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69R-051RESOLUTION NO. 69R -51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1050 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from FRANK HORNY, 353 South La Brea Avenue, Los Angeles, California 90036, to establish a 200 -unit, three- story, planned residential development on the property hereinafter described, with waivers of the following Anaheim Municipal Code requirements or limitations: (a) A waiver of the maximum building height (Section 18.28.050(5 -a)); (b) A waiver of the maximum height of any building located within 150 feet of any R -A or any single family residential zone (Section 18.28.050(5 -b)); (c) A waiver of the location of accessory buildings abutting a side property line (Section 18.28.050(6-3-c)); and (d) A waiver of the maximum distance of every living unit from a standard street (Section 18.28.050(9)). That said property is situated in the City of Anaheim, County of Orange, State of California and is more particularly described as follows: All that certain land situated in the State of California, County. of Orange, City of Anaheim, described as follows: Lot 3 as shown on a Map thereof filed in Book 1, Page 56 of Record of Surveys in the Office of the Recorder of said County, lying Southerly of the Northerly 386.05 feet of said Lot 3 and South- easterly of the Southeasterly line of the land described in deed to the Orange County Flood Control District recorded September 2, 1960 in Book 5401, Page 414 of Official Records. EXCEPT therefrom that portion thereof described as follows: Beginning at a point distant Westerly 315.00 feet along the Southerly line of said Northerly 386.05 feet from the Easterly line of said Lot 3; thence Southerly parallel with said Easterly line 240.00 feet; thence Southwesterly 380.30 feet to a point in the Westerly line of said Lot 3 distant Southerly thereon 743.75 feet from the Northwest corner thereof; thence Northerly along said Westerly line 357.70 feet to the Southerly line of said Northerly 386.05 feet; thence Easterly along said Southerly line 362.00 feet to the point of beginning. ALSO EXCEPT therefrom the Westerly 281.98 feet thereof. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on October 7, 1968 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. PC68 -306, denying Conditional Use Permit No. 1050; 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 January 14, 1969, 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 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 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 Commis- sion denying said conditional use permit be, and the same is hereby disapproved, and that Conditional Use Permit No. 1050 be, and the same is hereby, granted permitting the establishment of a 200 -unit, three- story, planned residential development on the property hereinbefore described, with waivers of the following Anaheim Municipal Code requirements or limitations, subject to the conditions hereinafter set forth: (a) A waiver of the maximum building height (Section 18.28.050(5 -a)); (b) A waiver of the maximum height of any building located within 150 feet of any R -A or any single- family residential zone (Section 18.28.050(5 -b)); (c) A waiver of the location of accessory buildings abutting a side property line (Section 18.28.050(6-3-c)); and (d) A waiver of the maximum distance of every living unit from a standard street (Section 18.28.050(9)). That said conditional use permit is granted subject to the following conditions: 1. That the owner of subject property shall deed to the City of Anaheim a strip of land 30 feet in width, from the center line of the street, along Lido Lane, including a 15 -foot radius corner return at North Street,for street widening purposes. 2. (a) That all engineering requirements of the City of Anaheim along Lido Lane, including preparation of improvement plans and installa- tion of all improvements, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant 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; and (b) that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of said engineering requirements. 3. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot, along Lido Lane and North Street, for street lighting purposes. 4. That the owner of subject property shall pay to the City of Anaheim the sum of 15 per front foot along Lido Lane and North Street for tree planting purposes. 5. That drainage facilities shall be installed to provide drainage from Lido Lane, as required by the City Engineer and in accordance with standard plans and specifica- tions on file in the Office of the City Engineer; and that this item may be included in the bond required in Condition No. 2(b) hereof to guarantee the installation of engineering requirements. 6. That the owner of subject property shall deed to the City of Anaheim such drainage easements as are determined to be necessary. 7. That trash storage areas shall be provided in accordance with approved plans on file in the Office of the Director of Public Works and Superintendent of Streets. 8. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. 9. That all air- conditioning facilities shall be properly shielded from view. 10. That the owner of subject property shall pay to the City of Anaheim the sum of $25.00 per apartment unit, to be used for park and' recreation purposes, said amount to be paid at the time the building permit is issued; PROVIDED, HOWEVER, that in the event said sum shall not have been paid by May 1, 1969, there shall be due and payable at the time the building permit is issued the sum of $75.00 per apartment unit. 11. That Conditions Nos. 1, 2(b), 3, 4, 5 and 6, above- mentioned, shall be complied with prior to the issuance of a building permit, or within a period of 180 days from date hereof, whichever occurs first, or such further time as the City Council may grant. 12. That Conditions Nos. 7, 8 and 9 above mentioned, shall be complied with prior to final building and zoning inspections. 13. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibits Nos. 1, 2, 3 and 4, Revision No. 4. 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. THE FOREGOING RESOLUTION is approved and signed by me this 28 .tii day of January, 1969. ATTEST: 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. 69R -51 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 28th day of January, 1969, by the following vote of the members thoreof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 69R -51 on the 28th day of January, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of January, 1969. Ste) AYES: COUNCILMEN: Dutton, Schutte and Pebley NOES: OUNCILMEN: Krein and Clark ABSENT: COUNCILMEN: None CI 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. 69R -51 duly passed and adopted by the Anaheim City Council on January 28, 1969.