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63-0587RESOLUTION NO. 63R -587 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 428 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application from ARTHUR HERBERT SHIPKEY, P. 0. Box 7, Anaheim, California, for a Conditional Use Permit to construct a service station on the following described prop- erty situated in the City of Anaheim, County of Orange, State of California, to wit: That part of Lot 4 of Anaheim Extension as surveyed by William Hamel and filed in the office of the County Recorder of Los Angeles County, a copy of which is re- corded in Book 3, page 163 and following of "Los Angeles County Maps" in the office of the County Recorder, Orange County, California, described as follows: Beginning at the Northwest corner of said Lot 4, being in the center line of Sycamore Street 49.5 feet wide, thence Southerly along the West line of Lot 4 and the East line of North East Street 151.55 feet, thence North 74 31' 10" East parallel to the center line of Sycamore Street, 190.10 feet; thence North 15 05' 20" West 151.55 feet to the North line of said Lot 4 being a point in the center line of said Sycamore Street; thence West along the North line of Lot 4 and the cen- ter line of Sycamore Street, 190.73 feet to the point of beginning. EXCEPTING THEREFROM the Easterly 65 feet. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on June 10 19 63 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. 796 Series 1962-63 denying Conditional Use Permit No. 428 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 denying said Condi- tional Use Permit and did thereupon fix the 9th day of July 19 63 as the time and the Council Chamber in the 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 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 oppor- tunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration 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 develop- ment 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 highways 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 Commission denying said Conditional Use Permit be, and the same is hereby disapproved and that Conditional Use Permit No. 428 be, and the same is hereby, granted permitting the construction of a service station on the prop- erty hereinbefore described, subject to the following conditions: 1. That said service station shall be operated in accordance with City Planning Commission Reso- lution No. 832 Series 1963 -64 adopted July 8, 1963. 2. (a) That all engineering requirements of the City of Anaheim along East and Sycamore Streets, including removal of existing curb, preparation -2- of improvement plans and installation of all im- provements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer; and (b) that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation ofsaid engineering requirements. 3. That trash storage areasshall be provided in accordance with standard plans on file in the Office of the Director of Public Works and Super- intendent of Streets, prior to final building inspection. 4. That a 6 -foot masonry wall shall be constructed along the south and east property lines, prior to final building inspection. 5. That the service station lights shall be so located as not to shine into the residential area. 6. That 2 -foot planters shall be installed between the concrete drives and a corner planter with a 25 -foot radius shall be provided as indicated on Exhibit No. 1 on file with the City of Anaheim; that plans for said landscaping shall be submitted to and approved by the Superintendent of Parkway Mainten- ance; and that said landscaping shall be installed prior to final building inspection. 7. That subject property shall be developed substan- tially in accordance with Exhibits Nos. 1, 2, 3 and 4, as amended, on file with the City of Anaheim. 8. That this Conditional Use Permit is granted subject to the completion of Reclassification Proceedings No. 62 -63 -121 now pending. 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 Anaheim Municipal Code and regulations and the conditions herein. THE FOREGOING RESOLUTION is approved and signed by me this 9th day of July, 1963. -3- YOR OF THE C T OF STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 63R -587 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 9th day of July, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler and Schutte NOES: COUNCILMEN: Krein and Coons ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 63R 587 on the 9th day of July, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 9th day of July, 1963. CITY CLERK OF THE CITY OF ANAHEIM