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63-0350RESOLUTION NO. 63R -350 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 379. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application from CHIP CHASIN, 1801 Newport Boulevard, Costa Mesa, California, for a Conditional Use Permit to construct a service station on the following des- cribed property situated in the City of Anaheim, County of Orange, State of California, to wit: The West 282 feet of the South 110.92 feet of those portions of the southwest quarter of Section 13, in Township 4 South, Range 11 West, in the Rancho Los Coyotes, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 51, page 11, of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point in the west line of said Section 13, which point is 1019.96 feet South of the north- west corner of the southwest quarter of said Section; thence easterly and parallel with the North line of said Section, 663.95 feet to a point in the East line of the West half of the northwest quarter of the southwest quarter of said Section; thence South along said East line 329.96 feet to the South line of said northwest quarter of the southwest quarter of said. Section; thence West along said South line of said northwest quarter, 664.00 feet to the southwest cor- ner of said northwest quarter, and thence North along the West line of said northwest quarter, 329.96 feet to the point of beginning, containing 5.02 acres, more or less. EXCEPTING THEREFROM the westerly 92.00 feet. ALSO EXCEPTING THEREFROM any portion of the above des- cribed land included within the following: Beginning at the northwest corner of said southwest quarter, thence South 0 10' 30" West 1,153.61 feet along the West line of said Section 13; thence South 89 49' 30" East 92.00 feet to a point on the easterly right of way line of Beach Boulevard and the true point of beginning; thence southeasterly along a cir- cular curve concave northeasterly having a radius of 25.00 feet through a central angle of 90 10' 30" and an arc length of 39.35 feet; thence along a tangent line East 139.84 feet to the beginning of a tangent curve concave northwesterly having a radius of 50.00 feet; thence northeasterly along said curve through a central angle of 36 52' 12" and an arc length of 32.18 feet to a point of reverse curvature with a curve concave southerly having a radius of 50.00 feet; thence easterly along said curve through a central angle of 90 00' 00" and an arc length of 78.54 feet; thence along a non tangent line East 10.09 feet; thence South 0 10' 15 West 60.00 feet; thence West 1 9.91 feet to a point on a non tangent curve concave northerly having a radius of 50.00 feet; thence westerly along said curve through a central angle of 90 00' 00" and an arc length of 78.54 feet to a point of reverse curvature with a curve concave southwesterly having a radius of 50.00 feet; thence northwesterly along said curve through a central angle of 36 52' 12" and an arc length of 32.18 feet; thence along a tangent line West 140.18 feet to the beginning of a tangent curve concave southeasterly having a radius of 25.00 feet; thence southwesterly along said curve through a central angle of 89 49 30" and an arc length of 39.19 feet to a point on the easterly right of way line of Beach Boulevard; thence North 0 10' 30" East 110.00 feet along said right of way line 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 April 15, 1963, 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 Couuuission, after due inspection, investi- gation 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. 729 Series 1962 -63, denying Condi- tional Use Permit No. 729; 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 the 30th day of April, 1963, 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 Council finds, after careful considera- tion 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 develop- ment 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 development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 2 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 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 Commis- sion denying said Conditional Use Permit be, and the same is hereby disapproved, and that Conditional Use Permit No. 379 be, and thesame is hereby, granted permitting the construction of a service station on the property hereinbefore described, subject to the following conditions: 1. That a full sidewalk shall be installed within the parkway along the service station frontage, prior to final building inspection. 2. That adequate areas for trash storage, acces- sible to trash -truck pickup, shall be provided as determined and required by the Street Main- tenance and Sanitation Division of the Public Works Department, which areas shall be enclosed by a solid fence or wall prior to final building inspection. 3. That the owner of subject property shall: (a) Pay to the City of Anaheim the sum of $2.00 per front foot along Stonybrook Drive for street lighting purposes; or (b) Install street lights along Stonybrook Drive in accordance with a street lighting plan approved by the Utilities Director of the City of Anaheim. 4. That a 6 -foot masonry wall shall be constructed along the south and east boundaries of subject property, where such wall does not presently exist, and that said wall shall be constructed prior to final building inspection. 5. That landscaping and tree wells shall be in- stalled and maintained as indicated on plans marked "Exhibit No. 1," on file with the City of Anaheim; that plans for said landscaping shall be submitted to and approved by the Superinten- dent of Parkway Maintenance; and that said land- scaping shall be installed prior to final building inspection. 6. That subject property shall be developed substan- tially in accordance with Exhibit No. 1, as amended herein, on file with the City of Anaheim; provided, however, that adequate elevation plans for the service station shall be submitted to and approved by the Development Review Division of the Planning Department prior to the issuance of a building permit. 3 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 con- ditions herein. THE FOREGOING RESOLUTION is approved and signed by me this 30th day of April, 1963. ATTEST: (SEAL) CI CLERK OF THE CITY 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 was passed and adopted at a regular meeting of the City Council held on the 30th day of April, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Schutte, Krein and Coons. NOES: COUNCILMEN: Chandler. ABSENT: COUNCILMEN: Dutton. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 30th day of April, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 30th day of April, 1963. CI CLERK OF THE CITY OF ANAHEIM 4