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1974-044RESOLUTION NO. 74R -44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1446 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from Jefferson Investment Affiliates, owners, to establish an automobile service station on the following described property: PARCEL 4: Beginning at the intersection of the Southerly line of the land described in Deed recorded in Book 1062, Page 269, Official Records, with the Easterly line of Parcel 3 of Deed recorded June 21, 1971, in Book 9728, Page 486, Official Records; thence along said Easterly line South 21° 55' 24" East 397.50 feet to the Southeast corner of said Parcel 3; thence con- tinuing along the Easterly line of Lakeview Avenue, 106.00 feet wide, as described in the Deed to the City of Anaheim, recorded November 6, 1970, in Book 9454, Page 647 Official Records, South 21° 55' 24" East 158.50 feet to the true point of beginning; thence North 68° 04' 36" East 60.00 feet; thence North 89° 49' 41" East 32.00 feet; thence South 0° 10' 19" East 15.00 feet; thence North 89° 49' 41" East 110.00 feet; thence South 0° 10' 19" East 30.00 feet; thence South 12° 46' 16" West 102.00 feet, more or less, to the Northerly line of McKinnon Drive, 60.00 feet wide, being also the Southerly line of the land conveyed to Jefferson Investment Affiliates, a Limited Partnership, by Deed recorded July 20, 1973, in Book 10810, Page 531, Official Records; thence along said Northerly line South 77° 13' 44" West, 126.00 feet to an angle point therein; thence North 12° 46' 16" East, 2.00 feet; thence North 77° 13'_44" West 25.00 feet to the beginning of a tangent curve, concave Northeasterly, having a radius of 15.00 feet; thence Northwesterly 20.40 feet along said curve through a central angle of 78° 16' 16" to the beginning of a compound curve, concave Easterly having a radius of 1747.00 feet; said curve being on the Easterly line of said Lake- view Avenue; thence Northerly along said compound curve 78.56 feet through a central angle of 2° 34' 36 thence tangent to said curve North 21° 55' 24" West 76.52 feet to the true point of beginning. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on January 7 1974 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. pr74 8 Series granting Conditional Use Permit No 1116 and aubjoct to oortain oonditionz 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 5th day of February 1974 as the time and the Council Chamber in the City Hall o t e 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 a f..;,, said conditional use permit be, and the same i r s her usta i n c1 and that Conditional Use Permit No. 4,446 be, and the same is hereby, granted permitting an automobile service station on the aforedescribed property with waivers of the following section of the Anaheim Municipal Code: SECTION 18.40.020(b)3 Requirement that a service station must be at the intersection of two highways (intersection of a highway and a local street 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. 73- 74 -37, now pending. 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, 2, 3 and 4. BE IT FURTHER RESOLVED that the City Council hereby reserves the right to revoke such variance 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. Said variance is granted for the term prescribed by the Anaheim Municipal Code unless otherwise speci- fied herein. THE FOREGOING RESOLUTION is approved and signed by me this 5th day of February, 1974. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, ALONA M. FARRENS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 74R -44 was passed and adopted at a regular meeting of the City Council held on the 5th day of February 1974 by the following vote of the members thereof: (SEAL) FAL:jh AYES: COUNCILMEN: STEPHENSON, SNEEGAS, PEBLEY, THOM and DUTTON NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE -3- YOR OF THE CITY OF AN EIM 1, ALONA M. FARRENS, CITY CLERK or THHr CITY DP ANAk fl -CIO-HEREBY CERTIFY. .THAT_.IHE..F0 OI _13.- _O 1 14 RESOLUTION NO. 74R DULY PANED AND AI DPfl BY THE ANAHEIM CITY COUNCIL ON,.EAMML 5 197 AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 5th day of February 1974 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of February 1974 f' =44/2 CITY CLERK OF THE CITY OF ANAHEIM