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63-0867RESOLUTION NO. 63R-867 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE ?ERMIT NO. 1.70. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a Conditional Use Permit from FRANK W. SACKETT and EDITH ROSE SACKETT, Owners, and L. G. S. CORPORATION, Lessee, 2120 South Main Street, Santa Ana, California, to permit the construction of a service station and restaurant on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: That portion of lot 35 of Anaheim Extension in the City of Anaheim, as shown on a map of survey made by William Hamel, and filed for record in the Office of the County Recorder of Los Angeles County, California, and being a portion of the southerly five and one -half acres thereof, described as follows: Commencing at a stake marked W.N.H. and H.C.K. on the South line of section nine, in Township L South, Range 10 West, San Bernardino Base and Meridian, the same being the southwest corner of a 20 acre tract of land sold by D.W.C. Cowan to Dr. William N. Hardin, by deed recorded in Book 3h_, Page t!57, deeds, records of Los An- geles County, California, running thence North, 1021_.0 feet, more or less, to an old corner post marked H.C.K.; thence East, 363.7 feet; thence South, 102).0 feet, more or less, to the South line of said section nine; thence West, 363.7 feet to the point of beginning. Excepting therefrom, that portion as granted to the State of California, by deed recorded February 3, 1956, in Book 3381, Page 1!!7, Official Records, in the Office of the County Recorder of Orange County, described as follows: Beginning at a l_!. inch by inch redwood stake on the South line of said section nine, 2948.88 feet East of the south west corner of said section; thence North 1 West, 18)1.40 feet; thence South 86° 48' 50" East, 58.78 feet; thence South 56 30' 38" East, 70.1!5 feet; thence South 24.° 31' 2" East 98.06 feet; thence South 1 7t 50" East 50.00 feet to a point on the South line of said section; thence along said South line, South 88° 52' 10" West, 26.19 feet; thence continuing alone said South line, South 88° 53' 50" West, 129.t!2 feet to the point of begin- ning. Also excepting therefrom, that portion described as follows: Beginning at an old corner post marked H.C. K.; running thence East, 363.7 feet; thence South, 365.30 feet; thence West, 363.7 feet; thence North, 365.30 feet to the point of beginning. Also excepting therefrom that portion lying northerly and easterly of the following described line: -1- Beginning at a point lying South, 703.30 feet from an old corner post marked H.C.K.; running thence East, 14.0.0 feet; thence South 1)4.00 feet; thence East, 223.7 feet to a point, said point being East, 363.7 feet and South, 717.30 feet from said old corner post. AND WHEREAS, the City Planning Commission did hold a publ is hearing at the City Hall in the City of Anaheim upon said application on September 16, 1963, 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 cons ideration of all evidence and reports offered at said hearing did adopt its Resolution No. 903 Series 1963 -64, granting Conditional Use Permit No. 470, subject to certain conditions therein set for th; 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 moti on, to review the action of the City Planning Commission in GRANTING said Conditional Use Permit and did thereupon fix the 29th day of October, 1963, as the time and the Council Chamber in the City Hall of the City of Anaheim as the place for a pubs is hearing upon said Conditional Use Permit, and notices of such publ is 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 publ is hearing, the City Counci 1 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 consi- deration of the recommendations of the City Planning Commiss ion and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a Cond it i onal Use Permit is authorized by the Anaheim Municipal Code. 2. The proposed use wi 11 not adversely affect the adjoining land uses and the growth and develop- ment of the area in which it is pro posed to be located. 3. The size and shape of the site proposed for the use is adequate to al low the fu l 1 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 wi 11 not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. -2- 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 t'ne same is hereby sustained on the property here inbefor e des- cribed only, the City Planning Commission having acted on an additional parcel of property in its Resolution No. 903- Ser ie s 1963 -6a; and that Conditional Use Permit No. h70 be, and the same is hereby granted permitting the construction of a service station and restaurant on the property hereinhefore described, subject to the following conditions: 1. That sidewalks and driveways sha 1 1 be constructed along Lincoln and Wilshire Avenues, as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer, prior to final building inspection. 2. That trash storage areas shall be provided in ac- cordance with approved plans on file in the Office of the Director of Publ is Works and Superintendent of Streets, prior to final building inspection. 3. That fire hydrants shal 1 be installed as requ ired and determined to be necessary by the Chief of the Fire Department, said fire hydrants to be instal led prior to final building inspe cti on. L_. That no mod if ication of' the existing traffic island s or bars wi 11 be permitted. 5. That sub je ct property sha 11 be developed substantial ly in accordance with plans and specifications on file with the City of Anaheim, marked "Exhibit No. 1, Revision No. 2," as they apply to sub ject property. 6. That landscaping shall be provided in the service station area substantial ly in accordance with adopted Service Station Minimum Site Development Standards. 7. That subject property shall be landscaped as indica- ted on Exhibit No. 1, Revision No. 2; PROVIDED, however, that a strip of land of a minimum width of 6 feet shall be landscaped where the parking area at the southwest corner of sub ject property abuts the proposed westerly streets and Wilshire Avenue. 8. That tree wells shall be provided at approximately 40 -foot int erva is in the Linco In and Wilshire Avenues parkways abutting sub ject property; that plans for said tree wel is and the plantings the rein shall be submitted to and approved by the Superintendent of Parkway Maintenance; and that said tree wells she.) 1 be planted with trees prior to final building in- spection. 9. That all air conditioning facilities shall be contained within the building or properly shielded from view. 10. That this Conditional Use Permit is granted subject to the completion of Reclassification Proceedings No. 63- 64-30 now pending on subject property. BE IT FURTHER RESOLVED that consideration of the other aspects of said Conditional Use Permit pertaining to the additional parcel of property described in Resolution No. 903 Series 1963 -64 of the City Planning Commission as "Portion B and hereinabove referred to, be deferred to December 10, 1963. The City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owners, their 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 5th day of November, 1963. ATTEST: (SEAL) ITY OF ANAHEIM STATE OF CALIFORNIA) COUNTY OF ORANGE s s 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 5th day of November, 1963, by the following vote of the mernb ers thereof: AYES: COUNCILMEN: Dutton, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ABSTAINED FROM VOTING: COUNCILMAN: Chandler AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 5th day of November, 1963, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of November, 1963. -4- ANAHE117