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78-414RESOLUTION NO. 78g-414 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT _ NO. 181 r, . WHEREAS, the City Planning Commission of the Cite of Anaheim did receive an application for a conditional use permit from E. 0. RODEFFER, owner; and HARRY C. SCHREY, agent, to permit a racquetball facility upon the property situated in the State of California, County of Orange, City of Anaheim, described as follows: That portion of the West half of the Northeast quarter of Section 1, Township 4 South, Range 11 West, in Rancho Los Coyotes, in the City of Anaheim, acquired by the State of California, by Parcel 1 of Deed 1281, recorded in book 3875, page 95 of Official Records in the office of the County Recorder of said County, bounded Southerly and Southeasterly by the following described line: Beginning at the Southerly terminus of that certain course having a bearing and distance of South 0 36' 50" East, 86.05 feet, as shown in the Easterly line of Parcel 1 of a map recorded on May 19, 1970 in State Highway Map Book No. 7, pages 37 to 39 inclusive, Records of Orange County; thence North 89 23' 10" East, 37.85 feet; thence North 64 36' 21" East, 198.89 feet to the South- westerly line of that certain parcel of land acquired by the State of California by Deed 1277, recorded in book 3571, page 398 of said Official Records; and bounded Westerly by said Easterly line of Parcel 1 of said map and the Northerly prolonga- tion thereof. -1- ATTY - 26 (Page 1 of 3 pages) WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as re- quired by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investi- gation 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. 7 8R-57 . granting Conditional Use Permit No.1 and T WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; 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 consider- ation of the recommendations 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 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 detrimental to the particular,area nor to the peace, health, safety and general welfare. 4. The traffic generated by the proposed use will not im- pose an undue burden upon the streets and highways 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 Commission _ said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 1815 be, and the same is hereby, granted permitting a racquetball facility on the aforedescribed property, subject to the following conditions: 2- ATTY -26 (Page 2 of 2 Pages) 1. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 77- 78 -53, now pending. 2. That subject property shall be developed sub- stantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 3. That Condition No. 1, above- mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 4. That Condition No. 2, above- mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that Resolution No. 78R -341 be, and the same is hereby, declared null and void. 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. the City 1978. ATTEST: THE FOREGOING RESOLUTION is approved and adopted by Council of the City of Anaheim this 27th day of June, CITY CLERK OF THE CITY OF ANAHEIM JLW: j -3- STATE Of CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 78R- 414 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 27th day of June, 1978; by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kott, Roth and Seymour NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 78R -414 on the 27th day of June, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of June, 1978. CITY CLERK OF THE CI OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 78R -414 duly passed and adopted by the Anaheim City Council on June 27, 1978. CITY CLERK