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PC 79-22RESOLUTION N0. PG79-ZZ A RESOLUTION OF THF ANAHEIM CITY PLANNING LOMMISSION THAT PETITION FOR CONDITIONAL USE PERHIT N0. 1935 BE GRANTED uHEREAS, the Rnahefm City Planning Commission dtd receive a verified Petition for Conditional Use Permit from TEXACO-ANAHEIM HiLLS, INC., 380 Anaheim Hills Road, Anaheim, California, 92807, owner, and JENNINGS-HALDERMAN-HOOD, 540 North Golden Circle Orive, Suite 111, Santa Ana, California 92705, agent, of certatn real property situated in the Cicy of Anaheim, County of Orange, State of Californta, described as: Commencirg at the southeasterly corner of Tract No. 8533. also being the southerly [erminus of the easterly iine of Imperial Highway as shown on a map of said tract recorded In Book 393. Pages 47 throu9h 4?, tnclusive of miscellaneous maps in the office of the County Recorder of said Orange County; thenca alona the southeriy prolongation of the eas[erly lfne of said Imperial Highway South 10° 39' 48" West 516.14 feet to the true poi~t oF beginning; thence continuing South 10° 39' 48" West li,OE feet Co a tanaent curve concave Northwesterly having a radius of 1200.00 feet; thence southwesterly alon9 the arc of said curve through a central angle of 46° lo' 43" an arc distance of 513.45 feet; thence along the southeasterly prolongation of a iine rad(al to safd curve South 33° 00' 24" East 53.00 feet; thence South 275.78 feet rwre or less to a pofnt on that ccrta(n course descrfbed as "South 72°~' 24' 30" Nest 1176.6? feet" in the northwesterly line of Parcel 1 of the right-of-way easement to Southern California Edison Company as described in deed recorded December 23, 1968 in Book 8824, Page 1° of official records; thence along said northwesterly line North 72~ 24' S2" East 876.00 feet more or less to an angle point in said northwesterly ltne; thence leaving said northwesterly line North 110 36' S0" Eas~ 391.21 feet more or less [o a point lying South 7~? 2Q' 12" East 446.55 feet and South 3° 24' 21" West 378.67 feet f~om [he true pofnt of br.yl~ning; [hence Morth 3° 24' 2!" East 3%g.~7 feet~ thence 79° 20' 12" West 446.55 feet to the Crue polnt of be9lnning. WHEREAS. the City Plannin9 Commission did hoid a publtc hearing at the City Nall in the City of Anaheim on January 29, 1979. at 1:30 p.m., nottce of said public hearing having been duly given as required by law and ln accordance with the provisions of the Anah~im Municipal Code, Chapter 18.03, to hear and conslder evldence for and against said proposed conditional use and to tnvestigate and make findings and recommendatlons in connection therewith; and WHEREAS. sald Commission, after due inspectlon, lnvestigation and study made by itself and in its behalf~ and after due consideration of all evidence and reports offercd at said hearing. does find and determine the following facts: 1. That the proposed use is properly one for whtch a conditional use per- mlt is authorized by Anahelm Munictpal Code Section 18.24.050.060 to wit: tco permit a 25-unit residential pla~ned untt development with waivers of: PC79-22 a. SECTION 18.01.130 - Re uirement that all lots abut a ubiic street. 5 ots o not abut a pub c street or a ey b. SECTION 18.31.062.012 - Maximum structural hei ht. One scor perm tted within 150 feet of s ngle- amity residentlal zoning; two stories proposed) c. SECTION 18.31.063.020 - Minimum side ~~ard setback. 10 9 and 5 e~ et requlred; 0, s and 5 eet proposed) 2. That the above-mentioned waiver (a) ts hereby granted on the basis that this is a residential planned unit development and adequate and safe access will be provided to all lots and that denfal would be depriving subJect property of a privilege being enJoyed by other resldential ptanned unit developments in the hill and ca~yon area. 3. That waivers (b) and (c) are hereby granted on the basis that similar walvers have previously been granted for simtlar development proposals. 4. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in whtch it is proposed to be located. 5. That ihe size and shape of the site prooosed for the use is adequate to allow the full development of tfie proposed use in a manner not detrimen[al to the particular area nor to the peace, health, safety, and general welfare of the Ci[izens of the City of Anaheim. 6. That the granting of [he Conditional Use Permit under the conditions imposed, tf any, will not be detrtmental to the peace, health, safety and general welfare of the Cltizens of the City of Anahetm. 7, That no one indtcaced their presence at said public hearing in opposition; and that no correspondence was received in oppositton [o the subjec[ peti[ion. ENVIRONMEN7AL lMPACT FINDING: That Environmental (mpact Report No. 224 for the proposed development o a 25-unit RS-HS-10~000 residentla) planned unit development in connection with Tentative Tract No. 101E7, having been considered this da[e by the Anahetm City Planning Commisston and evidence, both written and oral, having been presented to supplement draft EIR No. 224, finds that potentlal project- generated environmental impacts may be reduced to an tnsl9niflcant level by conformance with City plans~ Qoilcles and ordlnances and draft EIR No. 224 is 1~ compli~nce with the Californla Envlronmental Quality Act and with Clty and State EIR Guidelines; therefore. based upon such informatlon, the Anaheim Ctty Planning Commissfon does hereby certify EIR No. 224. NOW~ TtiEREFORE~ BE IT RESOLVED that the Anaheim City Planning Commisston does hereby grant subject Petition for Conditional Use Permit. upon the following conditions whtch are hereby found to be a necessary prerequlsite to the proposed use of the subjec[ property in order to preserve tfie safety and general welfare of the Cttizens of the City of Anahelm: -2- PC79-22 1. That this Conditlonal Use Permit Ts granted subJect to the comptetlon of Reclassificatlon No. 78-79-25, now pending, 2, That the owner(s) of subject property shall pay the traffic slgnal assessment fee (Ordinance No. 3896) amounting to 536.00 per each new dwelling unit prior so the issuance of a building permit. 3, That subJect property shatl be developed substanttally In accordance with plans and spectftcations on file with the City of Anaheim marked Exhibit Nos. i through 6. BE IT FURTHER RESOLVED tha[ the Anahetm City Planning Curmission does hereby find and determine that adoption of this Resolution is expressty predlcated upon applicant's compliance with eacli and all of the con~ltions hereinabove set forth. Should any such condition. or any part thereof, be declared i~valid or unenforceable by the final judgment of any court of canpetent Jurisdictio~, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is si9ned and approved by me this 29th day of January. 1979. i...c.'~. ,. ~zHA RMAN, NAH IM CI Y f'LANNING COMMISSION ATTEST: ~ .~ ~1~,,~.u- - SECRETAR , ANAHEIM CITY LANNI~~G COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY Of ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commissio~, do hereby certffy that the foregoing resotution was passed and adcpted a[ a meeting of the Anahefm City Plartning Cortmission held on January 29. 1979, at 1:30 P.m., by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES~ BUSHOKE~ HERBST~ JOHNSON~ KII1G. TOLAR NOES: COMMISSIONERS: NONE A85ENT: LOMMISSIONERS: DAVID 1974• IN WiTNE55 1111EREOF, I have hereunto set my hand this 29th day of January. d. /tC6t.ta...~. SECRETAR ~ ANAHEIt1 C TY LANNING CONMISSION -3- PC79-22