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1962-0788RESOLUTION NO. 62R -788 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING COND IT; ZONAL USE PERMIT NO. 254. WHEREAS, the City Planning Commission of the City of Anaheim did receive a request for a Conditional Use Permit from CARL G HAYS, WILLIAM A. HUTTON and JESSE N. HAYS, 323 East Ball Road, Anaheim, ,California, to construct and operate a service station on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: That portion of the Northeast quarter of the Northwest quarter of Section 22, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as shown on a Map recorded in Book 51, page 10 c ,f Miscellaneous Maps, records of Orange County, California, described as follows: Beginning at the intersection of the center line of Ball Road with the center line of Harbor Boulevard; thence Westerly along said center line of Ball Road a distance of 178.00 feet; thence Southerly parallel with the center line of Harbor Boulevard a distance of 178.00 feet; thence Easterly parallel with the center line of Ball Road a distance of 178.00 feet to the center line of Harbor Boulevard; thence Northerly along the center line of Harbor Boulevard a distance of 178.00 feet to the point of beginning. EXCEPTING THEREFROM the Easterly 30.00 feet. ALSO EXCEPTING THEREFROM that portion of said land conveyed to the State of California by a deed recorded December 24, 1954 in Book 2905, page 419 of Official Records. ALSO EXCEPTING THEREFROM that portion of said land conveyed to the State of California by a deed recorded November 5, 1956 in Book 3699, page 263 of Official Records. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on July 9, 1962, notices of which said public hearing were duly giver: 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, investigation 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. 391--Series 1962 -63, granting Conditional Use Permit No. 254, subject 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 granting said Conditional Use Permit, STATE OF CALIFORNIA 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 No.62R -788 was adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 28th day of Ausust, 1962, by the following vote of the members thereof: AYES: COUNCILMEN: CHANDLER, Krein and Coons. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Dutton and Schutte. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No.62R -788 on the 28th day of August, 1962, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of August, 1962. CITY CLERK OF THE CITY OF ANAHEIM and said appeal was set for public hearing on Augustl4, 1962, at the City Hall, in the City of Anaheim, 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 hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports and did close said hearing and defer action to this date; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. That 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 develop- ment 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 improved to carry the traffic in the area. 5. The granting of the Conditional Use "'emit 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 granting said Conditional Use Permit be, and the same is hereby, sustained, and that Conditional Use Permit No. 254 be, and the same is, hereby granted permitting the construction and operation of a service station on the property hereinabove described subject to the following conditions: 1. That the owners 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. 2. That the owners 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 for street widening purposes. -2- ATTEST: 3. (a) That all engineering requirements of the City of Anaheim along Bali Road and Harbor Boulevard such as curbs and gutters, side- walks, 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. I+.. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot, along Ball Road and Harbor Boulevard, for street lighting purposes. 5. That masonry walls shall be constructed as shown on the sketch drawing marked "Exhibit 1 -A," dated August 28, 1962, signed by Mayor Coons, and on file with the City of Anaheim. 6. That subject property shall be developed sub- stantially in accordance with plans marked "Exhibit 1," as amended by Exhibit "i -A," which plans are on file with the City of Anaheim. 7. That the owners of subject property shall post the driveway onto Ball Road with a sign reading, Right Turn Only." 8. That Conditions Nos. 1, 2, 3(b) 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 ap•oved and signed by me this 28th day of August, 1962. Q L Ci� c .Cr -t vL. -:sc I¥ L O C TY OF ANA E IM 4 f AVe0(/ O' OF TH I OF A1Ai STATE OF CALIFORNIA 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 No. 62R -788 was introduced and adopted at a regular meeting provided by law, of the City Council of.the City of Anaheim, held on the 28th day of August, 1962, by the following vote of the members thereof: AYES: COUNCILMEN: Chandler, Krein and Coons. NOES: COUNCILMEN: None, ABSENT: COUNCILMEN: Dutton and Schutte. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 62R -788 on the 28th day of August, 1962. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of -the City of Anaheim this 28th day of August, 1962. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM