'Zone and a 1:heatr.e in a C-l, General CODllercial Zone, on 'the following des- cribed property, to wit: . Lots 6, 7 and 8 of Tract No. 93:6 in the City of Anaheim., County of Oran9'e, State of Cali.fornia, as per map record- ed in Book 30, pages 1 and 2 of Miscell"aneo\1s Maps, in the Office of the County Recorder of said County. Except frOlD said Lots 7 and 8, that portion ly'ing north- erly of 'the sou1:herly line of 'the land des.cribed in 'the Deeds to the State of California, recorded May 18, 194.8, in Book 1638, page 365 of Official Records,' recorded May 26, 1948, in Book 1643, paqe 306 of Official Records and recorded June 4, 1948, in Book 1647, page 532, of Official Records. A portion of said land is included wi.thin the 'area shown on a Map filed in Book 74, page. 2 of Record of SUrveys in the Office of the County Recorder of said COunt.y. ..~- AND WHEREAS, the City Planning CO~8810D did. hold a public bearing at th~ City Ball in the. City ot Anaheim upon ~ said application on August 9 . 19 71 ,notices of . which said public hearing were duly g1ven as required by la~ and the provisions of Title 18, Chapter 18.76 of the Anaheim- MUnicipal Code; and WHEREAS, said COIlllli88ioD. 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 bearing did adopt its Resolution No. ~Series . .J. granting ~onditiofial ~ No. 12'50 . , and -1- . ....... ,- WHEREAS, thereafter, within twenty-two (22) days from the date of the adoption of said resolution, the City Council did elect, upon lts own motion, to review the action of the City Planning Commission in grantin~ said conditional use permit and did thereupon fix the 7' day of Sep.tember , 19~, as the time and the Council Chamber in the City Hall oftlii!City of Anaheim as the place for a public hearing upon said conditional use permit, 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 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 conside- ration 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 whieh a conditional use permit is authorized by the Anaheim Klnicipal C.ode e 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 propo8~d .for the use is adequate to allow tb~ full develQpment.of the proposed ~se in a m8unernot'detrlmental-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 high- ways designed and improved to carry the traffic in the area. ."-" S. The grant:Lng of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general we.lfare of the eitizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anabei. that the action of the ~ity P1aDDlng Com- mission qrantinq said conditional use permit be, and the same ~s hereby aooroved , and that Conditional Use Permit No e. .1250 be, and the same is hereby J granted permitting the establishment of an automobile service station with a waiver of the requirement that a service station is limited to those si~es 'at ~e intersec~ion of two arterial hiqhways, and a theatre in a C-l, General COmmercial Zone, sub- ject to the following conditions: . 1. That this Conditional Use Permit is granted sub.j.ect to . the completion of Reclassification Nos. 64-65-64 and 71-72-7 and Variance No. 2283. 2. That .subject property shall be developed substantially in accordance with adopted Service Station Minimum Site Development Standards. -2- 3. That subject property shall be developed substanti- ally in accordance with plans 'and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, 3, 4, 5, 6 and 7, filed with Reclassification No. 71-72-7. .-,....... 4. That buildin9 plans for ~e si9nin9 of ~e service station, and for the proposed readerboard for the theater, in the event it is built, shall be. submitted to the Development Services Department for approval. The City Clerk hereby res.erves the. right to revoke such conditional use permit for good cause or failure of said owner, his .heirs, success'ors or ass.igns, to comply with the Anaheim Municipal Code and regulations and the. conditions herein. THE FOREGOING RESOLUTION is approved and signed by me this 7th day of September, 1971. ATTEST: :' \ .- ~ . , .,~ . . ~mCI' ~~ ..../ STATE OF CALrFORJ.'lIA ) COUNTY OF 9~GE ) CITY OF ANAHEIM ) SSe I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 7~'398 was passed and adopted at a ----- regular meeting of . City Council held on the 7th -day of September, 19"71 , by the: following vote of the members tnereof: - NOES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton COUNCILMEN: None AYES: ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the .City of Anaheim approved and signed said resolution on the 7th. day of .September , 1971 . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 7th day of September , 1971 · ,...-.. . _~. ~ Il~~ _J- eI CLER OF THE CITY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 7lR-398 duly passed and adopted by the Anaheim City Council on September 7, 1971. A2~ N j)~ City Clerk -J- FAL:ms