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1974-022RESOLUTION NO. 74R -22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1431 IN PART. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from Anaheim Hills, Inc., owner, to establish a 5 unit planned residential development on the following described property: Beginning at the point of beginning of Parcel 10 of the land described in the deed to the City of Anaheim, recorded November 19, 1964 as Document 16857 in Book 7309, page 776 of Official Records of said Orange County, said point being in a curve concave Southwester- ly and having a radius of 142.00 feet, a radial line of said curve through said point bears North 35° 00' 00" East; thence N 25° 00' 00" W along the boundary of said Parcel 10 a distance of 25.00 feet and N 56° 00' 00" W 83.00 feet; thence N 59° 27' 12" E 373.69 feet; thence S 58° 24' 53" E 238.75 feet to the Easterly line of the 50.00 foot wide easement described in the deed to the Metropolitan Water District of Southern California, recorded August 18, 1955 as Document No. 101263 in Book 3179, page 22 of Official Records of said Orange County; thence along said Easterly line S 31° 35' 07" W 154.93 feet and S 20° 02' 06" W 190.00 feet; thence N 69° 57' 54" W 257.40 feet to a point in the South- easterly continuation of the hereinabove curve cited as concave Southwesterly and having a radius of 142.00 feet, said curve also being coincident with the boundary of Parcel 6 as described in'said deed recorded as Document 16857,,a radial line to said point bears S 78° 38' 27" W; thence Northwesterly along said curve through a central angle of 43° 38' 27" a distance of 108.16 feet to the point of beginning. Containing an area of 2.8 acres more or less. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on December 20 1973 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, inves- tigation 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. PC73_2'556 Series grn -.;ng, in part, Conditional Use Permit Nb. 1431 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 granting, in part, said conditional use permit and did thereupon fix the 22nd day of January, 1974, 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 notice 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 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 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 Com- mission granting, in part, said conditional use permit be, and the same is hereby sustained, and that Conditional Use Permit No. 1431 be, and the same is hereby, granted, in part, permit- ting a 5 unit planned Residential Development on the afore- described property subject to the following conditions: -2- 1. That trash storage areas shall be provided in accordance with plans on file with the office of the Director of Public Works. 2. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 3. That subject property shall be served by under- ground utilities. 4. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading will be permitted between October 15th and April 15th unless all required off -site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right -of -way for off -site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to commencement of grading opera- tions. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be function- al throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 5. That grading, excavation, and all other construc- tion activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project. 6. That public utility easements shall be granted as required by the Director of Public Utilities. 7. That this conditional use permit shall remain in full force and effect until Final Map of Tract No. 8514 has been recorded and final reading of the ordinance rezoning this property has been accomplished. 8. That a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the removal of the models in the event Final Map of Tract No. 8514 is not recorded. Said bond shall also include an amount sufficient to guarantee the removal of landscaping and improve- ments within the future right -of -way of Morning Glory Lane. 9. That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim marked Exhibits Nos. 1, .2, 3 and 4. 10. That Conditions Nos. 1, 3, 4, 5, 6, 8 and 9, above mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. -3- The City Council hereby reserves the right to revoke such. Conditional Use Permit for good cause or failure of said owner, its 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 22nd day of January, 1974. ATTEST: )2'7. C� CITY CLERK OF THE CITY OF ANAHEIM (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, ALONA M. FARRENS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 74R -22 was passed and adopted at a regular meeting of the City Council held on the 22nd day of January 1974 by the following vote of the members thereof: AYES: COUNCILMEN: STEPHENSON, SNEEGAS, PEBLEY, and DUTTON NOES: COUNCILMEN: THOM ABSENT: COUNCILMEN: NONE FAL:jh -4- YOR OF THE C TY OF ANAHEIM AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 22nd day of January 1974 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of January 1974 CITY CLERK OF THE CITY OF ANAHEIM I, ALONA M. FARRENS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 74R -22 duly passed and adopted by the Anaheim City Council on January 22, 1974. City Clerk