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63-0714RESOLUTION NO. 63R 714 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 449 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application from ERNEST G. HEYDEMAN, CATHERINE HEYDEMAN, and SAMUEL KATZ, ET AL., for a Conditional Use Permit 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 1: The West 8 acres of Lot 12 and all of Lot 13 in Block 9 of Golden State Tract, as shown on a Map recorded in Book 4, pages 66 and 67 of Miscellaneous Maps, records of Orange County, California. EXCEPTING THEREFROM that portion of Lot 13 conveyed to the State of California, by deed recorded December 23, 1955 in Book 3328, page 123 of Official Records. ALSO EXCEPTING THEREFROM that portion of Lot 12 conveyed to the State of California by deed recorded December 19, 1962 in Book 6365, page 349 of Official Records. PARCEL 2: Lot 12 in Block 9 of the Golden State Tract, as shown on a map recorded in Book 4, pages 66 and 67 of Miscellaneous Maps, records of Orange County, California. EXCEPTING THEREFROM the West 8 acres. ALSO EXCEPTING THEREFROM that portion described in a deed to the State of California recorded on December 5, 1962 in Book 6347, page 443 of Official Records. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on July 2 2 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, 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. 841, Series 1961 granting Conditional Use Permit No. 449, subject to the conditions therein set forth 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 franting said Condi- tional Use Permit and did thereupon fix the 27th day of August 19 63 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 granting said Conditional Use Permit be, and the same is ereby sustained and that Conditional Use Permit No. 449 be, and the same is hereby, granted permitting a waiver of the one -story height limitation and construction of a one and two story, multiple- family planned residential development, with carports, on the property hereinbefore described, subject to the following conditions: 1. That a six -foot masonry wall shall be constructed along the westerly boundary of subject property adjacent to the Riverside Freeway, prior to final building inspection. -2- 2. That a six -foot masonry wall shall be constructed along the property line abutting the Anaheim Road right of way, except at the intersection of "B" Street; that appropriate landscaping, including irrigation facilities, shall be installed in the parkway portion of Anaheim Road; and that trees shall be planted in tree wells spaced at 40 -foot intervals. That said landscaping shall be subject to approval of the City, and after installation, shall be maintained by the City. 3. That this Conditional Use Permit is granted subject to the completion of Reclassification Proceedings No. 63 -64 -5 now pending and to the recordation of the Final Map of Tract No. 5231. 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 27th day of August, 1963. ATTEST: I CLE F THE C TY I 0 ANAHEIM YOR OF THE CI 1 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 63R -714, was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 27th day of August, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Chandler, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton and Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 63R -714, on the 27th day of August, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 27tl day of August, 1963. C CLERK OF THE CITY OF ANAHEIM