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63-0967RESOLUTION NO. 63R -967 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 490 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application from DOYLE SHIELDS, 831 South Manchester Avenue, Anaheim, California, for a Conditional Use Permit to subdivide an approved planned residential develop- ment and permitting a waiver of the lot area and lot dimensions requirements, and a waiver of the yard requirements and regula- tions on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: Lots 17 and 18 of the P. A. Stanton Tract, in the City of Anaheim, County of Orange, State of California, as per map recorded in book 5, pages 23 and 24 of Miscellaneous Maps, in the office of the county recorder of said county. EXCEPT that portion of said lot 17 included within the following described lines: Beginning at a point on the westerly line of Section 19, Township 4 South, Range 10 West, in the Rancho Los Coyotes, as per map recorded in Book 51, Page 10 of Miscellaneous Maps, South 0 38' 40 East 441.50 feet from the Northwest corner of said section; thence North 89 14' 54" East 572.84 feet to the west line of Lot 14 in said P. A. Stanton Tract; thence South 08 38 40" East 345 feet along the west line of lots 14 and 15 in said P. A. Stanton Tract; thence South 89 14' 54" West 572.84 feet to the West line of said section; thence North 0 38' 40" West 345.00 feet to the point of beginning. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on October 28 19 63 T notices of which said public hearing were duly given as equi rred 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. 948 Series 1963 -64 denying Conditional Use Permit No. 490 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 dewing said Conditional Use Permit and said appeal was set for public hearing on December 3 19 63 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 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. 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 develop- ment 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commis- sion denying said Conditional Use Permit be, and the same is hereby disapproved and that Conditional Use Permit No. 490 be, and the same is hereby, granted permitting the subdivision of an approved planned residential development, and a waiver of the lot area and lot dimensions requirements and the yard requirements and regulations on the hereinabove described property, subject to the following conditions: 1. That this Conditional Use Permit is granted subject to the approval of a final tract map of subject property by the City Council and to the recordation thereof in the Office of the Orange County Recorder. 2. That all vehicular access rights to Magnolia Avenue, except at street and /or alley openings, shall be dedicated to the City of Anaheim. 3. 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. 4. That trash storage areas shall be provided in accordance with approved plans on file in the Office of the Director of Public Works and Superintendent of Streets, prior to final building inspection. 5. 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. 6. That a six -foot masonry wall shall be constructed along the north and east property lines, prior to final building inspection. 7. That five by five -foot tree wells shall be provided at approximatdly 50 -foot intervals along the north and east parkways of the proposed streets abutting subject property on the North and east sides; that plans for said tree wells and the landscaping therein shall be submitted to and approved by the Superintendent of Parkway Maintenance; and that said tree wells shall be planted prior to final building inspection. The City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of owner, its 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 3rd day of December, 1963. ATTEST: I Y mo t' n� F EDIT OF ANAHEIM OR OF THE CITY OF ANAHEIM