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630-971RESOLUTION No. A RESOLUTION OF THE CITY CITY OF ANAHEIM GRANTING PERMIT NO. 470. 63R -971 COUNCIL OF THE CONDITIONAL USE WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a Conditional Use Permit from FRANK W. SACKETT and EDITH ROSE SACKETT, Owners, and L. G. S. CORPORATION, Lessee, 2120 South Main Street, Santa Ana, California, to permit the construction of a 3 -story apartment complex and permitting a waiver of the 1 -story height limitation, a waiver of the minimum off street parking requirement of 1k parking spaces per dwelling unit in a garage and a waiver of the parking stall size to permit underground parking, on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: That portion of lot 35 of Anaheim Extension in the City of Anaheim, as shown on a map of survey made by William Hamel, and filed for record in the Office of the County Recorder of Los Angeles County, California, and being a portion of the southerly five and one -half acres thereof, described as follows: Commencing at a stake marked W.N.H. and H.C.K. on the South line of section nine, in Township 4 South, Range 10 West, San Bernardino Base and Meridian, the same being the southwest corner of a 20 acre tract of land sold by D.W.C. Cowan to Dr. William N. Hardin, by deed recorded in Book 34, Page 457, deeds, records of Los Angeles County, California, running thence North, 1024.0 feet, more or less, to an old corner post marked H.C.K.; thence East 363.7 feet; thence South, 1024.0 feet, more or less, to the South line of said section nine; thence West, 363.7 feet to the point of beginning. EXCEPTING THEREFROM, that portion as granted to the State of California, by deed recorded February 3, 1956, in the Count Re Official County Office County, described as of t y follows: Beginning at a 4 inch by 4 inch redwood stake on the South line of said section nine, 2948.88 feet East of the southwest corner of said section; thence North 1 6' 10" West, 184.40 feet; thence South 86 48' 50" East, 58.78 feet; thence South 56 30' 38" East, 70.45 feet; thence South 24 31' 2" East 98.06 feet; thence South 1 7' 50" East 50.00 feet to a point on the South line of said section; thence along said South line, g South 88 10" South1 net' South9 feet; thence '50West feet sai to the point of beginning. ALSO EXCEPTING THEREFROM, that portion described as follows: Beginning at an old corner post marked H.C.K.; running thence East, 363.7 feet; thence South, 365.30 feet; thence West 363.7 feet; thence North, 365.30 feet to the point of beginning. ALSO EXCEPTING THEREFROM that portion lying south- erly and westerly of the following described line: Beginning at a point lying South 703.30 feet from an old corner post marked H.C.K.; running thence East, 140.0 feet; thence South 14.00 feet; thence East, 223.7 feet to a point, said point being East, 363.7 feet and South, 717.30 feet from said old corner post. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on September 16, 1963, 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. 903 Series 1963 -64, granting Conditional Use Permit No. 470, subject to certain conditions therein set forth; 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 GRANTING said Conditional Use Permit and did thereupon fix the 29th day of October, 1963, as the time and the Council Chamber in the City Hall of the City of Anaheim as the place for a public hearing uponsaid Conditional Use Permit, and notices of such public of hearing Title 18r by law and the provisions 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 consi- deration 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 used in a manner not detrimental to health, particular area nor to the peace, safety and general welfare. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designedald 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. -2- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commis- sion granting said Conditional Use Permit be, and the same is hereby sustained on the property hereinbefore described only, action on an additional parcel of property included in said Con- ditional Use Permit having been taken by the City Council in Resolution No. 63R -867, and that Conditional Use Permit No. 470 be and the same is hereby granted permitting the construction of a 3 -story apartment complex, a waiver of the minimum off street parking requirement of 1k parking spaces per dwelling unit in a garage, and a waiver of the parking stall size requirement to permit underground parking, on the property hereinbefore des- cribed, subject to the following conditions: 1. That the owners 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. 2. That trash storage areas shall be provided in ac- cordance with approved plans on file in the Office of the Director of Public Works and Superintendent of Streets, prior to final building inspection. 3. 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. 4. That a final tract map of subject property shall be recorded in the Office of the Orange County Recorder. 5. That subject property shall be developed substan- tially in accordance with approved drawings on file with the City of Anaheim, marked "Exhibit No. 1, Revision No. 3," stamped and approved this date; but such development shall be subject also to review of complete detailed elevation and construction plans by the Development Review Board, prior to the issuance of a building permit. 6. That tree wells shall be provided at approximately 40 -foot intervals in the Diamond and Pearl Streets parkways, and in the proposed new street parkways on the westerly property line, 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. 7. That this Conditional Use Permit is granted subject to the completion of Reclassification Proceedings No. 63 -64 -30 now pending on subject property. 8. That the property described and acted on in this reso- lution and the property described and acted on in Resolution No. 63R -867 shall be developed as a single development; that all phases shall be developed con- currently, and that construction on the R -3, Multiple Family Residential Development shall commence prior to final building inspection of the C -1, Neighborhood Commercial Development, as stipulated by the petitioners The City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owner s their heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the condition(s) herein. by me this 10th FOREGOING of RESOLUTION December approved 19 63 signed ATTEST: C Y CLE OF HE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Anaheim, do hereby certify that the was passed and adopted at a (SEAL) COUNCILMEN: COUNCILMEN: None. ABSENT: COUNCILMEN: Schutte. YOR OF TH C OF `I AHEIM Clerk of the City of foregoing resolution regular the 10th day of follows g o te of the meeting of the City Council held on December 19 63 by the members thereof: AYES: Dutton, Chandler, Krein and Coons. NOES: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 10th day of December 19 63 IN WITNESS WHEREOF, I have hereunto set and affixed the seal of the City of Anaheim this day of December 19 63 my hand 10th 7 i CI Y CLER OF THE CITY OF ANAHEIM