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1977-670ATTY 26 (Page 1 of 3 pages) RESOLUTION NO. 77R -670 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1703 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from HOLLY WADE TUSZEWSKI, owner; GEORGE ADAMS, agent, to permit a resource recovery and recycling operation on the property situ- ated in the State of California, County of Orange, City of Anaheim, described as follows: PARCEL NO. 1: Those portions of Lots 11, 12, and 13 inclusive of "Orange Grove Acres No. 2" as shown on a map re- corded in Book 7 at Page 36 of Miscellaneous Maps of said Orange County, lying South of the South line of the land conveyed to the State of Califor- nia by deed recorded May 24, 1963 in Book 6561, page 239 of Official Records. PARCEL NO. 2: Lots 31 and 32 of "Orange Grove Acres No. 2" as shown on a map recorded in book 7, page 36 of Miscellaneous Maps, records of Orange County, California. EXCEPTING THEREFROM that portion of said Lots conveyed to the county of Orange by Deed recorded August 23, 1922 in Book 433, page 202 of Deeds. PARCEL NO. 3: That portion of the North half of Pomelo Drive, as shown on the map of "Orange Grove Acres No. 2," recorded in Book 7, page 36 of Miscellaneous Maps, records of Orange County, California, adjoining Lots 11, 12 and 13 of said Orange Grove Acres No. 2, on the South and that portion of the South half of said Pomelo Drive adjoining Lots 31 and 32 of said Orange Grove Acres No. 2 on the North, aban- doned and vacated by resolution of the Board of Supervisors of Orange County on March 29, 1930, a Certified Copy of which was recorded March 31, 1930 in Book 972, page 164 of Official Records. -1- AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on August 29 19 77, 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, investigation 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. PC77 -184 Series granting Conditional Use Permit No. 17n1, in part 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 11th day of 1977, as the time and the Council Chamber in the C tv 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 13, 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 consid- eration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: ATTY -26 (Page 2 of 3 pages) 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 to the particular area nor to the peace, health, safety and general welfare. b. 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. -2- 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 Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 1703 be, and the same is hereby, granted permitting a resource recovery and recycling operation on the aforedescribed property with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.61.062.010 SECTION 18.61.068.020 Minimum front setback. (5 and 25 feet required; 0 to 12 feet proposed) Required block wall. (6 foot block wall required; 8 foot chainlink fence pro- posed) That said Conditional Use Permit is granted subject to the follow- ing conditions: 1. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 76- 77 -49. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3; provided, however, that a 25 -foot wide landscaped setback shall be provided along Frontera Street, that the property shall be entirely enclosed by a minimum 8 -foot high wood- slatted chainlink fence along Frontera Street, and that said fence shall be located on a minimum 4 -foot high landscaped earthen berm. 3. That a landscaping plan shall be submitted to and ap- proved by the Planning Commission indicating the landscaping materials and the spacing of said plants along the interior prop- erty lines and in the setback areas along Frontera Street and Newkirk Road. 4. That all the above- mentioned conditions with within a period of ninety (90) days from the 5. That the landfill operation located at ner of the property shall be terminated. ATTY -26 (Page 3 of 3 pages) 3- shall be complied date hereof. the southeast cor- 6. That no material shall be piled, stacked or maintained on the property so as to be higher than the aforesaid fence or in such a manner as o be visible from surrounding properties or the freeway. 7. That landscaping shall be provided and maintained to fully screen said operation from view from all hiking, riding and bicycle trails. 8. That said operations and activities on the premises shall be limited to between the hours of 6 :30 a.m. to 7:00 p.m. daily, seven (7) days a week. BE IT FURTHER RESOLVED that the City Council hereby re- serves the right to revoke such Conditional Use Permit for good cause or failure of said owner, her heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions therein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this llth day of October, 1977. ATTEST: CITY ERI OF TH CITY OF ANAHEIM JLW:fm O THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 77R -670 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the llth day of October, 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom NOES: COUNCIL MEMBERS: None TEMPORARILY ABSENT: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Resolution No. 77R -670 on the llth day of October, IN WITNESS WHEREOF, I have hereunto set my hand and the City of Anaheim this filth day of October, 1977. e& CITY CLERK Anaheim signed said 1977. affixed the seal 'of CITY CLERK OF THE CI OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -670 duly passed and adopted by the Anaheim City Council on October 11, 1977.