PC 76-171. ~
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RESOLUTIOt~ N0. PC76-171
A RESOLUTION OF THE ANAHEIM CiTY PLlINNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0, 1643 8E GRANTE9.
WNEREAS, the Anaheim City Planning Commission did recelve a verifled
F'etltion for Conditlonal Use Permti from DAVID RAY~ (Trustee) AND DQLLIE P. RAINS,
(Trustor) iS3Q E. Cypress, Covina, Callforn!a 91724 and JOHN BOOYY~ 2626 Pullman,
A260, Santa Ana~ Callfornla 92705 (Agent) of certaln real property situated in the
Clty of Anahelm, County of Orange, State of Californla described a~:
A purtion oE the following descri~ed land:
Yorcml 1:
Thn Eaat 165 teet o4 tl~e uust 475 feat of the IInat half o£ the Southsces~
qu.arter of tlie Soutlraest qua,rcer of Section 12, Townahip 4 South, Enngn
11 Weat, in the Rnncli~ J.oa CDyote3, ne ehavn on a aap recordej in ~nok
51, pa6e 11 of Y.iscellaneous }fnpo, recorda of Orange County. Ca1lEornia,
aaid Enst }~alE of the Southc:eat qunrter of the Soiittivcat qua:ter of said
Snctioa 12 being der.cribed ae cor-:encing at a point in ths South lina oi
seid .^section, liorth !39' 41' Eae[ 662.75 feet lrom tha Soutl~est eorne:
thcreof; thecue 2:orth 0' 13' weat 1328.09 feet to a point, thenca tlotth
89° 41' ltl" F•A6L 66~.44 4eet to a point; thence South 0~ 14' 45" £ast
1328.05 feet to q point; th¢ncn South 89" 4I~ West 662.75 feet co the
pleco of bc~inning.
E::cepting thcrefrom the South 40 lent.
Percel 2i
Thnt postion of tlia Eaat half of the Souths:cet qunrtar ef the Southweat
quarter of 5ecti.on 12. Tooroehip 4 5ou;•h, ?~ange 11 ti~lest, in the P.aucho
:,os Coyotes. as showa on a r..ap recorJed ia IIook 51, page 11 of 211ecellaneous
Mspe, recorda of Orange County~ California, desctibed as follocs:
IIcginning at a point on tha South linc of said Section, north r79' 41'
Eeoi 662.75 fr.et fraci thn Southwest cotner theYeof; thence t3arth 0' 19'
Eaet 1323.09 feec to a poipt; thence Iiorth B9' 41' 10" T'.aat 6F3.44 feet
to a poinC; thencn South 0' 14' 45" E6et 1328.~5 feeC to a point; tbence
South II9' G1' Wcat fiG2.75 feet to tba plaee of beginniag.
£xcept the Wast 495.QD feet thereoi.
Aleo ezcept the t~orth 726.00 fuet thcreof.
Aloo excepting tt~urcfram the tiatth 50 leet nf tlia 5outh 155 feat o~ tbe
Enet 28 fcat. ,
Aloo excepting therefrom the South 40 Eaet.
Parcnl 3: , ~
Tha Ilorth 72E.00 feat ot that porcion of the L•nst lialf of the Southveat
qunrter oE tl~e Souttn:cot qu.~rter of SecCioa 12, To+.v6hip 4 South, Range
11 Wcet~ in tha P~nctio Los Coyotcs, ne n'.iovn on a nap recorded in Book
S1, pago 11 oP iiloccll.~neoua taap~, recorda oE Ozanq~ County, California~
dcecribad an coc~rro~ing ec a point i.n thc South linc of said 5cction,
Nortl~ 89° 41' Enat 662.75 faet LYOm tho Southvr_at corneY thereof; thence
horth 0' 13' Ucnt 132A.0~ feet to a point; Chencn North 59' 41' 10" Fast
663.44 Lact to n point; thence South 0' Z4' 45" Pnst 1323.05.feec to a
point; thenca fiautl3 69' 41' l7eot 662.75 locst to tba plsce of beginciing.
ExeeptiaE theretrom ttie Went 495 fect.
RESOLUTIOh N0. PC7b-171
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Parcel 4s
An undivided 1/2 intcrest in [he ;~orth SO fcet of the South 155 fcet of
the fiaat 28 fcet of tha L•set hnlf of the Sou:h~est qunrter of tha S~uCh:cat
quarter of Section 12~ Tovnchip 4 South, P.enge 11 kest, in the f.ancho
Los Coyocca, es atio:an ou a mnp recorded i~ IIook 51. pagc 11 of I41sce11an~oue
~fapa, in titr. office of the Gounty ~eco=der of a3id County, to~etlier ~.~ith
a like ia[erest in tlia ctatr.r vells. pur~pin~ p1anL and equipnent situated
thereon.
Said portion is the above-described land excepting tharefrom the
following described parcel: 1'he southerly 570 feet of the above-
deacribed land excepting therefrum the northerly 121 feet of the
easterly 48 feet thereof ar.3 al.so excepting therefrom the southerly
195 f~et ci~t,lt~northerlv 316 £ee~o_~he east~r~y 'i(L fpP* hereo~,
NNEREAS, the City Planning Commisslon dld schedule a pubilc hearing at the
City Nall in the City of Anahelm on August 16, 1976, at f:3~ p.m.~ notlce of saTd
publlc hearing having been duly given as requlred by law and in accorciance wit:i the
provisions of the Anahelm Municipal Code, Chapter 18.03, to hear and con~ider
evidence for and against soid proposed condltlonal use and to investlgate and make
findings and recommendattons In comectlon therewlth; said publlc hearing having been
contlnued to the Planning Commisslon meetfng of Septcmber 13~ 1976; and
WHEREAS, said Commisslon, after due inspectlon, investigation and study made
by Itself and In ita behalf, and after due conslderation of all evidence and .*eports
offered at sald hearing. does flnd and determine the following facts:
1, That Che proposed use is groperly one for which a conditlonal use
permit is authorizcd by Codo Sectlon 18,21.050.28Q~ to wit: permTt a publlc
recreatlonel facllity, with walver of:
SECTIONS 18.21.061.02Q - Minimum buildin site wldth ~nd fronta e.
AND 18.01.1;0 ~ 0 eet requ re ; no rontage prnp~se
2, That thc above-mentloned walv~r is hereby granted on the basis that
Portion B of the sub)ect proRerty may become a eeparate Farsel for development
purposes. in which case the petltioner stipulated to the recordatlon af a 33~foot
wide access over Portlon A of subJect property to Port(on B~ unless Partia+ B shall
be developed as a park slte, in which event access shall be requlred fran the north
of subJe..t property and the easement mey then ba terminated.
3, That the petitluner stlpulated to retaTning a sotls engineering
consultant i`o~' the first one-year perfod foltowing final buliding and zaning
tnspactions on the propoeed pro)ect~ said consultant being retalned for the purpose
of monitoring and recommending any additlonal control systems, devices or measures in
connection with the underly9ng methane gases; and that~ during sald one-year time
perlod, the potittoner will Install and bear the costs of any and all sYstems,
devices or measures as may be reeommcnded by the solis engineertng consultant~ to
insure the sa4ety of the oscupants of the subJect ~roperty; and, more specificaily,
if a lateral conYrol system Is lndicated to be ~squlred by the monitoring system,
said system shaTl be installed prior to the end of the specified one-year time
period.
4, That the pr.tltioner stipulated that all lighiing of the prop~sed tennis
courts will be downllghted and dlrected away from the adJacent residentlal uses; that
the llghttng immedlately ad)acent to the residentlal uses shall be shut down no later
than the hour af 9:00 p.m.; and that the iighting of the interior Cennis courts shall
be shut down no tater thari the hour of 10;00 p.m.
5, That the P~A^n(~g Commlsslon does hereby detormine that an e4fective
buffer strip shall be provided adJacent to the moblle home park to protect thc
residentlal intec~r•Ity of sald park.
6. That the proposed uee will not adversely affect tne adJointng land uses
and the grawth enJ dcvelopment o} the erea in which lt Is pro;~osed to be located.
-Z- RESOLUTION N0, PC76-171
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7. That the size and shape of the site proposed for the use is adequate to
altow the full development of the proposed use In a manner not detrTmental to the
particular area nor to the peace~ health, safety, and gener3l welfare of the Citizens
of the City of Anahelm.
$. That the granting of the Conditional Use Permit under the condltions
imposed~ If any, wilt not be detrimentai to the peace, health. safety and general
welfare of tha Cltizens of the Clty of Ana~eim.
9, That two (2) persons appeared, representing approximately thirty (3~)
persons preeent at sald Fublic hearing ln oppositTon; a~d that two (2) petlttons,
containing a total of approxlmately 219 signature~ of area resldents and property
oNmers 1n opposition, were received aC the public hearing.
ENVIRONMEN7AL iMPACT REPORT fiNDING: Thet Envfronmental Impact Report No.
183 and Addendum thereto, having been consldered this date by the Anaheim Clty
°lanning Commisslon and evidence, hoth written and oral, having been presented to
supolement said draft EIR No. 183, the Planning Canmisslon belicvr,s that said draft
EIR No. i83 does conform to the Clty and State Guidellnes and the Statc of California
Environmental Quality Act and, based upon such lnformation, does hereby recommend to
the City Council of the City of Anahelm that they certlfy sald EIR No. 183 (s ln
compllance with sald Enr•~ronmental Quality Act.
NOW, THEREFORE, BE ET RESOLVED that the Anahelm Ctty Planning tommisslon
does hercby grant subJect Petitiart for Condit)onal Use Permit. upon the fullowing
co~dltions which are herehy found to be a necessary prerequlsite to the proposed use
of the subJect property in orde~ to preservc the safety and generel welfare of the
Citlzcns of the City of Anahclm:
1. That trash storage areas shall be providCd in accordance with approved
plens on file with the Office of the Director of Public Works.
2, That fire hydrants shall be installed and charged as required and
determined to be necessary by the Chlef of the Flre Department prior to commencement
of structurai framing.
3. That subJect property shall be served by underground utllitles.
4. That a six-foot high mesonry watl sha11 ha constructed along the north~
east~ and west property iines.
5. Thet dralnege of sub]ect proaerty shati be disposad of ln a manner
satisfactory to the Clty Englneer.
6. In the event that subJect property Is to be dtvided for the purpose of
salo. lease or financing, a parcel map to record itse epproved division of subJect
property shall be submitted to and approved by thc Cliy of Anahelm and then be
recorded In the Office oP the Orange County Plecorder.
7, That any proposed tennis court or parking area lighting shall be down-
llghted and shall be directed eway from the property llnes to proteet the residentlel
lntegrity of the area; that the lighting 1mmcdlately adJacent to t(ie res:cmitlal uses
shail be shut down no leter than the hour of 5:00 p.m.; and thst the itghting of the
tnterior tennis courts shall be shut down no later than thn hour of 10:06 p.m., as
stipulated to by the petitioner.
8. Thni a soils englneering consultan2 sfiall be retained for the first
one-year perlod following f1na1 bullding and zoning inspections of the proposed
proJect, soid consultant being rntained for the purpose of monitoring and
recommending any addltional control systems, devlces or measures in connection with
tfie nnderlying meChene geses; and that Auring satd o~e-year time perlcd, the
petitloner sholl install and bcar the costs of any and all systems~ deviccs or
measures as may be recommended by the solls engineering consultart. to tnsure the
safety of the occupants of the subJect property; and, more specifically, tf a lateral
control system is tndtcated to be required by the monitoring system~ said system
sheil be (nstalled prlor to the end o~f the specified one-year time perlod, as
stlpulneed to by the petittoner.
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9. That, in the event the subJect property (Portion 6) shall be developed
alternatively as a par{: site, access shall be requlred frwn the north of subJect
proporty.
10. Thai suffTclent and adequate solls tests shall be submttr._,~, to the
Building Divlsion for a detennination of the requTrements for sttG construction and
Installatton of scwer and water facilities.
11, That subJect properxy ~!~all be developed precisely in accordance with
plans and speclfication~ on tllz with the City ~f Anaheim marked Exhibtt No. 1
(R~evlslon No. 1); provided, however, that en effective buffer str(p shall be provided
atong the west praperty~ line to protect the resldentlai integrity of the adJaccnt
moblle home perk, subJect to the approvat of the Planning Gortmission.
!2. 7hat Coridltion Nos, 6 and 10, above-mentioned~ shall be complTed with
prlor to the cortmenr_ement of the activity authorized under thTs resoluticn, or prtor
to the time that the; bullding psrmit ls issued~ or wtthlii a pnrlod of one (7) year
from date hereof, whichever occurs first~ or such further time a~ the City Council
may grant.
13. That Conditlon Nos. 1, 3~ 4, 5, 7, 9. and 11, abovz-mentloned~ shall be
complied with prlor to final bullding and zoning inspectfons.
THE FOREGOING RESOLUTION ts signed and approved me this 13th day of
September 1976,
H I t5 N, ANA ~1 C 1 LANN NG C MIS I S I ON
/
ATTEST:
~ ~J~
E~ HE M CI L NIN~ MM ON
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss.
CITY OF ANAHEIM ~
I, Patricia B. Scanlen~ Secretary o} the Anahelm City Planntng Cammisslon~
do hereby certify xhat the forngoing resolutlon was p~essed and adopted at a meeting
of thc Anahalm City Planning Commiselon, held on September 13~ 1976, at 1:'~0 p.ns.., by
the followin~ vate of the members thereof:
AYES: LOHMISSIONERS: BARNES, HERASI'~ KING~ MORLEY, TOLAR~ JOHNSON
NOES: COMHISSIONERS: NONE
ABSENT: COMMi5SI0NER5: FARANO
t976.
IN WITNESS NNEREOF~ I have hereunto aet my hand this 13th day of September
~it~Lt',t~t~i~~~
~ RE R~ A H M~`T~ ANN I OMM I SS I ON
-y- RESOLU710N N0. PC76-171