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71R-150 .-..... RESOLUTION NO. 71R-150 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIOlllL USE PERMIT NO. 1225 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from BROOKHURST APARTMENT FUND, LTC., OWner; LARWIN MULTIHOUSING CORPORATION, Agent. Parcel 1: That portion of the North half of the Northwest quarter of the Southwest quarter of Section 8, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as shown on a Map thereof recorded in Book 51, page 10 of ~isce1laneous Maps, records of said Orange County, California, lying Easterly of a line described as follows: Beginning at a point in the Northerly line of said North half, distant Westerly thereon 970.56 feet from the Northeasterly corner thereof; thence South 00 16' Ion West 655.62 feet to the Northerly line of Lot A .of Tract No. 5053 as shown on a Map thereof recorded in Book 183, pages 34 to 38 of Miscellaneous Maps, records of said County. Excepting therefrom all oil, gas, minerals and other hydro- carbon substances lying below a depth of 500 feet from the surface of said land, but without the right of entry upon any portion of the surface above a depth of 500 feet, to take, market, mine, explore or drill for same as reserved in the deed from T.E. Yellis and Mildred B. Yellis, husband and wife, recorded September 11, 1970, in Book 9400, page 434 of Official Records. Parcel 2: Lot uAII of fl'ract No. 5053, as shown on a Map thereof recorded in Book 183, pages 34 to 38 inclusive, of Miscellaneous Maps, records of said Orange County, California. Excepting therefrom the Westerly 240.02 feet thereof. Also excepting therefrom the Easterly 33.37 feet thereof. AND WHEREAS, the City Plaun1ns Commission did. hold a public hearing at the City Hall in the City o~ Anaheim upon .' said application on. Martm .a. , 19 71 , notices of \ which said 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, said Commission, after due inspection, in- vestigation 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. PC 71-38 Series ,approving ~ondltiOftal Use Permit No. 1225 Subject to certain conditions therein set forth and . , -1- 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 approvinq said conditional use permit and said appeal was set for public hearing on A~ril 20 , 19 7l ,at the City Hall, in the City of Anahe1m, 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 con- sideration of the recommendations of the City Planning Commis- sion 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 high- ways 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 qeneral 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 Commis- sion in granting said conditional use permit be, and the same is hereby sustained , and that Conditional Use Permit No. l225 be, and the same is hereby, granted pe~itting the establishment of a child care center serving the general pub1ic in an apartment comp1ex on the property hereinbefore described subject to the following conditions: 1. That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, 3, 4 and 5. 2. That Condition No.1, above mentioned, shall be complied with prior to final building and zoning inspections. 3. That the primary use shall be limited to children of tenants of the apartment complex in which it is to be located; providing, however, a maximum of one~third of the total be children residing outside the apartment complex. -2- . :.. ......~.-.,.'" ".ru."". .:a.... ._--.'.~.I..~~_~"'t~.'II."'.~ . .....-...~.... .04-~_.""_.' ;1L.,._dL=.....t.O..-.........,""-'loII................-..-.....................~... 4. That no signing shall be permitted on the property which would advertise the approved use. 5 · That the use shall be approved by all appropriate agencies of the State of California. 6. That this Conditional Use Permit shall be granted for a period of one (~) year, afte.r which time, upon request by the petitioner, the use may be reviewed and considered for an additional period of time if the Planning Commission determines that the use has had no adverse effects upon the surrounding area. The City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owner, its 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 20th day of April, 1971. ATTEST: f\ _ ~~~IO~~; OF I, DENF. M. !).~,OUST, CiTY CLERK OF THE CITY OF /\i:.".' ;.. . DO HE;':E:~'i CEr~TIFY THAT THE FOREGOING IS fHE ,.) '" 'i_~ RESO~,!Ji': J:~ No.--.zlR~15Q.___,__DUL Y PASSED :~.. 'f) .'.:'.' '_' ~zr~:~:~n:~::~:~:::~~:~..:.~~.~.~:..::. CITY CLERK I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 7lR-1SO was passed and adopted at a -------- regular meeting of the City Council held on the 20thday of April ,l9-I!, by the following vote of the members thereof: ANAHEIM STATE OF CALIFORNIA ) COUNTY OF OR&~GE ) CITY OF ANAHEIM ) SSe AYES;,; NOES~ COUNCILMEN: Roth, Stephenson, Pebley, Thorn and Dutton COUNCILMEN: None ABSENT:: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the ~Oth day of April , 19~, 7l. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of April 19L~. ~ )r ~ 'i_~ ,. ~ CI .y CLERK OF HE CITY OF ANAHElI-l - (SEAL) -3- . ..........-....--....---...--.-..-.-......... "..-...... ~~.&G....._._.. .. a............ ................