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1979-017ATTY -26 (Page 1 of 2 Pages) RESOLUTION NO. 79R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1905 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ROBBIE KAUFMAN AND JAMES NORMAN MORGAN, owners, to construct a three -story office building (Portion A) and to permit an auto- mobile parking lot (Portion B) with waivers of certain Anaheim Municipal Code requirements on the real property situated in the City of Anaheim, County of Orange, State of California, legally described as: Beginning at the Northwesterly corner of Block 8 of a replat of the Orchard Park Tract, as shown on a Map recorded in Book 7, page 6 of Miscellaneous Maps, records of Orange County, California; thence Easterly along the Northerly line of said Block, 249.75 feet; thence Southerly parallel to the Westerly line of said Block 8, 229.5 feet; thence Westerly parallel with the Northerly line of said Block, 249.75 feet to the Westerly line of said Block; thence Northerly along the Westerly line of said Block 8, 229.5 feet to the place of beginning. Excepting therefrom the Northerly 30 feet of said land as conveyed to the City of Anaheim, a Municipal cor- poration, for road and incidental purposes, by an instrument dated October 11, 1912 and recorded December 9, 1912 in Book 224, page 110 of Deeds; and -1- WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as re- quired by law and the provisions of Title 18, Chapter 18.03 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. PC78 -254 granting Conditional Use Permit]No. 1905 and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; 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 consider- ation 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 im- pose 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, affirmed and that Conditional Use Permit No. 1905 be, and the same is hereby, granted permitting a three -story office building (Portion A) and an automobile parking lot (Portion B) on the aforedescribed property with a waiver of the following provi- sions of the Anaheim Municipal Code: ATTY -26 (Page 2 of 2 Pages) -2- SECTION 18.04.043.101 SECTION 18.04.043 subject to the following conditions: Permitted encroachment of a block wall in the front setback. (42 inches per- mitted; 6 feet proposed) Permitted encroachments in the front setback. (Parking spaces not per- mitted; 8 spaces proposed) 1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 32 feet in width from the center- line of the street along South Street, and a strip of land 25 feet in width from the centerline of the street along Helena Street for street widening purposes. 2. That all engineering requirements of the City of Anaheim along South Street including preparation of improvement plans and installation of all improvements such as curbs and gutters, side- walks, street grading and paving, drainage facilities or other appur- tenant 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; that street lighting facilities along South and Helena Streets shall be installed prior to final building and zoning inspections unless otherwise approved by the Director of Public Utilities, and in accordance with standard speci- fications on file in the Office of the Director of Public Utilities; 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 that the above improvements will be installed prior to occupancy. 3. That the owners of subject property shall pay to the City of Anaheim the appropriate fee as determined by the City for street lighting purposes. 4. That sidewalks shall be installed along Helena Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 5. That the owners of subject property shall pay to the City of Anaheim the appropriate fee as determined by the City for tree planting purposes along South and Helena Streets. 6. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works and shall be located no closer than ten (10) feet to the southerly property line (RS -7200 zoning). 7. That fire hydrants shall be installed and charged as re- quired and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 8. That subject property shall be served by underground utilities. 9. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 10. That subject property shall be developed precisely in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4; provided, however, that the trash enclosure shall be relocated a minimum of ten (10) feet away from the RS -7200 zoned parcel to the south; that the driveway approach to South Street shall be restricted to traffic entering the subject property only and that "tire busters" shall be installed to prevent any vehicles from exiting onto South Street; and that landscaping shall be installed precisely as shown on Exhibit No. 4 (planting plan) which specifies plant types, size, and location. 11. That prior to any construction activity commencing on the subject property, the block wall (as shown on Exhibit No. 4) shall be constructed along the north, east, and south property lines and the landscaping (also shown on Exhibit No. 4) shall be installed in the setback between said wall and Helena Street to protect the residents in the area during the construction of the parking lot and the office building on the parcel to the west. 12. That Condition Nos. 1, 2, 3 and 5, 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 year from date hereof, which- ever occurs first, or such further time as the Planning Commission may grant. 13. That Condition Nos. 4, 6, 8, 9 and 10, above mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the City Council hereby re- serves the right to revoke such Conditional Use Permit for good cause or failure of said owners, their heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions herein. THE FOREGOING RESOLUTION is approved and signed by me this 2nd day of January, 1979. ATTEST: Y CLERK TH CITY OF ANAHEIM JLW:fm -4- p'IAYOR OF TH IT OF ANAHEIM 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. 79R -17 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 2nd day of January, 1979, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kott AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 79R -17 on the 2nd day of January, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2nd day of January, 1979. (SEAL) CITY CL RK OF THE CI 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. 79R -17 duly passed and adopted by the Anaheim City Council on January 2,.1979.