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HomeMy WebLinkAboutCC Reso No 1965-1174 i .J C' RESOLUTION NO. J 174 ---'~"-"""-"~- RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF ELSINORE, CALIFORNIA, GRANTING A CONDITIONAL USE PERMIT TO CHARLES COYE AND T. H. PASCHAL UPON CERTAIN TERMS AND CONDITIONS IN ACCORDANCE WITH SECTION 16 OF ORDINANCE NO. 349 BE IT RESOLVED by the Mayor and City Council of the City of Elsinore as follows: WHEREAS, CHARLES COYE and T. H. PASCHAL have heretofore filed a petition with the City of Elsinore, California, requesting a conditional use permit or a conditional exception in connection with certain real property located in the City of Elsinore, County of Riverside, State of California, and more particularly described as follows: SW 1/4 of NE 1/4, Section 4, T6S, R4W. WHEREAS, said real property is owned by the TEMESCAL WATER COMPANY, a corporation; and WHEREAS, it has been represented to the City by said applicants and also by said TEMESCAL WATER COMPANY that in the event a conditional use permit or exception is granted to the appli- cants, said parties will enter into a leas~ wherein said applicants will be the lessee and said TEMESCAL HATER COMPANY \vill be lessor, and wherein the lessee intends to conduct a jeep and motorcycle raceway upon said property; and WHEREAS, the above described real property is presently located in an R-l zone (one-family residential district); and WHEREAS, said applicants desire to conduct the activities as hereinabove set forth upon said real property; and WHEREAS, the City Planning Commission, after giving legal notice of said hearing, did consider the facts and circum- stances in connection with said application; and -1- WHEREAS, the City Planning Commission and the Mayor and City Council find that there are exceptional or extraordinary cir- cumstances or conditions applicable to the land and premises involved or to the intended use of the same that do not apply generally to the property or class of uses in the same district and that such conditional exception is necessary for the enjoyment of substantial property rights, and that the granting of such conditional exception will not be materially detrimental to the public health, safety and welfare, or injurious to the land, property or improvements in the neighborhood of the property, and that the applicants are willing and able to carry out the purposes for which the conditional exception is sought, and the owner of said property, to-wit, TEMESCAL WATER COMPANY, agrees to the con- ditions as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED that the said applicants are hereby granted a conditional exception or permit to use said property upon the terms and conditions as hereinafter set forth: 1. The applicants shall have a good and valid lease with the owner of said property, to-wit, TEMESCAL WATER COMPANY. An executed copy of said lease shall be filed with the City Clerk. 2. Any structures or buildings or improvements shall be in accordance with a plan submitted to the City of Elsinore for its approval prior to the construction of same on said land. All buildings and improvements shall comply with all ordinances of the City of Elsinore. 3. All activities conducted upon said property shall be in conformity with all state laws and all ordinances of the City of Elsinore. Nothing contained herein shall be construed as an approval by the City of Elsinore or any of its officers of the manner or mode of conducting said activities nor shall the City of Elsinore be liable for darna ges or in any other manner for a oy of the activities conducted upon said real property. -2- 4, This conditional use permit or exception is granted for a period of one (1) years from the date of this resolution, provided, however, that the City of Elsinore at any time during said one-year term may cancel said conditional use permit for any reason whatsoever and without prior notice to the applicants, The applicants and the TEMESCAL WATER COMPANY, a corporation, shall agree to hold the City of Elsinore harmless from any claims, debts, liabilities or judgments of any nature or kind in connection with the use of said property for the purposes as hereinabove set forth; and before this resolution shall be effective, said applicants and the TEMESCAL WATER COMPANY shall file with the City Clerk a letter or memorandum agreeing to the provisions contained herein" Nothing contained herein shall be construed in any manner as imposing any liability upon said City for any of the activities conducted upon said land or in any way or manner approving said activities except as to the granting of a conditional use permit in accordance with the applicable zoning ordinance. PASSED AND ADOPTED by the Mayor and City Council of the City of Elsinore, California, this __..?3..uLt..____.day of August,1965, and signed by the Mayor and attested to by the City Clerk this 23rd da.y of August, 1965, s/TbQma~ Ch Bartlett Mayor of t e City of Elsinore ATTEST: stF1o(ene Marsha 11 City Clerk of the City of Elsinore -3-