1976-633RESOLUTION NO. 76R-633
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
No. 1643.
WHEREAS, the City Planning Commission of the City
of Anaheim did receive an application for a conditional use
permit from William Wagner (Trustee) and Dollie P. Rains
(Trustor); and John Booty, agent, to permit a public
recreational facility on the following described property:
A portion of the following described land:
Parcel 1:
The East 165 feet of the West 495 feet of the
East half of the Southwest quarter of the South-
west quarter of Section 12, Township 4 South,
Range 11 West, in the Rancho Los Coyotes, as
shown on a map recorded in Book 51, page 11 of
Miscellaneous Maps, records of Orange County,
California, said East half of the Southwest
quarter of the Southwest quarter of said Section
12 being described as commencing at a point in the
South line of said Section, North 891 41' East
662.75 feet from the Southwest corner thereof;
thence North 00 13' West 1328.09 feet to a point;
thence North 890 41' 10" East 663.44 feet to a
point; thence South 00 14' 45" East 1328.05 feet
to a point; thence South 890 41' West 662.75 feet
to the place of beginning.
Excepting therefrom the South 40 feet.
Also excepting "all oil, gas and other hydrocarbons
and mineral substances lying not less than 100 feet
below the surface of said land, for a period of 15
years from July 29, 1953, provided that Seller, his
successors and assigns shall not have the right to
go upon the surface of the South half of said land
for the purpose of extracting said oil, gas or other
hydrocarbon and mineral substances, nor for any
purposes in connection therewith, but shall have the
right to extract and remove said oil, gas and/or other
hydrocarbon and mineral substances, nor for any
purpose in connection therewith, but shall have the
right to extract and remove said oil, gas and other
hydrocarbon and mineral substances by means of slant
drilled wells located on the North half of said land,
or by any other means which shall not require entry
upon the surface of the South half of said land", as
reserved in the deed from George Lawrence Rains to
Clarence W. Rains and wife, recorded December 24, 1954
in Book 2905, page 481 of Official Records.
Parcel 2:
That portion of the East half of the Southwest quarter
of the Southwest quarter of Section 12, Township 4
South, Range 11 West, in the Rancho Los Coyotes, as
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shown on a map recorded in Book 51, page 11 of
Miscellaneous Maps, records of Orange County, Cali-
fornia, described as follows:
Beginning at a point on the South line of said Section,
North 890 411 East 662.75 feet from the Southwest
corner thereof; thence North 00 131 East 1328.09 feet to
a point; thence North 890 41, 1011 East 663.44 feet to a
point; thence South 00. 141 4511 East 1328.05 feet to a
point; thence South 890 411 West 662.75 feet to the
place of beginning.
Except the West 495.00.feet thereof.
Also except the North 726.00 feet thereof.
Also excepting therefrom the North 50 feet of the
South 155 feet of the East 28 feet.
Also excepting therefrom the South 40 feet.
Parcel 3:
The North 726.00 feet of that portion of the East
half of the Southwest quarter of the Southwest quarter
of Section 12, Township 4 South, Range 11 West, in the
Rancho Los Coyotes, as shown on a map recorded in Book
51, page 11 of Miscellaneous maps, records of Orange
County, California, described as commencing at a point
in the South line of said Section, North 890 41' East
662.75 feet from the Southwest corner thereof; thence
North 00 131 West 1328.09 feet to a point; thence North
891 41t 1011 East t 663.44 feet to a point; thence South
oo 141 4511 East 1328.05 feet to a point; thence South
890 411 West 662.75 feet to the place of beginning.
Excepting therefrom the West 495 feet.
Parcel 4:
An undivided 1/2 interest in
South 155 feet of the East 2E
the Southwest quarter of the
Section 12, Township 4 South,
Rancho Los Coyotes, as shown
51, page 11 of Miscellaneous
the County Recorder of said C
interest in the water wells,
situated thereon.
the North 50 feet of the
feet of the East half of
Southwest quarter of
Range 11 West, in the
on a map recorded in Book
Maps, in the office of
ounty, together with a like
pumping plant and equipment
Said portion is the southerly 530 feet of the above-
described land.
AND WHEREAS, the City Planning Commission did hold
a public hearing at the City Hall in the City of Anaheim
upon said application on August 16, 1976, which hearing was
continued to September 13, 1976, 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,
investigation and studies made by itself and in its behalf and
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after due consideration of all evidence and reports offered
at said hearing, did adopt its Resolution No. PC76-171,
granting Conditional Use Permit No. 1643 subject to certain
conditions; 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 12th day of October, 1976, 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 hearings
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
Commission granting said conditional use permit be, and the
same is hereby sustained, and that Conditional Use Permit
No. 1643 be, and the same is hereby, granted permitting
construction of an 88 -unit apartment complex with a waiver
of the following sections of the Anaheim Municipal Code:
(a) SECTION 18.21'.061.020 Minimum building site
width and frontage.
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(b) SECTION 18.01.130 - (140 feet required; no
frontage proposed)
that said conditional use permit is granted, subject to the
following conditions:
1. That trash storage areas shall be provided
in accordance with approved plans on file with the Office
of the Director of Public Works.
2. That fire hydrants shall be installed and
charged as required and determined to be necessary by the
Chief of the Fire Department prior to commencement of
structural framing.
3. That subject property shall be served by under-
ground utilities.
4. That a six-foot high masonry wall shall be
constructed along the north, east, and west property lines.
5. That drainage of subject property shall be dis-
posed of in a manner satisfactory to the City Engineer.
6. In the event that subject property is to be
divided for the purpose of sale, lease or financing, a parcel
map to record the approved division of subject property shall
be submitted to and approved by the City of Anaheim and then
be recorded in the Office of the Orange County Recorder.
7. That any proposed tennis court or parking area
lighting shall be downlighted and shall be directed away from
the property lines to protect the residential integrity of
the area; that the lighting immediately adjacent to the
residential uses shall be shut down no later than the hour of
8:00 P.M.; and that the lighting of the interior tennis courts
shall be shut down no later than the hour of 10:00 P.M., as
stipulated to by the petitioner.
8. That a soils engineering consultant shall be
retained for the first one-year period following final building
and zoning inspections of the proposed project, said consultant
being retained for the purpose of monitoring and recommending
any additional control systems, devices or measures in connec-
tion with the underlying methane gases; and that during said
one-year time period, the petitioner shall install and bear
the costs of any and all systems, devices or measures as may be
recommended by the soils engineering consultant, to insure the
safety of the occupants of the subject property; and, more
specifically, if a lateral control system is indicated to be
required by the monitoring system, said system shall be instal-
led prior to the end of the specified one-year time period, as
stipulated to by the petitioner.
9. That, in the event the subject property (Portion
B) shall be developed alternatively as a park site, access
shall be required from the north of subject property.
10. That sufficient and adequate soils tests shall
be submitted to the Building Division for a determination of
the requirements for site. construction and installation of
sewer and water facilities.
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11. That subject property shall be developed
precisely in accordance with plans and specifications on
file with the City of Anaheim marked Exhibit No. 1 (Revision
No. 1); provided, however, that an effective buffer strip
shall be provided along the west property lite to protect
the residential integrity of the adjacent mobile home park,
subject to the approval of the Planning Commission.
12. That Conditions Nos. 6 and 10, above-mentioned,
shall be complied with prior to the commencement of the
activity authorized under this resolution, or prior to the
time that the building permit is issued, or within a period
of one (1) year from the date hereof, whichever occurs first,
or such further time as the City Council may grant.
13. That Conditions Nos. 1, 3, 4, 5, 7, 9 and 11,
above-mentioned, shall be complied with prior to final building
and zoning inspections.
The City Council hereby reserves the right to
revoke such Conditional Use Permit for good'cause or failure
of said owner, his heirs, successors or assigns to comply
with the Anaheim Municipal Code and regulations and the
conditions herein.
THE FOREGOING RESOLUTION is approved and sign d by
me this 12th day of October, 1976. �..
ATTEST
C TY CLERK OF THE CITY OF ANAHEIM
JW: jh
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STATE OF CALIiRNIA )
COUNTY OF ORANGE ) ss
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby
certify that the foregoing Resolution No. 76R-633 was* introduced
and adopted at a regular meeting provided by law, of the City Council
of the City of Anaheim held on the 12th day of October, 1976, by the
following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS:' None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY, that the Mayor of the City'.of Anaheim approved
and signed said Resolution No. 76R-633 on the 12th day of October, 1976.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of the City of Anaheim this 12th day of October, 1976.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 76R-633
duly passed and adopted by the Anaheim City Council on the 12th.,day
of October, 1976.
CITY CLERK