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1965-805RESOLUTION NO. 69R -805 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 761 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application from HOMER C. GUTTRIDGE, 1127 S. Harbor Boulevard, Anaheim, California, for a conditional use permit to establish an automobile service station in a Com- mercial Recreation Area within 75 feet of a residential structure in an R -A, Agricultural Zone, and permitting waivers of the maxi- mum height and maximum number of free standing signs, on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: That portion of lot 28 of Anaheim Extension, in the City of Anaheim, county of Orange, State of California, as shown on a map of survey made by William Hamel and filed in the office of the county recorder of Los Angeles County, California, a copy of which is shown in book 3 page 163, et seq., entitled "Los Angeles County Maps" in the office of the county recorder of said Orange County, described as follows: Beginning at a point on the South line of said lot, South 89 46 30" West 311.96 feet from the southeast corner of said lot, said point being the intersection of the North line of a 60.00 foot road, known as Ball Road, and the center line of Harbor Boulevard, as said boulevard was surveyed and improved in 1930; thence South 89 46' 30" West 159.36 feet along the South line of said lot to the southeast corner of the land described in the deed to Juanita V. L. Ehlers, recorded December 14, 1939 in book 1025 page 114 of Official Records; thence northerly along the East line of said land of Ehlers to the North line, or its westerly prolongation, of the most southerly 1.00 acre parcel marked 'Homer C. Guttridge" on a map filed in book 10 page 38 of Record of Surveys in the office of the county recor- der of said Orange County; thence North 89 46' 30" East along said North line and the easterly prolongation thereof to the center line of said Harbor Boulevard; thence South 11 07' 30" West to the point of beginning. For the purpose of this description, the lot lines of lot 28 are assumed to be the side lines of a 49.50 foot street, known as Palm Street, and of a 60.00 foot road, known as Ball Road. 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 27 19 65 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. 1785 Series 1965 -66 granting Conditional Use Permit No. 761 in part, subiect to certain conditions therein set forth 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 grartLng inpart, said Conditional Use Permit and said appeal was set for public hearing on Nve ber 2 1965 at the City Hall, in the City of u p Anahe and notices of sublic 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 lace fixed for said public hearing, the City Council did duly h old 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, thi:t o 1. T4e proposed use is properly one for which a Conditional Use Permit is authorized 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. 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 i proved to carry the traffic in the rea. 5. The granting g 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 raptinz said Conditional U.° a Permit be, and the same is here gustairied and thae►t Conditional Use Permit No. 761 be, and the same is herby, granted permitting the establishment of an automobile service station in a Commercial Recreation Area within 75 feet of a residential in an R -A, Agricultural Zone, on the property here inbefore described; permitting a waiver of the maximum height limitation of a free standing sign adjacent to residential property, for the sign to be located at the rear of the above described property; and permitting a waiver of the maximum number of free standing signs allowed, to permit the erection of an additional free standing sign, not to exceed a height of 25 feet, on the frontage of the above described property. All other signs installed on subject property shall be in conformance with Code requirements. BE IT FURTHER RESOLVED that said Conditional Use Permit No. 761 be, and the same is hereby granted subject to the following conditions: 1. That the owner of subject property shall deed to the City of Anaheim a strip of land 53 feet in width, from the center line of the street, along Harbor Boulevard and along Ball Road, for street widening purposes, including a 25 -foot radius corner return. 2. (a) That all engineering requirements of the City of Anaheim along Harbor Boulevard and Ball Road, including preparation of improvement plans and instal- lation of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage faci- lities, or other appurtenant work shall be complied with as required by the City Engineer and in accord- ance 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 owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot, along Harbor Boulevard and Ball Road, for street light- ing purposes. 4. That the owner of subject property shall pay to the City of Anaheim the sum of 15c per front foot along Harbor Boulevard and Ball Road, for tree planting purposes. 5. 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 inspection. 6. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibits Nos. 1, 2, 3 and 4, for the service station. 7. That Conditions Nos. 1, 2(b), 3 and 4 above mentioned shall be complied with prior to the issuance of a building permit or within a period of 180 days from date hereof, whichever occurs first, 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 owner, his heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions herein. -3- ATTEST: (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ss. -4- THE FOREGOING RESOLUTION is approved and signed by me this 2nd d of November, 19 65 MAYOR 0 T CITY F 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 2nd day of November 19 65 by the follow- ing vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 2nd day of November 19,65 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of November 1965 27 --Th I CLERK OF THE CITY OF NAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 65R -805 duly passed and adopted by the Anaheim City Council on November 2, 1965. CITY CLERK