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64-106 RESOLUTION NO. 04R-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 466. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a Conditional Use Permit from RINKER DEVELOPMENT CORPORATION, 10600 KATELLA AVENUE, ANAHEIM, CALIFORNIA, to construct a two-story, multiple family planned residential development, and permitting a waiver of the one-story height limitation on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: PARCEL 1. Lots 1, 2, 23 and 24 of J. D. Taylor Tract, as shown on a Map recorded in Book 5, page 16 of Miscellaneous Maps, records of Orange County, California. Except that portion of said Lots 1 and 2 conveyed to ~he Olive and West Orange Protection District by deed recorded August 27, 1917 in Book 303, page 203 of Deeds. Also except that portion of said Lot 1 described in quitclaim deed executed by Charles J. Biddle and Freda W. Biddle, husband and wife, to Orange County Water District, a corporation, recorded August 21, 1947 in Book 1532, page 529 of Official Records. Also except that portion thereof lying Southerly of the Northerly line of the strip of land described in the deed to Santa Ana Valley Irrigation Company, recorded July 18, 1934 in Book 685, page 255 of Official Records. Also except that .portion 'thereof conveyed to the State of California by deed' recorded September 16, 1954 in Book 2818, page 270 of Official Records. PARCEL 2. That portion of t'he Leandro Serrano Allotment 0'f"'the Rancho Santiago de Santa Ana, described as follows: Beginning at a point in the North line of Lot 1 of J. D. Taylor Tract, as shown on a Map recorded in Book 36, pages 58 to ~0 of Miscellaneous Records of Los Angeles County California, said point being distant South 57° 13~ West 83.85 feet and South 50° 47' West 147.50 feet from t~e most Northeasterly corner of said Lot 1; thence Southwesterly along the Northerly line of Lots 1 and 2 of said J. D. Taylor Tract the following courses and distances; South 50° 47' West 177.50 feet; South 40° 15' West 200.00 feet; South 67° 49' West 264.22 feet to the Northwest corner of said Lot 2; thence North 16° 48' 50" West 125.37 feet along the Northerly extension of the Westerly line of said Lot 2 to the Northerly line of land described in deed to Orange County Water District, recorded March 27, 1941 in Book 1086, page 214 of Official Records; thence North 66° 47' 10" East 595.20 feet to the point of beginning. AND WHEREAS, nhe City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on January 6, 1964, notices of which said -1- 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, inves- tigation 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. 1011 Series 1963-64, denying Conditional Use Permit No. 466; and WHEREAS, thereafter, within twenty-two (22) days from the date of the adoption of said resolution, the City Council did elect, upon its own motion, to review the action of the City Planning Commission in denying said Conditional Use Permit and did thereupon fix the llth day of February, 1964, as the time and the Council Chamber in the City Hall of the City of Anaheim as the place for a public hearing upon said Conditional Use Permit, 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 Cod e; and WHEREAS, at the time and place fixed for said public hearzng, the City Council did duly hold and conduct such hear- ing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, tL~e City Council finds, after careful con- sideration of the recommendations of the City Planning Commis- sion and all evidence and reports offered at said hearing, that: · The 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 development of the area in which it is proposed to be located. · The size and shape of the site proposed for the use is adequate to allow ti~e full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. ® The traffic generated by the proposed use will not impose an undue burden upon the streets and high- ways designed and improved to carry the traffic in the area. · 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 Com- mission denying said Conditional Use Permit be, and the same is hereby disapproved, and that Conditional Use Permit No. 466 be, and the same is hereby, granted permitting the construction of a two-story, multiple family planned residential development and a waiver of the one-story height limitation on the property -2- hereinbefore described, subject to the following conditions: i · That the owner of subject property shall pay to the City of Anaheim the sum of $25.00 per dwelling unit, to be used for park and recreation purposes, said amount to be paid at the time the building permit is issued. · 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. · That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department, said fire hydrants to be installed prior to final building inspection. · That the specific building setback and distance between buildings requirements of the R-3 Zone shall be waived, upon condition that such setbacks and distances between buildings are approved in con- junction with the approval of building plans, and that building plans shall be submitted to and ap- proved by the City Council prior to the issuance of a building permit. · That a six-foot masonry wall shall be constructed around the perimeter of the project covered by Condi- tional Use Permit No. 465 and by this Conditional Use Permit (No. 466), prior to final building in- spection. · That tree wells shall be provided at approximately 40-foot intervals in the Batavia Street parkway and all proposed street parkways abutting subject property; that plans for said tree wells and the plantings therein shall be submitted to and approved by the Superintendent of Parkway Maintenance; and that said tree wells shall be planted with trees prior to final building inspection, or the sum of fifteen cents (15¢) per front foot for parkway planting paid to the City at the time the building permit is issued. · That all carports and garages shall be at least 10 feet by 20 feet. · That a modified cul-de-sac shall be constructed at the west stub end of Addington Drive as required and approved by the City Engineer. · That this Conditional Use Permit is granted subject to the completion of Reclassification Proceedings No. 63-64-21 now pending. The City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owner, its heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions herein. -3- THE FOREGOING RESOLUTION is approved and sisned by me this llth day of February,~L~ :~OR/ OF THE CITY OF ANAHEIM ATTEST: DF. NE M. WILLIAMS, CIIY CLERK 'dITY CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF ANAHEIM ) ss. 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 tae llth day of February, 1964, by the follow- ing vote of thm members thereof: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons 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 llth day ok~ February, 1964. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this llth day of February, 1964. DENE M. WILLIAMS CITY' C'~E'RK ~OF THE ciTY OF AN~E'iM" Deputy City Clerk -4-