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1965-247RESOLUTION NO. 65R -247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 678. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a Conditional Use Permit from RAWLINS INVESTMENT CORPORATION, Los Angeles, California, and ROBERT NEWTON and MARY D. NEWTON, 411 East 20th Street, Santa Ana, California, to establish a service station within 75 feet of a residential structure in an R -A, Agricultural Zone, on the fol- lowing described property situated in the City of Anaheim, County of Orange, State of California, to wit: Parcel 1: Lot 2 of Tract No. 498, as shown on a Map thereof recorded in Book 19, page 24, Miscellaneous Maps, records of said Orange County, California. EXCEPTING THEREFROM that portion of Lot 2 of Tract No. 498, as shown on a Map thereof recorded in Book 19, page 24, Miscellaneous Maps, records of said Orange County, lying Northeasterly of the following described line: Beginning at a point on the North line of Section 26, in Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as shown on a Map thereof re- corded in Book 51, page 7 and following, Miscellaneous Maps, records of said Orange County, distant thereon North 89 57' 45" East 942.18 feet from the Northwest corner of said Section; thence South 42 00' 00" East, 760.00 feet, and the Northerly 10 feet of said Lot 2, included within the above described parcel of land. ALSO EXCEPTING THEREFROM the Northerly 10 feet of said Lot 2. PARCEL 2: That portion of the West 60 feet of Lot 1 of Tract No. 498, Berger Half- Acres, as per map recorded in Book 19, page 24 of Miscellaneous Maps, in the office of the County Recorder of said County, lying Southerly and Southwesterly of the following described line: Beginning at a point on the Northerly line of Section 26, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, distant thereon, North 89 57' 45" East, 942.18 feet from the Northwesterly corner of said Section; thence South 42 00' 00" East, a distance of 760.00 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 March 1, 1965, notices of which said public hear- ing 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. 1545, Series 1964 -65, granting Conditional Use Permit No. 678, subject to the condi- tions therein set forth; and -1- WHEREAS, there fter, within twenty-two (22) days from the date of the adoption of said resolution, the City Council did elect, upon its own motion, to ?vew the action of the City Planning Commission in granting said Conditional Use Permit and did thereupon fix the 6th day of April 1965 as the time and the Council Chamber in the aliTial of he. 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 1 w :end the provisions of Title 18, Chapter 18,76 of the Anaheim Municipal Code; and WHEREAS, at the time ,.nd place fixed for said public hearing, the City Council did duly hold and conduct 'such hear- ing End did give all persons interested therein an opportunity. to be heard and did receive evidence :nd reports; and WHEREAS, the City Council finds, after car -ful conside- ration of the recommend::.tions 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 C.nnditional Use Permit is authorized by the Anaheim Munic ip 1 Code. 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. The size and shape of the site proposed for the use is dequate to allow, the full_development of the proposed use in a manner not detrimental to the particular are nor to the peace, he lth, safety and general welfare. The traffic generated by the prop4sed use will not impose an undue burden upon th.e .streets and high ways designed .nd improved to carry the traffic in the rea. -2- 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 rantin said Conditional Use Permit be, and the s: =me is ere y sustained nd that Conditional Use Permit No. 678 be, and the same is hereby, granted permitting the establishment of a service station within 75 feet of a residential structure in an R -A, Agricultural Zone, on the property hereinbefore described, subject to the following conditions: 1. That the owners of subject property shall deed to the City of Anaheim a strip of land 60 feet in width, from the center line of the street, along Katella Avenue for street widening purposes, including 15- foot radius corner returns. 2. (a) That all engineering requirements of the City of Anaheim along Katella, Manchester and Mountain View Avenues, including preparation of improvement ATTEST: plans and installation of all improvements, 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 of said engineering requirements. 3. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot, along Katelia, Manchester and Mountain View Avenues, for street lighting purposes. 4. That the owners of subject property shall pay to the City of Anaheim the sum of 15 per front foot along Katelia, Manchester and Mountain View Avenues, for tree planting purposes. 5. That trash storage areas shall be provided in ac- cordance with approved plans on file in the Office of the Director of Public Works and Superintendent of Streets, prior to final building inspection. 6. That the service station shall be constructed or developed substantially in accordance with City of Anaheim Service Station Minimum Site Development Standards, as amended to fit the irregularly shaped parcel. 7. That a plot plan shall be submitted to and approved by the City Council, prior to the issuance of a building permit. 8. That this Conditional Use Permit is granted subject to the completion of Reclassification Proceedings No. 64 -65 -83 now pending. 9. That Conditions Nos. 1, 2(b), 3 and 4 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 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 6th day of April, 1965. CITY CLERK OF THE CITY OF ANAHEIM -3- 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. 65R was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 6th day of April, 1965, by the following vote of the members thereof: AYES: COUNCILMEN: Peblev, Schutte and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Chandler ABSTAINED: COUNCILMAN: Krein Pro Tem AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 65R• -247 on the 6th day of April, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 6th day of April, 1965. (SEAL) Cx TY CLERK OF THE CITY OF ANAHEIM