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63-0471RESOLUTION NO.63R -471 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 404 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application from COUNTRY DEVELOPMENT, INC., Anaheim, California, for a Conditional Use Permit to con- struct a service station on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: Lot 1 of Tract No. 3886 as shown on a map recorded in Book 151, Page 9, Miscellaneous Maps, Records of Orange County, California. 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 29 19 63 T 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, in- vestigation 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. 734 Series1962 -63 denying Conditional Use Permit No. 404 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 denyin said Conditional Use Permit and said appeal was set for pu hearing on May 28 19 63 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 38.76 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 consideration 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. 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 denyin.; said Conditional Use Permit be, and the same is hereby disapproved and that Conditional Use Permit No. 404 be, and the same is hereby, granted permitting the construction of a service station on the property herein before described, subject to the following; conditions: 1. That driveways shall be constructed on Lincoln Avenue and Westchester Drive as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 2- 2. That full sidewalks shall be constructed within the parkways on Lincoln Avenue and. Westchester Drive as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 3. That adequate areas for trash storage, accessible to trash -truck pickup, shall be provided as deter- mined and required by the Street Maintenance and Sanitation Division of the Public Works Department, which areas shall be enclosed by a solid fence or wall prior to final building inspection. 4. That subject property shall be developed substan- tially in accordance with plans on file with the City of Anaheim, marked "Exhibit No. 1 provided, however, that the elevations of the proposed development shall be subject to approval by the Development Review Division of the Planning Depart- ment prior to the issuance of a building permit. 5. That landscaping shall be installed as indicated on plans on file with the City of Anaheim, marked "Exhibit No. 1 that plans for said landscaping shall be submitted to and approved by the Superin- tendent of Parkway Maintenance; and that said land- scaping shall be installed prior to final building inspection. 6. That Conditions Nos. 1 and 2 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, its 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 28th day of May, 1963. ATTEST: CI Y CLERK OF THE CITY OF ANAHEIM -YOR OF TH C Y IF ANA` EIM 3 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.. 63R -471 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 28th day of May, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Ana- heim approved and signed said Resolution No. 63R -471 on the 28th day of May, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 28th day of May, 1963. (SEAL) f ame CITY CLERK OF THE CITY OF ANAHEIM