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1981-357RESOLUTION N0. 81R-357 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORANTIN(3, IN PART, CONDITIONAL USE PERMIT NO. 2121. WHEREAS, the City PlanninE Commission of the City of Anaheim did receive an application fora conditional use permit from BANK OF CALIFORNIA, TRUSTEE, owner, and FLOYD L. FARANO, agent, to permit a 104-unit residential condominum project on certain real property located in the City of Anaheim, County of California, legally described as: PARCEL l: That portion of the south half of the Northwest quarter of the Southeast quarter of Section 27, Township 4 South, Range 10 West, partly in the Rancho Bolsas and partly in the Rancho San Juan Cajon de Santa Ana, in the City of .Anaheim, as said section is shown on a map recorded in book 51, page 10 of Miscellaneous Maps, records of Orange County, California, described as follows: Beginning at the Northwest corner of said-South half; thence South 0° 42' 47" East 200.00 feet along the West line of said South half to the true point of beginning; thence South 89°.38' 07" East 300.00 feet parallel to the North line of said South 'Half; thence North 0° 42' 47" West 200.00 feet parallel. to the West line of said South half to the North line of said South half; thence South 89° 38' 07"-East 450.00 feet along said North line; thence South 0° 42' 47" East 439.02 feet parallel to the West line of said South half to a line parallel with and distant 221.00 feet measured at right angles Northerly from the South line of said Northwest quarter of the Southeast quarter of said Section 27; thence North 89° 38' 14" West 450.00 feet along said parallel line; thence North 0° 42' 47"-West 200.04 feet parallel to the West line of said South half to a line parallel with and distant 239.00 feet, measured at right angles Southerly from the North line of said South half; thence North 89° 38' -07" West.300.00 feet along said parallel line to the West line o.f said South half; thence North 0° 42' 47" West 39.00 feet to the true point of beginning; and. .... PARCEL 2: The East 450.00 feet of that portion of th e South half of the Northwest quarter of the Southeast quar- ter of Section 27, Township 4 South, Range 10 West, partly in the Rancho Las Bolsas and partly in the Rancho San Juan ~~ Cajon de Santa Ana, in the City of Anaheim, as said `~,, Section is 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 a line parallel with and distant 221.00 feet measured at -1- ATTY-26 (Pays 1 of 2 Pays) right angles Northerly from the South line of said South half with the West line of Lot 24 of Tract No. 3127, as shown on a map recorded in book 94, pages 48 and 49 of Miscellaneous Maps, records of Orange County, California; - thence along said parallel line North 89° 38' 14" West 679.77 feet to an intersection with that certain curve in the North line of Wilken Way near the Northeast corner of the intersection of said Wilken Way and Harbor Boulevard, as shown on said map of Tract No. 3127 said curve being concave to the Northeast and having a radius of 15.00 feet, a radial line to said curve at said intersection having a bearing of South 21° 24' 08" West; thence Easterly 5.51 feet along said curve to the Easterly terminus thereof; thence Easterly 675.98 feet along the various courses in the Northerly lines of Wilken Way as shown on said map of Tract No. 3127, to the Southwest corner of said Lot 24; thence North 0° 42' 47" West 9.00 feet to the true point of beginning; and PARCEL 3: The East 100 feet of the North 200 feet of the West 300 feet to that portion of the South half of the Northwest quarter of the Southeast quarter of Section Twenty-seven, Township Four South, Range Ten West, S.B. B. & M., partly in the Rancho Las Bolsas and partly in the Rancho San Cajon de Santa Ana, described as follows: Beginning at the Northwest corner of said South half of the Northwest quarter of the Southeast quarter of Section Twenty-seven; thence South 89° 38' 07" East 871.29 feet along the Nort'n line of said South half of the Northwest quarter of the Southeast quarter of Section Twenty-seven; thence South 0° 42' 47" East 500.02 feet along a line parallel to the West line of said Southeast quarter of Section Twenty-seven to a point on a line parallel with and distant 160.00 feet measured at right angles North- erly of the South line of said Northwest quarter of the Southeast quarter of Section Twenty-seven; thence North 89° 38' 14" West 871.29 feet along said parallel line to a point on said West line of Southeast quarter of Section Twenty-seven; thence North 0° 42' 47" West 500.05 feet along said West line of the Southeast quarter of Section Twenty-seven to the point of beginning; and -2- WIiEREAS, 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. PC80-209 . ctrantinQ, in part. Conditional Use Permit No. 2121 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 ggran~~tin~ said conditional use permit be, and the same is erg; and that Conditional Use Permit No. 2121 be, " and the sameJ~. s ~ereby, granted permitting a 104-unit residential condominium project on the hereinabove described real property with waivers of the following provisions of the Anaheim Municipal Code: -3- ATTV-26 (Page 2 of 2 Pages) SECTION 1.31.061.012 SECTION 18.31.062.012 SECTION 18.31.062.020 SECTION 18.31.062.030 SECTION 18.31.063.031 SECTION 18.31.066.010 - Minimum lot area per dwelling unit. - Maximum structural height. - Maximum site coverage. - Minimum floor area. - Minimum recreation-leisure area. - Minimum number and type of parking spaces. subject to the following conditions: 1. That this Conditional Use Permit is granted subject to the completion of Reclassification No. 80-81-14, now pending, and approval of Tentative Tract No. 11305. 2. That the property shall be developed as a residential condo- minium project of not to exceed 104 units in accordance with a final development plan to be approved by the City Council prior to issuance of any building permits. 3. That the property shall continue to be maintained as a mobile home park for a period of not less than 12 months following the date of adoption of the ordinance reclassifying the property to the RM-3000 Zone. 4. That the following relocation assistance sh all be provided by the developer and proof of compliance in a form satisfactory to the City shall be submitted prior to issuance of any building permits: a. The nine (9) tenants owning single-wide coaches and represented by Michael Deitch, Esq. shall be paid the sum of_ $5,000.00 each. b. The tenants owning double-wide coaches and represented by Michael Deitch, Esq. shall be paid the sum of $7,000.00 each. c. Ms. Hewitt (Space 13) shall be paid the sum of $7,000.00. d. Mrs. Villa (Space 23) shall either be relocated to a location satisfactory to her, or her coach shall be purchased for th e sum of $3,000.00 with developer assuming the balance owed on her coach, P. The remaining four (4) tenants shall be paid the sum of $5,000.00 each. f. Developer shall pay to Mr. Deitch the attorney's fees incurred by the tenants in an amount not to exceed $5,000.00. -4- BE IT FURTHER RESOLVED that the Anaheim City Council does hereby find and determine that adoption of this Resolution is ex- pressly predicated upon applicant's compliance with each and alt of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this ~` Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the City Council hereby re- serves t'ne 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 therein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 28th day of July, 1981. R"OF THE CIT~OF-ANAHEIM ATTEST: CIT CLERK OF TH CITY OF ANAHEIM JLW:fm -5- 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. 81R-357 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 28th day of Jult~, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS; None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 81R-357 on fi.he 28th day of July, 1981. IN WITNESS WHEREOF, I have hereunto set my hand anal affixed .the seal of the City of An~.heim this 28Lh day of July, 1981. CITY LERK OF THE CIT OF ANAHEIM I, hIPdDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 81R-357 duly passed and adopted by the Anaheim City Council on July 28, 1981. ~. CITY CLERK OF THE CITY OF ANAHEIM