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1974-579RESOLUTION NO. 74R -579 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 14 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from SHOICHI KUBO to permit the continued use and expansion of a plant nursery on the following described property: That portion of the East Half of the Northeast Quar- ter of the Southeast Quarter of Section 14, Township 4 South, Range 11 West, San Bernardino Meridian, in the City of Anaheim, County of Orange, State of Cali- fornia, described as follows: Beginning at a point in the East line of said South- east Quarter, said East line also being the centerline of survey for Beach Boulevard, said point of beginning being distant South 0° 10' 35" East along said East line 1008.44 feet from the Northeast corner of said Southeast Quarter, said point of beginning also being the Southeast corner of the North five acres of that portion of said East Half of the Northeast Quarter of the Southeast Quarter of said Section 14 lying South of the North 679.46 feet of said East Half, said point of beginning hereinafter to be referred to as point "A PARCEL 3 Beginning at Point "A" as described in the above des- cription; thence South 89 35' 50" West 441.82 feet along the South line of said North five acres to a point on the Northerly prolongation of the Easterly right -of -way line of Hayward Street (64 feet wide) as said street is shown on a map of Tract No. 3823 as recorded in Book 203, Pages 21 through 23 of Mis- cellaneous Maps and a map recorded in Book 12, Page 34 of Parcel Maps, Records of Orange County, Califor- nia; thence South 0° 12' 10" East along said North- erly prolongation 201.50 feet to the Northwest corner of Parcel "B" of said parcel map; thence North 89° 36' 50" East along the North line of said Parcel "B" and the Easterly prolongation of said North line 441.72 feet to a point in the East line of said South- east Quarter and said centerline of survey of Beach Boulevard; thence North 0 10' 35" West along said East line and said survey centerline 201.63 feet to the point of beginning. Excepting therefrom the East 40 feet. 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 30 19 74, 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, 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. PC74 -210 Series approving Conditional Use Permit No. 1498 and WHEREAS, thereafter, within twenty -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 permit and did thereupon fix the 26th day of Novvgber 19 4 as the time and the Council Chamber in the City Hall of the 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 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 development of the proposed use in a manner not detrimental 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. 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 Com- mission ala rovinng said conditional use permit be, and the same is hereby sustained and that Conditional Use Permit No. 1498 be, and the same is hereby, granted permitting the continued use and expansion of a plant nursery on the aforedescribed property be, and the same is hereby, granted with waivers of the following sections of Anaheim Municipal Code: SECTION 18.40.070(2)(a)6 Permitted driveway width. (30 feet permitted; 35 feet existing) SECTION 18.40.070(3)(a) Maximum building height. (6 feet required; 10 feet existing) -2- SECTION 18.40.070(6)(x) Required block wall adjacent to R -A Zoning. (6 foot wall required; none proposed) That said conditional use permit be granted subject to the following conditions: 1. That this conditional use permit is granted subject to the completion of Reclassification No. 74- 75 -16, now pending. 2. That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2 and 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 conditions herein. THE FOREGOING RESOLUTION is approved and signed by me this 26th day of November, 1974. ATTEST: CITY CLERK OF THE TY OF ANAHEIM FAL JR:fm -3- TH T OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 74R -579 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 26th day of November, 1974, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 74R -579 on the 26th day of November, 1974. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of November, 1974. (SEAL) AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 277 CITY CLERK OF THE CITY OF ANAHEIM I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 74R -579 duly passed and adopted by the Anaheim City Council on November 26, 1974. C z-e c--y -1 -7 City Clerk