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83R-460 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I. LINDA D. ROBERTS. City C~erk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 83R-460 was introduced and adopted at a regular meeting provided by law. of. the City Council of the City of Anaheim held on the 29th day of November, 1983, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Bay. Overholt. Pickler and Roth NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-460 on the 29th day of November. 1983. IN WITNESS WHEREOF, I have rereunto set my hand and affixed the seal of the City of Anaheim this 29th day of November. 1983. ~; ~../~ CIT 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 origin~l of Resolution No. 83R-460 duly passed and adopted by the Anaheim City Council on November 29, 1983. ~~ .._-~.<-,..,;_.> -- -- RESOLUTION NO. 83R-460 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO . 2 5 0 0 . WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code from FRANK RAYMOND ADDIS and SHARON ANN BARTH, owners, to permit a 20-unit senior citizens apartment complex with a waiver of certain required off-street parking spaces upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: ORIGINAL BUILDING LOT 15, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 4 PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPT THE EASTERLY 50.25 FEET THEREOF. EXCEPT THE INTEREST IN THE NORTHERLY 10 FEET AND THE WESTERLY 20 FEET AS RESERVED FOR ALLEY PURPOSES BY THE CITY OF ANAHEIM, IN DEED RECORDED DECEMBER 21, 1922, IN BOOK 445 PAGE 305, DEEDS AND AS EXCEPTED AND RESERVED IN OTHER DEEDS OF RECORD; and 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 required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, s~id 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 adQpt its Resolution No. PC83-185 granting Conditional Use Permit No. 2500; and 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 consi- deration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: ""~...,~.,."""",,...._- I. 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- ing 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 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 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. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: I. The varianCe(s) will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance(s) under the conditions imposed will not be detrimental to the peace, health, safety or 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, for the reasons hereinabove stated, the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2500 be, and the same is hereby, granted permitting a 20-unit senior citizens apartment complex on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTION 18.06.050.013 Minimum number and type of parking spaces. (16 covered spaces required; II spaces: 5 covered and 6 open proposed) subject to the following conditions: -2- - 1. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 2. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for each new dwelling unit. 3. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 4. That the owner of subject property shall execute and record a covenant against the property restricting occupancy of the apartment units to at least one person 55 years of age or older. 5. That the developer shall obtain (by Ordinance) a parking prohibition on the north side of Cypress Street adjacent to subject property as required by the Streets and Sanitation Department to allow for safe trash collection. 6. That subject property shall be developed substantially in accordance with p~ans and specifications on file with the City of Anaheim marked Exhibit Nos. I through 3, including a six-foot (6') high masonry block wall along the east property line of the subject property. 7. That prior to the commencement of the activity authorized under thi$ resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 4 and 5, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Sect~on 18.03.090 of the Anaheim Municipal Code. 8. That prior to final building and zoning inspections, Condition Nos. 3 and 6, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the i~~~.council of the City of Anaheim this ~~~~:;r~ MAYOR~E CITY~~HEIM ATTEST: ~~ANAHEIM JLW : fm 1936M 1/11/84 -3-