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1965-893RESOLUTION NO. _65R -893 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from BYRON A. DAHL and LUETTA F. DAHL, 1600 Crone Avenue, Anaheim, California, to establish a service station within 75 feet of a residential zone, at the intersection of a primary highway and a collector street, on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: The North 150.25 feet of the East 155.25 feet of Lot 4 of the Orchard Park Tract, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 7, page 6 of Miscel- laneous Maps, in the Office of the County Recorder of said County. EXCEPT the northerly 5.25 feet of said North 150.25 feet, conveyed to the City of Anaheim for widening South Street, by deed recorded December 9, 1912 in Book 224, page 110 of Deeds. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application or October 25 19 65_, notices of which said public hearing were du y 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. 1822 Series 1965 -66 denying Conditional Use Permit No _77.4 ;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 den in said conditional use permit and did thereupon fix the 3 day of November 19 65 as the time and the Council Chamber in tie 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 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 deterimental 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 denying said conditional use permit be, and the same is hereby disapproved and that Conditional Use Permit No. 774 be, and the same is hereby, granted permitting the establishment of a service station within 75 feet of a residential zone, at the intersection of a primary highway and a collector street, 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 45 feet in width from the center line of the street, along Harbor Boulevard, for street widening purposes, including a 15 -foot radius corner return. 2. (a) That all engineering requirements of the City of Anaheim along South Street, including preparation of improvement plans and installation of all improve- ments, 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 roperty shall pay to the City of Anaheim the sum of $2.00 per front foot, along Harbor Boulevard and South Street, 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 Harbor Boulevard and South Street, for tree planting purposes. 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 building inspection. 6. That sidewalks shall be installed along Harbor Boule- vard, as required by the City Engineer and in accord- ance with standard plans and specifications on file in the Office of the City Engineer, at the ultimate grade and alignment; and that said sidewalks shall be installed prior to final building inspection. 7. That this conditional use permit is granted subject to the completion of Reclassification Proceedings No. 64 -65 -127 now pending. 8. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibits Nos. 1 through 6, and in accordance with City of Anaheim Service Station Site Development Standards. 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 30th day of November, 1965. ATTEST: CI CLE OF THE Y OF ANAHEIM (SEAL) STATE OF CALIFORNIA COIJNTY OF ORANGE CITY OF ANAHEIM s s. Z, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 65R-893 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 30th day of November, 1965, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley and Schutte ABSENT: COUNCILMEN: Chandler AND ZFDRTB£BCE8TZFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 65B-893 on the 30th day of November, 1965. IN WITNESS WHEREOF, Z have hereunto set my hand and affixed the official seal of the City of Anaheim this 30th day of November, 1965. CI ,CLERK OF THE CITY2OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 65B-893 duly passed and adopted by the Anaheim City Council on November 30, 1965. CITY CLERK