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1961-7104RESOLUTION NO. 7104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 124 PERMITTING THE CONSTRUCTION OF A HIGH -RISE BUILDING, INCLUDING A HOTEL MOTEL, RESTAURANT AND COCKTAIL LOUNGE ON THE PROPERTY HEREINAFTER DESCRIBED. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application from Ralph C. and Mina Bolte, Harvey Hiers and Kimberly Investments, Inc., for a Conditional Use Permit to construct a hotel /motel and commercial development- high -rise building, restaurant and cocktail lounge on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: PARCEL 1. That portion of the Southwest quarter of the Northeast quarter of Section 22, in Township 4 South, Range 10 West, San Bernardino Base and Meridian, in the City of Anaheim, described as follows: Commencing at the Southwest corner of land described in Torrens Title Certificate No. 47 on file in the office of the Registrar of Titles of Orange County, California, said point being on the North and South quarter section line of said Section 22, and distant North 0 16'' 25" West 42.93 feet from the intersection of said line with the center line of Cerritos Avenue, as described in deed to the County of Orange, recorded July 15, 1926, in Book 662, Page 292, Deeds, records of said Orange County; thence North 0 16'' 25" West along said North and South quarter section line, a distance of 410.73 feet, said point being the true point of beginning; thence North 89 57' 00" East 660.00 feet to the East line of said land described in Torrens Title Certificate No. 47; thence North 0 16 25" West 238.12 feet to the most Southerly corner of land described in deed to the State of California, filed November 1, 1950, as document No. 21667, in the office of the Registrar of Titles of said Orange County; thence North 66 00' 15" West 63.53 feet to a line parallel with and distant 18.00 feet Southerly measured at right angles from the Northerly line of land described'in Torrens Title Certificate No. 10914, on file in the office of the Registrar of Titles of said Orange County thence along said parallel line, South 89 57' 00" West 5 °37.26 feet; thence South 48 11' 29" West 48.26 feet to the Easterly line of Harbor Boulevard, 60.00 feet wide, the center line of which boulevard is the Westerly line of land described in said Torrens Title Certi- ficate No. 10914; thence South 89 43' 35" West 30 8 00 feet to said Westerly line; thence South 0 16' 25" East 231.74 feet to the true point of beginning. EXCEPTING THEREFROM the North 120 feet of the West 150 feet. NOTE: Said land was formerly registered under the Land Title Law. PARCEL 2: Lot 7 of the Joseph Fiscus Subdivision, as shown on a map thereof recorded in book 8, page 73, Miscellaneous Maps, records of said Orange County; EXCEPTING THEREFROM that portion thereof lying Northeasterly of the right of way of the Southern Pacific Railroad Company; ALSO EXCEPTING THEREFROM that portion thereof included in the right of way of the Southern Pacific Railroad Company; and ALSO EXCEPTING THEREFROM the 30 -foot strip of land conveyed to the state of California, by deed dated August 10, 1939, and recorded in book 1011, page 205, Official Records, in the office of the County Recorder of said Orange County; ALSO EXCEPTING THEREFROM that portion thereof included within the land conveyed to the state of California, by deed recorded October 2, 1950, in book 2081, page 301, Official Records, in the office of the County Recorder of said Orange County. NOTE: Said land is shown on a Licensed Surveyor's Map of survey recorded in book 23, page 5, Record of Surveys, in the office of the County Recorder of said Orange County. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on May 29, 1961, 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. 8-- Series 1961 62, granting Conditional Use Permit No. 124 upon the conditions therein set forth; and WHEREAS, thereafter, within twenty (20) 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 granting said Conditional Use Permit, and said appeal was set for public hearing on July 11, 1961, 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 con- sideration 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 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 herein 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 Commission granting said Conditional Use Permit be, and the same is, hereby sustained for the following uses only a motel, a high -rise hotel building, and a restaurant and cocktail lounge; and that said Conditional Use Permit No. 124 be, and the same is hereby granted permitting the construction of said motel, high -rise hotel building, restaurant and cocktail lounge on the property hereinabove described, subject to the following con- ditions: 1. That subject property shall be developed substantially in accordance with the plans presented to the City Council and on file with the City of Anaheim. 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. AT ST: 2. That the maximum height of said building shall not exceed 115 feet above grade level, which shall include the occupiable area, plus any spires or structures placed on the top of the building. 3. (a) That all engineering requirements of the City of Anaheim along Midway Drive, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, 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 engineering requirements. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot, along Midway Drive and Manchester Avenue, for street lighting purposes. That parking facilities shall be provided as required by the Anaheim Municipal Code. CLERK OF I�' OF ANAHEIM the right to revoke or failure of said to comply with the the conditions THE FOREGOING RESOLUTION is approved and signed by me this 8th day of August, 1961. 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 No. 7104 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 8th day of August, 1961, by the following vote of the members thereof: AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson, Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the _Mayor of the City of Anaheim approved and signed said Resolution No. 7104 on the 8th day of August, 1961. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official of the City of Anaheim this 8th day of August, 1961. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM