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63-0816RESOLUTION NO. 63R -816 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 458 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a Conditional Use Permit from WILL PICKEREL and FRANK BLENDER, 2764 West Ball Road, Anaheim, California, to construct a one and two story, multiple- family planned residential development, with carports, and permitting a waiver of the one -story height limitation on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: PARCEL NO. 1: The North half of the Northwest quarter of the North- east quarter of Section 24, Township 4 South, Range 11 West, in the Rancho Los Coyotes, City of Anaheim as shown on a map thereof, recorded in Book 51, page 11, Miscellaneous Maps, records of said Orange County; EXCEPTING THEREFROM the East 793 feet thereof; ALSO EXCEPTING THEREFROM the West 338.71 feet thereof. PARCEL NO. 2: The South 330 feet of the West 66 feet of the West 132 feet of the East 793 feet of the North half of the Northwest quarter of the Northeast quarter of Section 24, in Township 4 South, Range 11 West, in the City of Anaheim, in the Rancho Los Coyotes, recorded in Book 51, page 11, Miscellaneous Maps, records of said county. PARCEL NO. 3: The South 330 feet of the East 66 feet of the West 132 feet of the East 793 feet of the North half of the North- west quarter of the Northeast quarter of Section 24, in Township 4 South, Range 11 West, in the City of Anaheim, Rancho Los Coyotes, recorded in Book 51, page 11 Mis- cellaneous Maps, records of said county. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on August 19 19 63 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, 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. 876 Series 1963 64 denying Conditional Use Permit No. 458 and WHEREAS, thereafter, within twenty -two (22) days from the date of the adoption of said resolution, the City Council did elect, upon its own motion, to review the action of the City Planning Commission in denying said Condi- tional Use Permit and did thereupon fix the 24th day of September 1963 as the time and the Council Chamber in the City Hall of the City of Anaheim as the place for a public hearing upon said Conditional Use Permit, 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 hearing and did give all persons interested therein an oppor- tunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration 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 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 Commission denying said Conditional Use Permit be, and the same is hereby disapproved and that Conditional Use Permit No. 458 be, and the same is hereby, granted permitting the construction of a one and two story, multiple family planned residential development, with carports, and permitting a waiver of the one -story height limitation on the property hereinbefore described, subject to the following conditions: 1. That the owners of subject property shall deed to the City of Anaheim a strip of land 53 feet in width, from the center line of the street, along Ball Road, for street widening purposes. -2- 2. (a) That all engineering requirements of the City of Anaheim along Ball Road -that is, in front of the proposed project and the property designated on Exhibit No. 1, Revision No. 3, as "Not a Part of Development," being the 132 feet easterly of subject property including preparation of improve- ment plans and installation 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 owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot, along Ball Road, including the 132 feet easterly of subject property, for street lighting purposes. 4. That the proposed interior street shall be improved in accordance with standard plans and specifications on file in the Office of the City Engineer, if the street is to be dedicated to the City of Anaheim; and that said dedication, if made to the City of Anaheim, shall be made in the manner and form approved and accepted by the City Attorney. 5. That subject property shall be developed substan- tially in accordance with plans on file with the City of Anaheim, marked Exhibit No. 1, Revision No. 3, and Exhibits Nos. 2 to 8, both inclusive, said plans being dated October 8, 1963 and signed by Mayor Coons; PROVIDED, HOWEVER, that the carports circled in red on Exhibit No. 1, Revision No. 3, shall be deleted. 6. That the owners of subject property shall pay to the City of Anaheim the sum of $25.00 per dwelling unit, to be used for park and recreation purposes, said amount to be paid at the time the building permit is issued. 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, prior to final building inspection. 8. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department, said fire hydrants to be installed prior to final building inspection. 9. That a six -foot masonry wall shall be constructed along the westerly, southerly and easterly boundaries of the proposed development; PROVIDED, HOWEVER, that a bond may be posted, in an amount and form satisfactory to the City, guaranteeing the construction of the walls along the easterly and westerly boundaries. 10. That tree wells shall be provided at approximately 40 -foot intervals along the proposed streets; that plans for said tree wells shall be submitted to and approved by the Superintendent of Parkway Maintenance; and that said tree wells shall be planted prior to final building inspection. 11. That the rear and side walls of the proposed carports shall be finished with exterior building materials; that enclosed storage cabinets of a minimum size of 36 by 42 inches, running the entire width of each carport, shall be provided at the rear wall of the carport, prior to final building inspection. 12. That this Conditional Use Permit is granted subject to the completion of Reclassification Proceedings No. 63 -64 -16 now pending. The City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owners, their 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 8th day of October, 1963. TEST: C ER F THE CITY OF ANAHEIM 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. 63R �816 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 8th day of October, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMAN: Schutte AND I FURTHER CERTIFY THAT the Mayor of the City of Anaheim approved and signed said Resolution No. 63R -816 on the 8th day of October, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 8th day of October, 1963. .(SEAL) CIT CLERK OF THE CITY OF ANAHEIM