1962-0172RESOLUTION NO. 62R -172
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING CONDITIONAL USE
PERMIT NO. 195.
WHEREAS, the City Planning Commission of the City
of Anaheim did receive a request for a Conditional Use Permit
from Sam Nakamura, 2793 Ball Road, Anaheim, California, to
establish and operate a "Drive -thru" (Jack -in- the -Box) Restau-
rant on the following described property situated in the City
of Anaheim, County of Orange, State of California, to wit:
The West 135.00 feet of the South 365.00
feet of the West half of the Southwest
quarter of the Southeast quarter of Section
13, Township 4 South, Range 11 West, in the
Rancho Los Coyotes, as said section is
shown on a Map recorded in Book 51, page 11
of Miscellaneous Maps, records of Orange
County, California.
EXCEPT the North 175.00 feet thereof.
AND WHEREAS, the City Planning Commission did hold
a public hearing at the City Hall in the City of Anaheim upon
said application on January 22, 1962, 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. 210 Series
1961 -62, denying Conditional Use Permit No. 195; 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 denying said Conditional
Use Permit, and said appeal was set for public hearing on
February 20, 1962, at the City Hall, in the City of Anaheim,
and notices of such public hearing were duly given as re-
quired 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 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 con-
sideration of the recommendations of the City Planning Com-
mission 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 adjoin&ng land uses and the growth and
3. The size and shape of the site proposed for
the use is adequate to allow the full develop-
ment of the proposed use in a manner not
detrimental to the particular area not 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 improved
to carry the traffic in the area.
development of the area in which it is
proposed to be located.
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 denying said Conditional Use Permit be, and the
same is hereby disapproved, and that Conditional Use Permit
No. 195 be, and the same is, hereby granted permitting the
establishment and operation of a "Drive -thru (Jack- in --the-
Box) Restaurant on the property hereinabove described subject
to the following conditions:
1. That subject property shall be developed sub-
stantially in conformance with the plans this
day presented to the City Council and on file
with the City of Anaheim, it being noted that
the plans indicate 13 parking spaces which are
approved and considered sufficient by the City
Council for this operation.
2. 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
Ball Road for street widening purposes, and shall
also deed to the City of Anaheim a strip of land
45 feet in width, from the'center line of the
street, along, Dale Avenue for street widening
purposes.
3. (a) That all engineering requirements of the City
of Anaheim, along Bali Road and Dale Avenue, such
as curbs and gutters, sidewalks, street grading
and paving, drainage facilities, or other appur-
tenant 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.
4. That the owner of subject property shall pay to
the City of Anaheim the sum of $2.00 per front
foot, along Bali Road and Dale Avenue, for
street lighting purposes.
-2-
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 FOREGOING RESOLUTION is approved and signed
by me this 20th day of February, 1962.
MAY R OF HE CI W OF ANAHEIM
ATTEST:
CI°Y CLERK OF' THE CIOF ANAHEIM
SEAL)
That adequate areas for trash storage, accessible
to trash -truck pickup, shall be provided as de-
termined and required by the Street Maintenance
and Sanitation Divison of the Public Works Depart-
ment, which areas shall be enclosed with a solid
fence or wail prior to final building inspection.
6. That Conditions Nos. 2, 3(b) and 4, above mentioned,
shall be complied with within 180 days from date
hereof, or such further time as the City Council
may grant.
STATE OF CA.L I FORN IA
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 was passed and
adopted at a regular meeting of the City Council held on the
20th day of February, 1962, by the following vote of the members
thereof:
AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson
and Schutte.
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 20th day
of February, 1962.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City_of Anaheim this 20th day of
February, 1962.
CI CLE' HE O_ `ELM