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63-0797RESOLUTION NO. 63R -797 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 469. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a Conditional Use Permit from ELSIE M. and WILLIAM B. PURDY, C. F. KOHLENBERGER and CHARLES B. FRANK for a Conditional Use Permit to construct a two story, multiple family planned residential development, with carports, and permitting a waiver of the one -story height limitation and the side and rear yard setback requirements on the following described property situated in the City of Anaheim, County of Orange, State of California, to wit: PARCEL 1: That portion of Lot 4 of South Placentia Tract No. 2, as per map thereof recorded in Book 5, at page 42, of Mis- cellaneous Maps, records of said Orange County, described as follows: Beginning at a point in the North line of the Parcel of land described in Parcel 1 of the deed to W. L. Morris and wife dated April 11, 1940, and recorded in Book 1039, at page 285, of Official Records, in the Office of the County Recorder of said Orange County, distant thereon 445 feet Easterly from the intersection of said line, or the extension thereof, with the center line of Cypress Avenue, and running thence Easterly, along said North line, 210 feet; thence Southerly, parallel with the West line of said Lot 4, to the Southeasterly line of said parcel of land conveyed to Morris; thence Southwesterly, along said Southeasterly line to a line extending Southerly, parallel with the West line of said Lot 4, from the point of beginning; thence Northerly along said parallel line to the point of beginning. PARCEL 2: The Northerly 120.00 feet (measured along the Westerly line) of that portion of Lot 4 of South Placentia Tract No. 2, as shown on a Map recorded in Book 5, page 42 of Miscel- laneous Maps, records of Orange County, California, described as follows: Beginning at the Southwest corner of said Lot 4; thence Northerly 598.25 feet along the West line of said lot; thence Easterly parallel with the North line of said Lot to a point which is distant 340.00 feet Easterly measured along said parallel line and the extension thereof, from the center line of Cypress Avenue; thence Southerly parallel with the West line of said Lot 4 to the South- easterly line of said lot; thence Southwesterly along said Southeasterly line to the South line of said lot; thence Westerly 85.90 feet along said South line to the point of beginning. EXCEPTING THEREFROM that portion lying Westerly of a line parallel with and Easterly 215.00 feet from said center line of Cypress Avenue. -1- PARCEL 3. The Northerly 200.00 feet of that portion of Lot 4 of South Placentia Tract No. 2, as shown on a Map recorded in Book 5, page 42 of Miscellaneous Maps, records of Orange County, California, described as follows: Beginning at a point in the North line of the parcel of land described in Parcel 1 of the deed to W. L. Morris and wife, recorded April 12, 1940 in Book 1039, page 285 of Official Records, distant thereon 340 feet Easterly from the intersection of said line, or the extension thereof, with the center line of Cypress Avenue; thence Easterly, along said North line, 105 feet; thence Southerly, parallel with the West line of said Lot 4, to the Southeasterly line of said parcel of land conveyed to Morris; thence Southwesterly along said Southeasterly line to a line extending Southerly, parallel with the West line of said Lot 4 from the point of beginning; thence Northerly along said parallel line to the point of beginning. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on September 4, 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, 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. 898, Series 1963 -64, granting Conditional Use Permit No. 469, 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 granting said Conditional Use Permit and did thereupon fix the 1st day of October, 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- 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 Comis- sion granting said Conditional Use Permit be, and the same is hereby sustained, and that Conditional Use Permit No. 469 be, and the same is hereby, granted permitting the construction of a two story, multiple family planned residential development, with carports, and a waiver of the one -story height limitation and the side and rear yard setback requirements on the property hereinbefore described, subject to the following conditions: 1. 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. 2. 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. 3. 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. 4. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked "Exhibit No. 1, Revision No. 1," and "Exhibit No. 2." 5. That tree wells shall be provided at approximately forty -foot intervals in the Placentia Avenue parkway abutting subject property; that plans for said tree wells and the plantings therein 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. -3- ATTEST: 7. That the completion of these reclassification proceedings is contingent upon the granting of Conditional Use Permit No. 469. 8. That Conditions Nos. 1, 2(b), 3 and 4 above mentioned shall be complied with within a period of 180 days from date hereof, or such further time as the City Council may grant. BE IT FURTHER RESOLVED that the City Attorney be, and he is hereby authorized and directed to prepare and submit to the City Council an ordinance amending Title 18 of the Anaheim Municipal Code to accomplish the objects herein found and determined to be necessary and proper. THE FOREGOING RESOLUTION is approved and signed by me this 1st day of October, 1963. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 1st day of October, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1st day of October, 1963. 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 1st day of October, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. (SEAL)