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84R-079 RESOLUTION NO. 84R-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2526. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from ROBERT M. AND MARILYN L. SHEPARD, owners, and BASIC SHELTER, INC., JAMES NEEDHAM, agent, to permit an 8-unit senior citizens' apartment complex upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE WESTERLY ONE-HALF OF THAT PORTION OF VINEYARD LOT E-6, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 629 AND 630, DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 13, BLOCK 2 OF THE ENTERPRISE TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 89, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY~ THENCE SOUTHEASTERLY ALONG THE WESTERLY LINE OF SAID LOT 13, 158.44 FEET TO THE NORTHERLY LINE OF WEST BROADWAY~ THENCE SOUTHWESTERLY ALONG SAID NORTHERLY LINE OF WEST BROADWAY 108 FEET TO A POINT IN THE EAST LINE OF THE LAND CONVEYED TO SILBERNAGLE BY DEED RECORDED FEBRUARY 3, 1906, IN BOOK 124, PAGE 109, DEEDS~ THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE OF SAID LAND SO CONVEYED TO C. SILBERNAGLE, 158.44 FEET~ THENCE NORTHEASTERLY PARALLEL WITH SAID NORTHERLY LINE OF WEST BROADWAY 108 FEET TO THE POINT OF BEGINNING~ and 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 required by law and the provisions of Title 18, Chapter 18.03 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. 84R-2 granting Conditional Use Permit No. 2526~ 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 ""W_""'._'..;.. ._,,_~;._;;"""-__ _ 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 consi- deration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The propos.ed use is properly one for which a condi tional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoin- ing 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, for the reasons hereinabove stated, the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, granted and that Conditional Use Permit No. 2526 be, and the same is hereby, granted permitting an 8-unit senior citizens' apartment complex on the hereinabove described real property, subject to the following conditions: 1. That the owner of subject property shall by recorded deed irrevocably offer to the City of Anaheim a strip of land 10 feet in width from the centerline of the alley for alley widening purposes. 2. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Broadway in an amount as determined by the City Council. 3. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Broadway in an amount as determined by the City Council. 4. That the owner of subject property shall execute and record a covenant against the property in a form approved by the City Attorney's Office, restricting occupancy of each unit to a maximum of two (2) residents, at least one of whom must be at least sixty (60) years of age or older. -2- 5. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No.1. 6. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos.l, 2, 3 and 4, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 7. That prior tc final building and zoning inspections, Condition No.5, above-mentioned, shall be complied with. 8. That prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 9. That prior to issuance of a building permit, the owner of subject property shall deposit with the City of Anaheim, the estimated secondary reimbursement area water fees as established by the Water Engineering Division and also, shall execute and record a covenant against the property (in a for~ approved by the City Attorney's Office), agreeing to pay the actual amount of such fees (as hereinafter established by the City) prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the City Council does hereby find and det~rmine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unen- forceable by the final judgment of any court of competent juris- diction, then this Resolution, and any approvals herein con- tained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21st day of February, 1984. fi d~' ~HE CITY OF ANAHEIM ATTEST: ~~ oJI_ )~ C TY CLERK OF TH C 'TY OF ANAHEIM JLW: fm 2362M 4/6/84 -3- 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. 84R-79 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 21st day of February, 1964, by the following vote of the members thereof: -, AYES: COUNCIL MEMBERS: Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood and Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R-79 on the 21st day of February, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 21st day of February, 1984. ~. J.~ )~ CITY ClERK OF THE CIT 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. 84R-79 duly passed and adopted by the Anaheim City Council on February 21, 1984. ~~ ~