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1977-080WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ANAHEIM PROPERTIES, owner; and DAVID W. HOOK, agent, to permit a three story office complex on the following described property: All that certain land situated in the State of California, County of Orange, City of Anaheim, described as follows: Parcel 1: RESOLUTION NO. 77R -80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1679. That portion of the Southeast quarter of Section 22, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as shown on a Map recorded in Book 51, page 10 of Miscellaneous Maps, records of Orange County, California, described as follows: Beginning at the intersection of the West line of the East 40.00 feet of said Southeast quarter with the Easterly prolongation of the North line of Tract 308.4, as per map recorded in Book 96, pages 39 and 40 of said Miscellaneous Maps; thence South 89° 34' 30" West 1251.99 feet along said prolongation and said North line to the East line of the land described in the Deed to Leo Freedman recorded December 22, 1959 in Book 5025, page 338 of Official Records; thence North 0 13' 22" West 585.00 feet along said East line of the North line of the South 1260.00 feet of said Southeast quarter; thence North 89° 54' 30" East 1026.00 feet along said North line to the Southwest- erly line of the land described in the Deed to the State of California, recorded October 29, 1952, in Book 2404, page 83 of Official Records; thence along said Southwesterly line South 28° 08' 46" East 270.91 feet and Southeasterly 175.85 feet along a tangent curve concave Northeasterly having a radius of 780.00 feet to the West line of the East 40.00 feet of said Southeast quarter; thence South 0 12' 53" East 201.33 feet to the point of beginning. Excepting therefrom that portion thereof lying Westerly of the Easterly line of Parcel 1 as shown on a Map filed in Book 74, page 50 of Parcel Maps in the Office of the County Recorder of said Orange County. -1- Parcel 2: That portion of the Southeast quarter of Section 22, Township 1 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as shown on a Map recorded in Book 51, page 10 of Miscellaneous Maps, records of Orange County, California, described as follows: Beginning at the intersection of the East line of said Southeast quarter with the Easterly prolongation of the North line of Tract No. 3084, as shown on a Map recorded in Book 96, pages 39 and 40 of said Miscellaneous Maps; thence South 89° 54' 30" West along said prolongation to the Westerly line of the Easterly 40.00 feet of said Southeast quarter; thence Northerly along said Westerly line to the Southwest- erly line of the land described in deed to the State of California recorded October 29, 1952, in Book 2404, page 83 of Official Records of said Orange County; thence Southeasterly along said Southwesterly line to said East line; thence Southerly along said East line to the point of beginning. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on January 3, 1977, notices of which said public hearing were duly given as required by law and the pro visions 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 after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC77 -8, denying Conditional Use Permit No. 1679; and WHEREAS, thereafter within twenty -two (22) 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 denying said conditional use permit and said appeal was set for public hearing on February 8, 1977, 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 hear- ing 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 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 Commission in denying said conditional use permit be, and the same is hereby revised, and that Conditional Use Permit No. 1679 be, and the same is hereby, granted permitting construction of a three -story office complex on the aforedescribed property, subject to the following conditions: 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 45 feet in width from the centerline of the street along Manchester Avenue and a strip of land 53 feet in width from the centerline of the street along Haster Street for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Freedman Way, Manchester Avenue and Haster Street, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities or other appurtenant work, shall be colplied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer; that street lighting facilities along Freedman Way, Manchester -3- Avenue and Haster Street shall be installed as required by the Director of Public Utilities, and in accordance with standard specifications on file in the Office of the Director of Public Utilities; and /or that a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above mentioned requirements. 3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of sixty (60) cents per front foot along Freedman Way, Manchester Avenue and Haster Street for tree planting purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 5. 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. 6. That subject property shall be served by under- ground utilities. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. 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. 9. That a modified cul -de -sac shall be provided at the terminus of Zeyn Street, subject to the approval of the City Engineer. 10. That appropriate water assessment fees, as determined by the Director of Public Utilities, shall be paid to the City of Anaheim prior to the issuance of a building permit. 11. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 66- 67 -61, now pending. 12. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibits Nos. 1 through 5. -4- 13. That the developer agrees to participate in one -half of the cost of a traffic signal for the intersection of Haster Street and Manchester Avenue. The estimated cost of this signal is 544,000.00. The developer's share is $22,000.00, payable upon issuance of Building Permit. 14. That the developer dedicate an irregularly shaped right -of -way, varying from a 53 -foot width to 56 -foot width from centerline of Haster Street, as shown on State Highway right -of -way map for the future construction of the Haster Overcrossing. 15. That Conditions Nos. 1, 2, 3 and 11, above mentioned, shall be complied with prior to 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 year from date hereof, whichever occurs first, or such further time as the Planning Commission and /or City Council may grant. 16. That Conditions Nos. 4, 6, 7, 9 and 12, 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, its successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions herein. THE FOREGOING RESOLUTION is approved and s me this 8th day of February, 1977. ATTEST: CITY LERK OF T CITY OF ANAHEIM JLW:jh STATE OF CALIFORNIA 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. 77R -80 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 February, 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 77R -80 on the 8th day of February, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of February, 1977. (SEAL) CITY ERK OF THE CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -80 duly passed and adopted by the Anaheim City Council on February 8, 1977. Nre CITY CLERK