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1968-121RESOLUTION NO. 68R-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAHEM GRANTING CONDITIONAL USE pEnnIT NO. 977; AND SUPERSEDING RESOLUTION NO. 67R-692. WHEREAS, the City Planning Commission of the City of Anaheim Lid receive an application for a conditional use permit from RAYMOND N. ROUGH, 2044 West Greenleaf Avenue, Anaheim, California 92601, to construct a 3-story, 48-unit apartment- hotel for adults only, on the property hereinafter described, with waivers of the following Anaheim Hunicipal Code require- ments: (a) Building site area per dwelling unit (Section 18.32.050(2)); (b) nini.A.-a floor area of cAlellin units (section 16.26.050(3)); (c) Building and structural height limitations (Section 18.28.050(3-a and 5-b)); (d) Luilding setbacks (Sections 18.28.050(6-a-4 and 6-b--3)) and (e) Off-street parking reuirements (Section 16.28.050(10)). Said property is situated in the City of Anaheim. County of Orange, State of California, and is more particularly describe as follows: Lots 12, 13 and 14 of Tract ',o. 2517, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 133, 2ages 40 to 42, inclu- sive of i-lisceilaneous Miaps, in the Office of the County Recorder of said County. AND wia:aElis, the City Planning Commission Lid held a public hearing at the City hall in the City of Anaheim upon said application on November 6, 1967, notices of which said public hearing were duly given as reduired by law and the provisions of Title 18, Chapter 13.7t of the Anaheim :'unicipal Code, and WHEREAS, said Commission, after cue inspection, inves- tigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing Lid adopt its Resolution No. PC67-245, denying Condi- tional Use Permit No. 977; 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 December 19, 1967, 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 16, Chapter 18.76 of the Anaheim Municipal Code anca aLRLAb, at the time anu place fixad for sai J:. public hearincr, the City Council did duly hold and conduct such hearing -1- and aid give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did adopt Resolution No. 67R --692 granting Conditional Use Permit No. 977 permitting the construction of a 3- story, 48 -unit hotel (as an interim use) on the property hereinbefore described, subject to certain conditions therein set forth; and WHEREAS, thereafter, on February 6, 1968, at the re- quest of the petitioner for permission to establish an apartment complex rather than an apartment -hotel on subject property, and upon further consideration of the matter, the City Council aid direct the City Clerk to set said request for a conditional use permit to establish an apartment complex on subject property for rehearing before the City Council; and WHERI,AS, said request for said conditional use permit was set for public hearing on February 27, 1968, 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 the Anaheim Municipal Code; and WHEREAS, the City Council finds, after careful con- sideration of 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 Com- mission denying said Conditional Use Permit be, and the same is hereby disapproved, and that Conditional Use Permit No. 977 be, and the same is hereby, granted permitting the establishment of a 3- story, 48 -unit apartment complex, on the property herein before described, with waivers of the following Anaheim Municipal Code requirements: (a) Building site area per dwelling unit (Section 18.32.050(2)); -2- (c) Building and structural height limitations (Section 18.28.050(5-a and 5-b)); ATTEST: C (b) Minimum floor area of dwelling units (Section 18.28.050(3)); Building setbacks (Sections 18.28.050(6 -a -4 and 6- b -3)); and (e) Off- street parking requirements (Section 18.28.050(10)). subject to the following conditions: 1. That trash storage areas shall be provided in accordance with approved plans on file in- -the Office of the Director of Public Works and Super- intendent of Streets, prior to final building and zoning inspections. That all air conditioning facilities shall be properly shielded from view, and the sound buf- fered from adjacent residential homes, prior to final building and zoning inspections. 3. That any external lighting that may be provided shall be directed onto the property and away from any abutting parcels, prior to final building and zoning inspections. 4. That subject property shall be developed substan- tially in accordance with plans and specifications on file wit. the City of Anaheim marked Exhibits Nos. 1, 2, 3, 4, 5, 6 and 7. 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. BE IT FURTHER RESOLVED that Resolution No. 67R -692 is hereby superseded and shall be of no further force and effect from and after this date. THE FOREGOING RESOLUTION is approved and signed by me this 27th day of February, 1968. CLERK OF THE CITY OF A 4AHLIiI -3- MAYOR OF THE CITY OF AI` 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. 68R -121 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 27th day of February, 1968, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Chandler and Pebley NOES: COUNCILMEN: None TEMPORARILY ABSENT: COUNCILMEN: Schutte ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 68R -121 on the 27th day of Feb- ruary, 1968. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 27th day of February, 1968. (SEAL) CIT CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 68R -121 duly passed and adopted by the Anaheim City Council on Feb- ruary 27, 1968. City Clerk