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63-0679RESOLUTION NO. 63R -679 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 357 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application from EMPIRE FINANCIAL CORPORA- TION, 6750 Van Nuys Boulevard, Van Nuys, California, for a Conditional Use Permit to construct a two story, planned unit, multiple- family residential development 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: The East half of the West half of the Northeast quarter of the Northeast quarter of Section 14, Township 4 South, Range 11 West in the Rancho Los Coyotes as said Section is shown on the map recorded in Book 51, Page 11 of Miscellane- ous Maps, records of said Orange County. EXCEPTING THEREFROM that portion lying Northerly of a line perpendicular to the East line of said East half at the point distant Southerly measured along said East line 243.23 feet from the Northeast corner 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 July 22 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. 836, Series 1963 -64 denying Conditional Use Permit No. 357 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 denying said Condi- tional Use Permit and did thereupon fix the 13th 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 denying__ said Conditional Use Permit be, and the same is hereby disapproved and that Conditional Use Permit No. 357 be, and the same is hereby, granted permitting the construction of a two story, planned unit, multiple family residential development, and a waiver of the one -story height limitation on the property hereinbefore described, subject to the following conditions: 1. That the owner 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- 2. That trash storage areas shall be provided in accordance with standard plans on file in the Office of the Director of Public Works and Superintendent of Streets, prior to final building inspection. 3. That subject property shall be developed sub- stantially in accordance with plans on file with the City of Anaheim, marked "Exhibits Nos. 1 and 2, Revision No. 2," and "Exhibits Nos. 3, 4, 5, 6, 7 and 8, Revision No. 1." 4. That a strip of land of a minimum width of six feet shall be landscaped and said landscaping maintained along the west boundary of subject property; that plans for said landscaping shall be submitted to and approved by the Superintendent of Parkway Maintenance, and that said landscaping shall be installed prior to final building inspection. 5. That a six -foot masonry wall shall be constructed along the northerly and easterly boundaries of subject property, where the abutting property is zoned or used for commercial purposes, and that a six -foot masonry wall shall also be constructed along the southerly boundary of subject property, said walls to be constructed prior to final building inspection. 6. That a six -foot masonry wall shall be constructed along the westerly boundary of subject property, prior to final building inspection, or that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the construction of said wall. 7. That tree wells shall be provided at approximately 40 -foot intervals adjacent to the westerly and southerly boundaries of subject property, in the park- way portion of the proposed street; that plans for said landscaping shall be submitted to and approved by the Superintendent of Parkway Maintenance; and that said landscaping shall be installed prior to final building inspection. That covenants, conditions and restrictions to insure the perpetual maintenance of Lot 29 of Tract No. 4230, Revision No. 5, approved by the City Attorney, shall be recorded as a condition of approval of subject property. 9. That this Conditional Use Permit is granted subject to the completion of reclassification Proceedings No. 62 -53 -64 now pending -3- The City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owner its kE successors or assigns to comply with the Anaheim Municipal Code and regulations and the condition(s) herein. THE FOREGOING RESOLUTION is approved and signed by me this 13th day of August 19 63 ATTEST: )(Z C Y CLERK OF THE CITY OF ANAHEIM 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 13th day of August 1963 by the following vote of the members thereof: (SEAL) AYES: COUNCILMEN: Chandler, Schutte, Krein and Coons. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Dutton. YOR OF THE CITY OF ANAHEIM AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 13th day of August 1963 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of August 1963 I` CLERK OF THE CITY OF ANAHEIM