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64-766RESOLUTION NO. 64R -766 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 623 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a Conditional Use Permit from DUDLEY B. FRANK, 1621 East 17th Street, Santa Ana, Califor- nia, to establish a service station on the property hereinafter described within 75 feet of R -1, One- Family Residential, Zoned property, and permitting the removal of C -1 Deed Restrictions limiting the use of said property to business and professional offices only. Said property is situated in the City of Anaheim, County of Orange, State of California, and is more particularly described as follows: That portion of the southeast quarter of Section 17, Township 4 South, Range 10 West, partly in the Rancho Los Coyotes and partly in the Rancho San Juan Cajon de Santa Ana, in the City of Anaheim, County of Orange, State of California, as said section is shown on a map recorded in Book 51, page 10 of Miscel- laneous Maps, in the Office of the County Recorder of said county, described as follows: Beginning at a point South 2665.87 feet and West 30.00 feet from the northeast corner of said Section 17; thence West 631.29 feet; thence South 413.82 feet; thence East 630.96 feet; thence North 413.82 feet to the point of beginning. EXCEPT the South 247.00 feet thereof. ALSO EXCEPT that portion thereof lying westerly of a line parallel with and 203.00 feet westerly from the center line of Euclid Avenue, as shown on the map of Tract No. 3672 recorded in Book 129, page 5 of said Miscellaneous Maps. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on September 14 19 64 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, investigation 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. 1334 Series 1964 -65 denying Conditional Use Permit No. 6 23 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 20 19 64 at the City Hall, in the City of Anaheim, and notices of sac 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 opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, theto 1. T4e proposed use is properly one for which a Conditional Use Permit is authorised by the Anaheim Municipal. Code. 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. The sire 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. 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. 3. 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. HOW, TRERUORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commis sion denXing said Conditional Use Permit 'bs and the same is hereby disapproved and that Conditional Use Permit Flo. 623 bs, and the same is herby, granted permitting the establishment of a service station on the property 'herein before described within 75 feet of R -1, One- Family Residential, Zoned property, subject to the following conditions: 1. That the owner of subject property shall pay to the City of Anaheim the sum of 15c per front foot along Orange Avenue and Euclid Street, for tree planting purposes. ATTEST: 2. That subject property shall be developed sub- stantially in accordance with Service Station Minimum Site Development Standards of the City of Anaheim. 3. That subject property shall be developed sub- stantially in accordance with plans and specifications on file with the City of Anaheim, marked "Exhibits Nos. 1, 2 and 3." 4. That the granting of Conditional Use Permit No. 623 does not constitute approval of the sign as shown on the plans. Permit for said sign must be applied for separately. 5. That trash storage areas shall be provided in accordance with approved plans on file in the Office of the Director of Public Works and Superintendent of Streets, prior to final build- ing inspection. 6. That this Conditional Use Permit is granted subject to amendment of recorded deed restrictions filed under Reclassification Proceedings No. 59- 60 -14, as they pertain to subject property only; and that said amendment shall be subject to the approval of the City Council. 7. That Condition No. 1 above- mentioned shall be complied with within a period of 180 days from date hereof, or such further time as the City Council may grant. The City Council hereby reserves such Conditional Use Permit for good cause owner, his heirs, successors or assigns to Anaheim Municipal Code and regulations and herein. THE FOREGOING RESOLUTION is approved and signed by me this 20th day of October, 1964. DENE M. WILLIAMS, CITY CLERK BY EPUTY CITY CLERK OF THE CITY OF ANAHEIM the right to revoke or failure of said comply with the the conditions (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 64R -766 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 20th day of October, 1964, by the following vote of the members thereof: AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 64R -766 on the 20th day of October, 1964. IN WITNESS WHEREOF, I_, have hereunto set my hand and affixed the official seal of the City of Anaheim, this 20th day of October, 1964. DENE M. WILLIAMS, CITY CLERK DEPUTY CITY CLERK OF THE CITY OF ANAHEIM