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1968-253RESOLUTION NO. 68R -253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1015 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from DONALD M. WILEY and ALEENE B. WILEY, 130 Bryant Court, Exeter, California, and Union Oil Company, P. 0. Box 7600 Terminal Annex, Los Angeles, California, to establish an automobile service station on the property hereinafter described, within 75 feet of a resi- dential zone, with waivers of the minimum building setback area (Section 18.40.070(2- a -5 -a) of the Anaheim Municipal Code) and maximum height limitation of any building within 150 feet of any single- family residential zone (Section 18.40.070(3 -a) of the Anaheim Municipal Code). Said property is situated in the City of Anaheim, County of Orange, State of California and is more particularly described as follows: Lots 77, 78 and 79 of Tract No. 2402, as shown on a map recorded in Book 79, Pages 37, 38 and 39 of Miscellaneous Maps, Records of Orange County, California. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on Aril 8 19 68 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 consideration of all evidence and reports offered at said hearing did adopt its Resolution No. PC68 -111 granting Conditional Use Permit No. 1015. subject to the conditions therein set forth 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 14th da y of 19 68 as the time and the Council Chamber in t e� 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 -1- 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 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 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 granting said conditional use permit be, and the same is hereby sustained and that Conditional Use Permit No. 1015 be, and the same is hereby, granted permitting the establishment of an automobile service station within 75 feet of a residential zone, on the property hereinbefore described, with waivers of the minimum building setback area (Section 18.40.070(2- a -5 -a) of the Anaheim Municipal Code) and maximum height limitation of any building within 150 feet of any single family residential zone (Section 18.40.070 (3 -a) of the Anaheim Municipal Code), subject to the following conditions: 1. That this conditional use permit is granted subject to the completion of Reclassification Proceedings No. 67 -68 -65 now pending. 2. 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 and zoning inspections. 3. That all exterior lighting shall be directed downward and away from abutting property lines, prior to final building and zoning inspections. 4. That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibits Nos. 1 and 2; PROVIDED,HOWEVER, that an effective landscape screen shall be installed between the service station property and the residential prop- erty to the north, as well as the residential property to the west, if said property to the north has not been converted to commercial usage by the time the service station development is accomplished. 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 14th day of May, 1968. ATTEST: (SEAL) CI Y CLERK d CITY 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 14th day of May, 1968, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None YOR OF T IT OF ANAH AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 14th day of May, 1968. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 14th day of May, 1968. CITY 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 Resolu- tion No. 68R -253 duly passed and Adopted by the Anaheim City Council on May 14, 1968. -1- City Clerk