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63-0263RESOLUTION NO. 63R -263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 372. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application from Jerry Victor Maler, Frank A. Shea and Eleanor T. Shea, 215 South Gilbert Street, Anaheim, California, for a Conditional Use Permit to construct a sports recreation center, including bowling, swimming, archery, skeet, billiards, ice skating and miniature golf, and to construct a 5 -story hotel with related service shops and stores, a child's nursery, health club, restaurant, cocktail lounge (including dancing), banquet facilities, bank and service station, on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: PARCEL 1: Beginning at a point in the Easterly line of said Tract No. 613, said point being 891.38 feet South 7 15' East from the Northeast corner of said Tract 613 (said corner being in the center line of Placentia -Yorba Boulevard); running thence South 7 15' East 355.62 feet to the South- east corner of said Tract 613; thence South 73 12' West 684.56 feet along the Southerly line of said Tract 613 to the Southern terminus of a line described as follows: Beginning at a point located 685.30 feet North 87 19' West and 278.34 feet South 7 15' East from the Northeast corner of said Tract 613, running thence South 7 15' East parallel to the Easterly line of said Tract 613, to a point in the Southerly line thereof; thence North 7 15 West 587.40 feet along said described line; thence South 87 19' East 685.30 feet to point of beginning; Excepting therefrom the Southerly 20 feet as conveyed to the County of Orange for road purposes by deed recorded February 24, 1926 in Book 626, page 387 of Deeds. PARCEL 2: Beginning at a point in the South line of said Tract 613, said point being 827.04 feet North 73 12' East from the Southwest corner of said Tract 613; running thence North 7 15' West 1208.11 feet to a point in a line described as follows: Beginning at a point located 685.30 feet North 87 19' West and 278.34 feet South 7 15' East from the Northeast corner of said Tract 613, running thence South 75 20' West to a point in the Westerly line of said Tract 613, said point being 570.00 feet South 18 11' West from the most Northwest corner of said Tract 613; thence North 75 20' East 202.59 feet along the said described line to its Eastern terminus; thence South 7 15' East 1200.44 feet along a line described as follows: Beginning at a point located 685.30 feet North 87 19' West and 278.34 feet South 7 15' East from the Northeast corner of said Tract 613, running thence South 7 15' East parallel to the Easterly line of said Tract 613, to a point in the Southerly line thereof; thence South 73 12' West 203.72 feet to the point of beginning; Excepting therefrom the Southerly 20 feet as conveyed to the County of Orange for road purposes by deed re- corded February 24, 1926 in Book 626, page 387 of Deeds. PARCEL 3: Beginning at a point in the South line of said Tract 613, said point being 624.54 feet North 73 12' East from the Southwest corner of said Tract 613; running thence North 7 15' West 1215.70 feet to a point in a line described as follows: Beginning at a point located 685.30 feet North 87 19' West and 278.34 feet South 7 15' East from the North- east corner of said Tract 613, running thence South 75 20' West to a point in the Westerly line of said Tract 613, said point being 570.00 feet South 18 11' West from the most Northwest corner of said Tract 613; thence North 75 20' East 201.38 feet, along the said described line; thence South 7 15' East 1208.11 feet to a point in the South line of said Tract 613; thence South 73 12' West 202.50 feet to the point of beginning; Excepting therefrom the Southerly 20 feet, as conveyed to the County of Orange, for road purposes, by deed re- corded February 24, 1926 in Book 626, page 387 of Deeds. PARCEL 4: Beginning at a point in the Easterly line of said Tract No. 613, said point being 459.38 feet South 7 15' East from the Northeast corner of said Tract No. 613 (said corner being in the center line of Placentia -Yorba Boule- vard); running thence South 7 15' East 432.00 feet along said Easterly line; thence North 87 19' West 685.30 feet to a point in a line described as follows: Beginning at a point located 685.30 feet North 87 19' West and 278.34 feet South 7 15' East from the Northeast corner of said Tract No. 613; running thence South 7 15' East parallel to the Easterly line of said Tract No. 613 to a point in the Southerly line thereof; thence North 7° 15' West 432.00 feet along said described line; thence South 87 19' East 685.30 feet to the point of beginning. PARCEL 5: Beginning at a point in the South line of said Tract No. 613, said point being 423.36 feet North 73 12' East from the Southwest corner of said Tract No. 613; running thence North 7 15' West 1223.20 feet to a point in a line des- cribed as follows: Beginning at a point located 685.30 feet North 87 19' West and 278.34 feet South 7 15' East from the Northeast corner of said Tract No. 613; running thence South 75 20' West to a point in the Westerly line of said Tract No. 613, said point being 570.00 feet South 18 11' West from the most Northwest corner of said Tract No. 613; thence North 75 20' East 200.07 feet along the said 2 described line; thence South 7 15' East 1215.70 feet to a point in the South line of said Tract No. 613; thence South 73 12' West 201.18 feet to the point of beginning; Excepting therefrom the Southerly 20 feet, as conveyed to the County of Orange, for road purposes by deed re- corded February 24, 1926 in Book 626, page 387 of Deeds. PARCEL 6: Beginning at a point in the North line of said Tract No. 613 (said North line being the center line of Placentia -Yorba Boulevard); said point being 685.30 feet North 87 19' West from the Northeast corner of said Tract No. 613; running thence South 87 19' East 685.30 feet along said North line to the said Northeast corner; thence South 7 15' East 459.38 feet along Easterly line of said Tract No. 613; thence North 87 19' West 685.30 feet to a point in a line described as follows: Beginning at a point located 685.30 feet North 87 19' West and 278.34 feet South 7° 15' East from the North- east corner of said Tract No. 613, running thence South 7 15' East parallel to the Easterly line of said Tract No. 613, to a point in the Southerly line thereof; thence North 7 15' West 181.04 feet along said described line to its Northern terminus; thence North 7 15' West 278.34 feet; AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on February 18, 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, investi- gation 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. 640, Series 1962 -63 granting Con- ditional Use Permit No. 372 upon the conditionstherein 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 Plan- ning Commission in granting said Conditional Use Permit and did thereupon fix the 2nd day of April, 1963, 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 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 considera- tion of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 3 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 granting said Conditional Use Permit be, and the same is hereby sustained, and that Conditional Use Permit No. 372 be, and the same is hereby granted permitting the construction of a sports recreation center, including bowling, swimming, archery, skeet, billiards, ice skating and miniature golf, and the construction of a 5 -story hotel with related service shops and stores, a child's nursery, health club, restaurant, cocktail lounge (including dancing), banquet facilities, bank and 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 Dowling Avenue for the northerly approximately 440 feet thereof, for street widening purposes. 2. That the owners of subject property shall deed to the City of Anaheim a strip of land 45 feet in width, from the center line of the street, along Placentia -Yorba Boulevard for street widening purposes. 3. (a) That all engineering requirements of the City of Anaheim along Dowling Avenue, Placentia -Yorba Boulevard and Orangethorpe Avenue, including pre- paration of improvement plans and installation of all improvements, such as curbs and gutters, side- walks, street grading and paving, drainage facili- ties, 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 engineer- ing requirements. 4. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot, along Placentia -Yorba Boulevard and along the northerly approximately 440 feet of Dowling Avenue, for street lighting purposes. 5. That the owners of subject property shall deed to the City of Anaheim an 8 -foot public utility easement along the westerly and northerly boundaries of subject property. 6. That adequate areas for trash storage, accessible to trash -truck pickup, shall be provided as deter- mined and required by the Street Maintenance and Sanitation Division of the Public Works Department, which areas shall be enclosed by a solid fence or wall prior to final building inspection. 7. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department, and said hydrants shall be installed prior to final building inspection. 8. That the owners of subject property shall deed to the City of Anaheim a 20 -foot, maximum, slope easement along Placentia -Yorba Boulevard and Dow- ling Avenue, as required by the City Engineer, in order to enable the City to construct a slope on subject property, said easement to be in addition to any dedicated right -of -way easement. 9. That subject property shall be developed substan- tially in accordance with plans marked "Exhibits Nos. 1, 2, 3 and 4," on file with the City of Anaheim; and that construction on subject develop- ment shall be commenced within a period of 360 days from date hereof. 10. That subject property shall be developed in accord- ance with the M -1, Light Industrial Zone Site Development Standards as contained in Section 18.52.060, Paragraph (2) -(d), of the Anaheim Muni- cipal Code. 11. That tree wells shall be installed at 40 -foot in- tervals in the parkway portions of Placentia -Yorba Boulevard, Dowling Avenue and Orangethorpe Avenue; that plans for said landscaping shall be submitted to and approved by the Superintendent of Parkway Maintenance; and that said landscaping shall be installed prior to final building inspection. 12. That the recreation facilities shall be constructed concurrently with, or prior to, the construction of the service station and bank. That new proceed- ings for a Conditional Use Permit will be required for any phasing of development or new development representing a deviation from the approved plans. 13. That Conditions Nos. 1, 2, 3(b), 4, 5 and 8 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. 5 The City Council hereby reserves such Conditional Use Permit for good cause owners, their heirs, successors or assigns Anaheim Municipal Code and regulations and herein. THE FOREGOING RESOLUTION is approved and signed by me this 2nd day of April, 1963. ATTEST: DENE M. WILLIAMS the right to revoke or failure of said to comply with the the conditions CITY CLERK OF THE CITY OF ANAHEIM By (52-7-z4 DEPUTY CITY CLERK 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 was passed and adopted at a regular meeting of the City Council held on the 2nd day of April, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Chandler, Schutte, Krein and Coons. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Dutton. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 2nd day of April, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of April, 1963. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM By 420-7-t-o/ DENE M. WILLIAMS DEPUTY CITY CLERK