PC 79-106t ;~
RESOWTI01~ tJO. PC79-106
A RE50LUT 10-J OF THE AIJAHE It1 C ITY PLANN I NG LOt1ti I SS I0t!
Tlil1T PETlTIOtI FOR CONDITIONAL USE PERMIT N0, i?73 BE GRA~ITED
WNEREAS, the Anaheim City Planniny Caamission did receive a verified
Petttion for Conditional Use Pernit frorn TEXACO AtIAHEIN Ii1LL5, ItJC., 380 Anahetm
Hills Road, Anahelm, Caiifornla, 92807, oarner, and ANAt1El!1 NILLS, I~IC., 3£30 Anaheim
Hills Road, Anaheim, California ~2807. agent, of certain real property situated in
the City of Rnaheim, County of Orange, State of California, described as:
That portion of tlie~ lands allotted to Haria Jesus Pcralta dc
Lopas, Maria Pcralta de Alvarez and Paula Peralta dc Dominqucz, as
described in the Final Decree of Partitlon of the Rancho Santiago
de Sania Ana, which was entered September 12, 1863 Tn book "~",
page 41~ of Judgments of Che District Couri of the 17ih Judicial
Distric[ in and for Los Angeles County, California, being
subdivided as TRIICT 1~713; and
That poriion of the l~nds allotted to N~ria Jesus Peralta de
Lopas, Haria Peral[a de Alvarez and Paula Peral[a de Dominquez, as
described 1n the fi~al Decree of Parti[ion of tne Rancho Santiago
de Santa Ana, which was entcred September 12, 1868 in hook "B",
pagc 410 of Judgments of the District Courc fn and for Los Anaeles
County, Galifornia, bcing subdivided as Tract No. 1~408,
NHEREAS, the Lity Pianniny Commission did h
Hatl in the City of Anaheir~ on June 4, 1979, at 1:3~
hearing having been duly given as requir~d by
provisions of the Anahcim Municipal Code, Chao[cr
eviderce for and against satd proposed conditlonal
findings and recommendations in conrsection therewith;
~ld a public hearing at the Lity
p.n., notice of said public
la~+ and in accordance with the
1$.03, to hear anci consider
use and to investigate and make
and
WtIEREAS, said Gommtssion, aftcr due inspection, investigation and study made
by i[self and in tts behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determinc the following facts:
i. That tFe proposed use is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Sec[ion 18.24.OSO.ObO to wit: *_o
permit a 53-untt condanintum subdivision with a waiver of:
SECTlONS 18.31.062.012 and 18.24.OSQ.OEO - Maxtmum structural height.
~1 stor~~ permitted within
150 e t of RS-HS-10,000(SC) zoning;
2 stories praposed)
PC7~-106
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2. That the proposed use is hereby gran[ed sul~Ject to the petfttoner's
sttpulation that precise plans stiall be revlewed and approved by the Planning
Cor,mission prior to issuance of ? buildin9 permit.
3. That the requcsted r~aiver is hereby granted on thc basis of the unusuat
topography of the property which consists of tiilly terrain and a substantial grade
differential beto+een the proposed conCominium uni[s and thc existing singie-family
residences on adjacent properti~s; and on the basis [hat denial wouid be depriving
subject property of a privilege being enjoyed by other propertles under identical
zoning classiflcatlon in the vicinity,
~+. That the proposed usc ~•rill not adversely affect the adJoining land uses
and the grow[h and developm~~t of the area in which it is proposed to be located.
5. That the size and shapc of thc sfte proposed fior the use is adequate to
allow the full development of [hc proposed usc in a manncr not detrimental to the
particular area nor to the peace, health, safety, and general welfare of [he Citize~s
of the City of Anahcim.
6. That the granting of the Conditional Use Permit under the conditions
imposed, if any, ~aill not be detrimental to the peacc, health, safety and general
welfare of the Cltizens of the City of Anahcim.
7. That thc traffic generated by thc proposed use will not imposc an undue
burden upon the streets and hiyhv~ays designed and improved to carry the traffic in
the arca.
8. That 2 persons indicated their presence at said public hearing in
oppositfon; and that no correspondence was recelved in opposition to the subject
petition.
EIlVIRONHENTAL IMPALT fINDiNG: That Addendum No. 5 of Environnental Impact
Reoort No. 21 or thc proposed suhdivi~to~ of Tentativc Tract No. 10403 Info tti++~ ne~•~
tracts, Plos. 1040C~ and 10713, havirtg becn considered this datc by the Anaheim City
Planning Commission and evidence. both wrttten and oral, having becn presented to
supplement Addendum No. 5 of EIR No. 218, finds that potential proJec[-generated
environmental lmpacts have been reduced to an acceptable levei by confarmance wtth
City plans, policies and ordinances; that kddendum No. 5 of EIP, ~~o. 218 is in
compliance with the California Environmentai Quality Act and Ctty and S[ate EIR
Guidelines; thereforc, based upon such informatton the Anaheim City Planning
Conmission does certify Addendum No. 5 of EIR No. 21II.
~l041, THEREFORE, QE IT RESOLVED that che Anahcim Lity Planntng Comm(ssion
does hereby grant subject Petition for Condittonal Use Permit, upo~ the followTng
conditions ~ihich are hereby found to be a necessary prerEqutsite to the proposed use
of the subJect property in order to preserve thc safety and general welfare of the
Citizens of the City of Anaheim:
1. That this Conditionai Use Permit is granted subject to the recordatlon
of the final map of Tract t~o. 10713.
-2- . PC79-106
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2. That subject property shall be devaloped substantially in accordance
with plans and specifications on file with the Ctty of Anahetm marked Exhibtt Fios. 1
through 8, and that final precise plans shall be subnftted to and approved by the
Pla~ning Commission prior to issuance of a buildin~ permit.
OE IT FURTHER RESOLVED tha[ the Anaheim Lity Pianning Conmisslon does hereby
find and detcrmine that adoption of this Resolueion is expressly predicated upon
appticant's compliance oifth each and alt of the conditions hereinabove sei forth.
Should any such condition, or any part thereo`, he declared invali~ or unenforceabte
by the final Judgment of any court of com~e[ent jurisdiction, then this ResolutTon,
and any approvals herc(n co~tained, shall be deened nul) and void.
TIIE FOP.EGOING RESOlUT10!! is signed and appr ed by his 4th day of June,
197~.
tt ~, .~A E N CITY PLANNING COMMISSION
ATTEST:
~~.~~ .~ ~.
SLCRETARY, ANAHEIM CITY PLAtINING COMMISSION
STATE OF CALIFORNIA )
COUt~TY OF ORA!!GE ) ss.
CITY OF ANAHEIH )
I, Edith L. Harris, Secretary of the Anaheim C(ty Planning Lommissian, do
hercby cer[ify [hat the foregoing resolution was passed and adopted at a meeting of
the Anahelm City Planntng Corrdnission hcld on June 4, 197?, by thc foilowing vote of
the members thcreof:
AYFS: CaY1115510NER5: (1ARNE5, BUSHORE, DAVID, NERBST. Y.I~~G
NOES: COHMISSIOrJERS: JOHNSON, TOLAR
ABSENT: COMH15510t1ER5: NOt:E
lH UITt1E55 WNEREDF, I havc hereunto set my hand this kth day of June, 1974.
`~~~ ~ ~ ~,~...:,
SECP,ETARY ~ A11AHE 1 M C I TY PLAN~~ I NG COMM I SS I ON
-3- PC73-106