PC 73-256: ' ". ~ ~
RESOLUT~ON N0. PG73-256
A RESOLUTION OF THE CITY P:.ANNING COBIMISSIO~i rJE' THE CITY OF AN:RI~IEIM
THAT PETITION FOR CONDITIONAL USE PERMIT 1'~~3~1 BE ~RAaiH;t~D TN PART
WHEREAS, the City Plenning Com~'sssipg c~f th5 Cit, of. Anaheim did receive e vPrified Pc>'•:lon fot Con-
ditior.a! `Jse Permit Erom ANAHEIM iii.'Li,S~ iNCURPOR1TuD A.ND T~F.ncA:: ~IENTtT2~s, IrCORPOL2ATE?'•, J80
~~ah+:i~r Si4.'a>~ Roa~, ~S:^ArE.'2Ftfy •~yCr~.`L~4YS1~8 ~280?, Orniex; ~ :~ = >."'U2:5ULIAATED, INCORi~iltcATED,
~.s~:. G~~arus ~ri~~, :"rvit~ ::g.{i:~`cnx,'+ 42664, Agent o~: cer< ~'•~al propertti situnted
w,.s eh~ Ci.Cy- ~f ~na~ ~i:~, `'n ~~y •~~f OEa:~,gM.. State of ~:`° Lfor .,., ras described iCi ~xhibit
"A'" aicached hereto and re"~:.~..v, ~.a ':nt;rein as th~.;.;i': aet 'i ..~th in full
; and
WHEREAS, the City Planning Commission did hold a public hearing at the CityHall in the City of Anaheim
on December 10, 1973, at 2:00 o'clock P.M., notice of said public hearing heving been duly gicen
as required by law and in accordance with the provisions of the Anaheim hlunicipel code, Chapter 18.64, to hear
and consider evidence for and against said proposed conditional use and to investi,gete and malce findings and
recommendations in connection therewith; and
WHEREAS, seid Commission, efter due inspection, investigation, and study made by itself and in its be-
half, and after due consideration oE all evidence and reports offered at seid hearing, does find and determine the
Eollowing Eacts:
1. That the proposed use is properly one for which a Conditionel Use Permit is euthorized by Code Section
18.28.040(1) to wit: establish a five-unit pianned residential developmer,t to be used as
a model complex with sales office, with waiver of:
a. SECTION 18:62:04~5. - Maximum si n area. (20 s<uare feet permitted;
approx mate~~square eet proposed)
2, That the propos~d use, as granted, 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. That the size and shape of the site proposed for the use, as granted, is ade-
quate to allow the fu11 development of the groposed use in a manner not detrimental to
the particular area nor to the peace, health, safety, and general welfare of the Citizens
of the City of'Anaheim.
4. That the Conditional Use Permit, as granted,under the conditions imposed, if any,
will not be deCrimental to the peace, health, safety, and general welfare of the Citizens
of the City of Anaheim.
5. That Waiver 1-a, above-mentioned, is hereby denied an the basis that thc peti-
tioner did not prove a hardshi~ would be created if said waiver was not granted and that
approval of this request for waiver would create a precedent for future similar requests.
6, That three (3) persons apj.~eared in oppositior_, one of whom regresented the
Orange Unified School District; and one telegram was received in opposition. •
ENVIRONMENTAL IMPACT REPORT FIIvllING:
That the Planning,Commission, in connection with the filing of Environmental Impact
Report No. 105, recommends to the City Counc3l that said report be adopted ac the Council~s
Environmental Impact Statement, with the specific finding that the EIR is in complete and
Cotal c:;cnpliance with the Environmental Qu~lity Act of the State of California; that the'
report, in every way, follows the City~s Estab],LShed Guidelines to the Requirements for
the Filing of an '6nvironmental Impact Report; and that the Planning Commission has rea~;
analyze9 and assimilated EIR No. 105 and, therefore, has made the aforementioned findinge,.
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LEGAL DESCRIPTIOP~ Of- MODEL HOP1E SITE IN ''
TENTATIVE TRt1CT t•~0. .8514 • ~
~. A parcel of land in the.City of Anaheim, County of Orange, State of
y California, being a portion of the land allotted to Paula Peralta de Dominguez
g as described in the final decreeee of partition of the Rancho Santiago,de Santa.
y Ana, which was entered September 12, 1868 in Book "B", page 410, of Judgments
5 of the ~istrict Court of the 17th Judicial District in and for Los Angeles
6 County, California, described as follo~~+s:
j Beginning at the point of.beginning oL Parcel 10 of the land described in
8 the deed to the City of Anaheim, recorded Pl~vember 19y 1964 as Document 16857
9 in Book 7309, page'776 of Official Records of said Orange County, said point
p being in a curve concave South~~resterly and having a radius of 142,00 feet, a.
1 radial line of said curve through said point bears North 35° 00' 00" East;
2 thence N 25° 00' 00" lJ al~ng the boundary of said Parcel 10 a distance of
~3 25.Q0 feet and N 56° 00' 00" 4J 83.OQ feet; thence P~ 59° 27' 12" E 373.69 feet;
~ k thence S 58° 24` 53" E 238.75 feet t:~ the Easterly line of the 50,00 foot ~~~ide
15 easement described in the deed to the Metropolitan l~later District of Southern
16 Ca?9fornia, recc~rded August 18, 1955 as Dor,ument Plo. 1Q1263~in Book 3179.
17 page 22 of Official Records of said Orange County; thence along said Easterly
~8 line S 31° 35' 07" 1•J 154.93 feet and S 20° 02' 06" 4! 190,00 feet; thence
19 ~ 69° 57' S4" W 257.40 feet to a point in the Southeasterly continuati~n c,f the
0 hereinabove curve cited as concave Southwesterly and having a radius of 142.00
~~ feet, said curve also being coincident v~ith the boundary of Parcel 6 as
~2z described in said deed recorded as Document 16857, a radial line to said point
z3 bears S 78° 38' 27" 41; thence Northa~esterly along said curve through a central
2~- ang7e of 43° 38' 27" a distance of 10a.16 feet to the point of beginning.
25 Containing an area of 2.8'acres more or less.
626
27 `---- -
28
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CU(~1D. llSE P~RE~I{T f~Q. ~p-''~~
I v~-N orange county
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NOW, THEREFORE, BE IT RESOLVED that Che Anaheim C~L'ty Planning Commission does hereby
grant in part subject Petition for Conditional Use Permit, upon the following conditions
which are hereby found to be a nenessar.y prerequisite to the proposed use of the subject
property in order to preserve the safety and general welfare of the Citizens of the CLty
of Anaheim:
(1) That trash storage areas shall be provided in accordance with plans on file with
the office of *_he Director of Public Works.
(2} That Eire l~ydrants shali Ue installed and charged as required and determined to
be necessary by the Chief of the Fire Department prior to cormnencement of structurel fram-
ing.
(3) That subject property shall be served by underground 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 reqn2red to
necessitate a grading permit, no work on grading wili be permitted between October 15Ch
and April 15th unless aIl 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 Oct•ober 15th. Necessary right-of-way for off-site drainage
facilities sha11 be dedicated to the CYty, or the City Counci.l shall have ?,.nitiated con-
demnation proceedings therefor ('~he costs of which shall be borne by the developer) prior
to commencement of grading operations. The required drainage facilities shall be of a
size and type sufficient to carry runoff w'aters originat5.ng Fx'om higher properties Chrough
said property to uitimate disposal as approved by the CiY.;~ Ei:gineer. Said drainage facili-
ties shall Ue the first item of construction and shall hr_ com~lr,ts~! and be func~&onal
throughout the tract and £~~om the downstream boundary ot '4he pc~pe_'~Y to the ultimate point
of disposal prior to the. issuance of any fir.,~l building inspe~.t'.ans or occupa^~y oermits.
Drainage district reimbursement agreem~nts may be made ~vailab'1e to the developers of said
property upon their request.
(5) That grading, excavation, and all atner construction activities shall be con-
ducted in such a manner so as to minimize the possibilitjS3!of any silt originating from
this project being carried inCo the Santa Ana River by storm water originating from or
flowing through this project.
(6) That public uti?:t~% easements sha11 be granted as required by the Director of
~+ublic Utilities.
(7) That this conditional use permit shall remein in full force and effect until
Final Map oE 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 saCisfactory to the City of Anaheim shall be
posted with the City to guarantee the reiaoval of the models in the event Final Map of
Tract No. 8514 ia not recorded. Said bond shal'1 also include an amount sufiicient to
guarantee the removal of landscaping and improvements within the future right-of-way of
Morning Glory Lane.
(9) That sub~ect properl•y shall be developed suUstantially in accordence with planf~
and specifications on file with the City of Amaheim merked Exhibit Nos. 1, 2, 3 and 4.
(~.0) That Condition Nos. 1, 3, 4, 5, 6, 8 and 9, above-mentioned, shall be complied
with prior to the commencement of the activi~y 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.
THE POREGOING RESOLUTION is sigr;ed and approved by me this 20th dap o£ December, 1973.
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f~~.~,C/,~~~-~~~ .~ ic~~c2 ~
CHAIRMAN ANAHE~i CITY PLANNING COMM2S~IDAi
ATTEST:
?"~~1,t.c,i~ ~ ~~rt-~Qtic~
SECRETARY PRO TEM ANAI~IM CITY PLANNING COMMISSION
RESOLUTION N0. PC73-256 -2'
I•:..,
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, PaCricia B. Scanlan, S2cretary pro tem of the City Planning Commisaion of the City
of Anaheim, do herebp certify that the foregoing resolution Was passed and adopted at a
meeting of the City Planning Coc¢nission of the City of Anaheim, held on December 10, 1973,
ai 2:00 o'clock p.m., by the following vote of the members thereof:
AYES: COI~fISSIONERS: GAUER, I~RBST, KING, SEYMOUR.
NOES: COMMISSIONERS: ALLRED, FARANO.
ABSENT: COMMISSIONERS: ROWLAND.
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of December, 1973.
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SECRETARY PRO TEM ANAHEIM CITY PLANNING COMMI5SION
RESOLUTION N0, PC73-256 -3-