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1981-324RESOLUTION N0. 81R-324 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM QRANTIN(3, IN PART, CONDITIONAL USE PERMIT NO. 2195. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from M. J. BROOK & SONS, INC., owner, to permit a hospital parking lot on certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOTS 1 TO 7 INCLUSIVE, LOTS 13 TO 24 INCLUSIVE AND LOTS 39 TO 43 INCLUSIVE, ALL OF TRACT NO. 8796, AS SHOWN ON A MAP RECORDED IN BOOK 434, PAGES 24 AND 25 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; and -1- ATTY-26 (PS9e 1 of 2 Pages) WIiEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as re- quired by law and the provisions of Tftle 18, Chapter 18.A3 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investi- gation 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. PC81-92 , granting, in part. Conditional Use Permit No. 21~' and WIiEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; 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 opportunity to be heard and did receive evidence and reports; and WIiEREAS, the City Council finds, after careful consider- ation 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 im- pose 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 a ti in art said conditional use permit be, and the same is ere y, affirmed and that Conditional Use Permit No. 2195 be, and the same. s ereby, granted permitting a hospital pa- rki g lot on-the hereinabove described property, subject to-the following conditions: ~- 2- ATTY-26 (Page 2 of 2 Pages) 1. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim prior to approval of_ a final tract map. 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 the intended use of the prop- erty. 3. That subject property shall be served by underground utilities. 4. That a modified cul-de-sac, or other configuration as approved by the City Engineer, shall be constructed at the easterly terminus of Outrigger inlay (Parcel 1 and Parcel 2), and that a bond in an amount and form approved by the City of Anaheim shall be posted with the City of Anaheim prior to approval of_ the final par- cel map to guarantee the construction prior to beginning the in- tended use of the property. 5. That street names be reassigned as approved by the Planning Department prior to approval of the .f_inal parcel map. 6. In the event that subject property is to be divided for the purpose of sale, lease, or financing, a parcel map, to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the off ice of the Orange County Recorder. 7. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhi'cit Nos. 1 and 2. 8. That Condition Nos. 3, 4 and 7, above-mentioned, shall be complied with prior to final building and zoning inspections. 9. That Martin Luther Hospital shall enter into an agree- ment with the Anaheim Shores Owner's Association that, if, within ten (10) years from the date hereof, Martin Luther Hospital or any successor thereto, should seek to build a multi-level parking structure or structures, said structure or structures s;nall be developed on property other than that which is the subject of this permit and any such structure shall be buffered from surrounding residential properties. The aforesaid development shall precede the application for any permits to construct a multi-level parking structure on the property which is the subject of this permit and legally described herein. -3- 10. That the proposed plan for the landscaping treatment of the property and the street treatment for the three (3) lots immediately to the westerly extension of the property line on Leeward shall be refined and agreed upon through cooperative ef- forts of the Hospital and representatives from the homewoners and M. J. Brock & Sons, Inc. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicants' compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7th day of July, 1981. ATTES'T' : l CITY CLERK OF HE ~I'1'Y OF ANAHEIM JL[a: fm -4- ''""*,. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 81R-324 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 7th day of July, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. S1R=324 on the 7th day of July, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and aff fixed the seal of the City of Anaheim this 7th day of July, 1981. ~,~ ~• jJ]~ - CITY CL'~,RK OF THE CITY OF ANAHEIM (SEAL) I, LINDA D. KOBERTS, City Clerk of the City of Anaheim, do hereby certify that the forego~.rg is the original of Resolution No. 81R-324 duly passed and adopted by the Anaheim City Council on July 7, 1981. ~~~ ~~ CITY C?,iRK