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1965-793RESOLUTION NO. 65R -793 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 754 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a Conditional Use Permit from CHARLES BOXENBAUM, 9350 Wilshire Blvd., Beverly Hills, California, to establish a service station at the intersection of a primary highway and a local street within 75 feet of a resi- dential structure in an R -A, Agricultural Zone, with the waiver of required 6 -foot wall between C -1 and R -A Zones, on the follow- ing described property situated in the City of Anaheim, County of Orange, State of California, to wit: The East 150.00 feet, measured from the tangent portion of East line of Lot 68 of Tract No. 2517, in the County of Orange, State of California, as per map recorded in Book 133, pages 40 to 42 inclusive of Miscellaneous Maps, in the office of the County Recorder of said county. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on Septem 13 19 65 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. 1768 Series 1965 66 denying Conditional Use Permit No. 754 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 October 26 19 65 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 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 con- sideration of the recommendations of the City Planning Commis- sion 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 deterimental 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. 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 in denying said conditional use permit be, and the same is hereby disapproved and that Conditional Use Permit No. 754 be, and the same is hereby, granted permitting the establishment of a service station at the intersection of a primary highway and a local street within 75 feet of a residential structure in an R -A Zone, with the waiver of required 6 -foot wall between C -1 and R -A zones, on the property hereinbefore described, subject to the following conditions: 1. That trash storage areas shall be provided in accord- ance with approved plans on file in the Office of the Director of Public Works and Superintendent of Streets, prior to final building inspection. 2. That adequate clearance between any type of building or structure erected on the subject property and existing electrical lines shall be provided as required by the Utilities Department, Electrical Division, and State of California G.O. 95. 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibits Nos. 1, 2, 3, 4 and 5. -2- 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 Ana Municipal Code and regulations and the condition(s) herein. THE FOREGOING RESOLUTION is approved and signed by me this 26th day of October 1 9 65 ATTEST: CIT CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM MA OR OF THE CITY OF MAYOR OF THE CITY OF A 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 46th day of (ttrber 19 65 by the following vote of the members thereof: (SEAL) AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Dutton /1 AHEIM Pebley, Schutte, Chandler and Krein None AND I FURTHER CERTIFY that the Mayor of of Anaheim approved and signed said resolution on 26th day of October 19 65 IN WITNESS WHEREOF, I have hereunto set and affixed the seal of the City of Anaheim this day of October 19 65 EIM CITY CLERK the City the my hand 26th CI Y CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 65R -793 duly passed and adopted by the Anaheim City Council on October 26, 1965. ('1