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63-0520WHEREAS, the City Planning Commission of the City of Anaheim did receive an application from EVERETT H. MILLER and ELMA M. MILLER, 220 Atlantic Avenue, Long Beach, California, for a Conditional Use Permit to construct a one and two story, multiple family planned residential development, with carports, on Portion "B" of the real property hereinafter described, establish a car wash on Portion 'A" of the real property hereinafter described, and permitting a waiver of the Anaheim Municipal Code height limita- tions for R -3 and C -1 Zones, on the property hereinafter described. Said property is situated in the City of Anaheim, County of Orange, State of California and is more particularly described as follows: PORTION "A" All that portion of the West Half of the Southwest Quarter of Section 17, Township 4 South, Range 10 West, S.B.B.& M. in the Rancho Los Coyotes, City of Anaheim, Orange County, California, described as follows: 1. The Westerly 280.00 feet of said West Half of said Southwest Quarter, excepting therefrom the Southerly 943 feet thereof. 2. The Westerly 235.00 feet of the Southerly 943 feet of said West Half of said Southwest Quarter, excepting therefrom the Southerly 403 feet thereof. 3. The Westerly 200.00 feet of the Southerly 403 feet of said West Half of said Southwest Quarter, excepting therefrom the Southerly 310.00 feet thereof. PORTION "B" RESOLUTION NO. 63R -520 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 423. The West Half of the Southwest Quarter of Section 17, Township 4 South, Range 10 West, S.B.B.& M. in the Rancho Los Coyotes, City of Anaheim, Orange County, California, excepting therefrom the following described parcels: 1. The Southerly 403 feet of the Westerly 200.00 feet of said West Half of said Southwest Quarter. 2. The Northerly 540 feet of the Southerly 943 feet of the Westerly 235.00 feet of said West Half of said Southwest Quarter. 3. The Westerly 280.00 feet of said West Half of said Southwest Quarter excepting therefrom the Southerly 943 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 May 13, 1963, 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, 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. 768, Series 1962 -63, granting Conditional Use Permit No. 423, upon the condition therein set forth; and -1- 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 said Condi- tional Use Permit and did thereupon fix the 18th day of June 19 63 as the time and the Council Chamber in the CrETffill 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. S. 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 hereby sustained and that Conditional Use Permit No. 423 be, and the same is hereby, granted permitting the construction of a one and two -story multiple family planned residential development, with carports, on Portion B of the real property hereinbefore described, the establishment of a car wash on Portion "A" of the real property hereinbefore described, and permitting a waiver of the Anaheim Municipal Code height limitations for R -3 and C -1 Zones, on the respective portions of said real property hereinbefore described, subject to the following condition: -2- That this Conditional Use Permit is granted subject to compliance with all of the conditions set forth in Resolution No. 63R -519 adopted by the City Council in Reclassification Proceedings No. 62 -63 -113, with the exception of Condition No. 11, which shall not apply. 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 condition herein. THE FOREGOING RESOLUTION is approved and signed by me this 18th day of June, 1963. 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 was passed and adopted at a regular meeting of the City Council held on the 18th day of June, 1963, by the following vote of the members thereof: (SEAL) AYES: COUNCILMEN: Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Coons. AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim approved and signed said resolution on the 18th day of June, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of June, 1963. -3- IT C L E R OF THE C OF ANAHEIM