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72R-100 ~ RESOLUTION NO. 72R-IOO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1244. IN PART. WHEREAS. the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, 10 South Main, Room 214, Salt Lake City, Utah, 84111, mmer; SHm'lCASE HOI'lES, 14482 Beach Boulevard, suite W, westminster, California, 92683, agent, to establish a 47-unit planned residential condominium development on the follow- ong described property: The North 5.00 acres of the South 10.00 acres of the West half of the Northwest quarter of the Southwest quarter of Section 28, Township 4 South, Range 10 West, in the Rancho Las Bolsas, partly in the City of Anaheim and partly in the City of Garden Grove, in the County of Orange, State of California, as per map recorded in book 51, page 10 of Miscellaneous Maps, in the office of the County Recorder of said County. EXCEPT that portion t~ereof described as follows: Beginning at the Southwest corner of said North 5.00 acres; thence North 00 56' 10" West 84.43 feet along the West line of said sec,tion; thence North 890 IS' 37" East 248.00 feet parallel with the South line of said North 5.00 acres; thence South 00 56' 10" East 84.43 feet parallel with said West line to said South line; thence South 890 15 I 37" I'Jest 248.00 feet to the point of beginning. ,{"""- AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City o~ Anaheim upon said application on --f:ehrl1J'Jry 7 ,19 72, notices of ' which said public heilring 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 ~o. PC j2-1l Series , iJcmyi ng Conditioaal Use erm t No. 1244 and -1- ,..-. Y!mEm~AS, t{lcreafter, 'vi thin twenty-two (22) days from the date of the adoption of said resolution, the City Council did elect, upon its mm motion, to review the action of the City Planning ConL~ission in denying said conditional use permit and did therew.Jon fix the 7th day of [.1arci1, 1972, and continued to the 21st day of March, 1972, as the time and the Council Chamber in t11e 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 r~quired by law and the provisions of Title 18., Chanter 18.76 of the Anaheim Hunicipal Code; and ~~EREAS, 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 WHEP~AS, the City Council finds, after careful considera- tion of the recommendations of the City Planning Coramission 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 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 Com- mission denying said conditional use permit be, and the same is hereby disa~proved and that Conditional Use Permit No. 1244 be, and the s~~ is hereby granted, in part, permitting the establishment of a 47-'unit planned residential condominium development on the property hereinbefore described, with waivers of the following Anaheim Municipal Code provisions: SECTION 18.08.440 Requirement that a lot have frontage on a dedicated street (proposed condominium lots would not have access or frontage on a dedicated public street) ,:t'~. -2- "~ ,;- vlPH: hI SECTION 18.28.050(1-a) !'linimum building site area (7200 square feet required; 1609 square feet to 2248 square feet proposed) That said conditional use permit be granted subject to the following conditions: 1. That this conditional use permit is granted subject to the completion of Reclassification No. 70-71-56 and Tentative Map of Tract No. 7439, now pending. 2. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the office of the Orange County Recorder. 3. Prior to filing of the final tract map, the Applicant shall submit to the City Attorney for approval or denial a complete synopsis of t~e proposed functioning of the operating corporation, including but not limited to the articles of incorporation, by-laws, proposed methods of management, bonding to insure maintenance of common property and buildings, and SUC_l oth2r information as the City Attorney may desire to protect the City, its citizens, and the purchasers of the pro- ject. 4. 'rhat t:16 covenants, conditions, and restrictions shall be submitted to and a:9proved by the City Attorney's Office prior to City Council approval of the final tract map, and, further, that the apDroved covenants, conditions, and restrictions shall be r0.corded concurrently ',vitll the final tract map. :). That sui::j,,,,ct pro")erty shall be developed substan- tlally in accordance with plans and specifications on file with tile Ci t? of Anaheim marked Ex::i~:!i ts Nos. 1, 2, 3; 4 I 5, 6 I 7 I 3, 9, 10, 11, 12, 13, 14, 15, 15, 17 and 18. The City Council hereby reserves the right to revoke such Conditional Use Permit for aood cause or failure of said owner, its successors or assiqns tC; comnl\! with the Anaheim Hunicioal Code ." - -'- and regulations and the conditions herein. 1'HE FOREGOIllG RESOLUTION is approved and signed by me thlS 21st day of March, 1972. ATTEST: OF ANAHEIM -3-- J, STATE OF CALIFORNIA ) COUNTY OF ORfu~GE ) 55. CITY OF ANAHEI1'1 ) - I, DENE ~1. DAOUST , City C1er;<;: of the City of Anaheim, do hereby certify that the foregoing Resolution No. 72R-IOO was paased and adopted at a regular meeting of the City Council held on the 21st day of March , 1972 , by the following vote of the members thereof: --- AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 21st day of March , 19 72 . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 21st day of March , 19 72 . ANAHEIM (SEAL) 1, DENE M. DAOUST, City Clerk of the City of Anaheim, do h~reby certify that the foregoing is the original of Resolution No. 7~~-100 duly passed and adopted by the Anaheim City Council on M4rch 21, 1972. ~)t~ City Clerk - -,\