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69R-322RESOLUTION NO. 69R -322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 1098. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from Henry Reichert of 16262 East Whittier Boulevard, Whittier, California, as agent for Joseph D. Huarte, 1464 East La Palma, Anaheim, California, owner, to establish a 182 -space mobile home park with waiver of the minimum front yard setback as required by the Anaheim Municipal Code Section 18.16.050(5a) on the following described property, to wit: All that certain land situated in the State of California, County of Orange, described as follows: Beginning at the Southwest corner of that certain property described in Certificate of Title No. 4937, recorded in Book 20, page 174, Register of Titles of Orange County, California, said Southwest corner being the Northwest corner of that certain 10 foot strip of land described as excepted from the above mentioned property, and running thence South along the West line of Section 7, Township 4 South, Range 9 West, San Bernardino Base and Meridian, 10.00 feet to a line parallel to and 990.00 feet North of the East and West center line of said Section 7; thence Easterly along said parallel line 3502.62 feet, more or less, to an intersection with the Southwesterly line of the Golden State Tract; thence Northwesterly along said Southwesterly line, to a point which is distant Southeasterly, measured along said Southwesterly line 558.40 feet from the Westerly corner of lot 4, said Golden State Tract, said point being the Easterly corner of that certain triangular shaped parcel of land described as excepted from Certificate of Title No. 4936; thence West along the South line of said triangular parcel and the Westerly prolongation of said line, 267.25 feet, more or less, to an intersection with a line parallel with and distant 1331.32 feet East of the West line of said Section 7; thence Southerly along said parallel line, 1034.50 feet, more or less to the Southeast corner of property described in Certificate of Title No. 4937, said Southeast cor- ner being Northeast corner of the 10 foot strip excepted from said property; thence along the South line of said property 1331.32 feet to the point of beginning. Containing 29.5 acres of land, more or less. EXCEPTING THEREFROM an undivided one fourth interest in and to the following described tract, together with an undivided one fourth interest in and to the pumping plant located thereon, to wit: Commencing at a point on said Southwesterly line of the Golden State Tract, said point being 867 feet Northwesterly from the point where said Southwesterly line inter- sects with the South line of the above described 29.5 acres; thence Southwesterly and at right angles with said Southwesterly line of said Golden State Tract, 35 feet to a point; thence at right angles North- westerly and parallel with the Southwesterly line of said Golden State Tract, 50 feet to a point; thence at right angles Northeasterly to a point on said Southwesterly line of the Golden State Tract, 50 feet Northwesterly from the point of beginning; thence Southeasterly along said Southwesterly line of the Golden State Tract, 50 feet to the point of beginning. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said application on May 5, 1969, 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. PC69 -97, denying Conditional Use Permit No. 1098; and WHEREAS, thereafter within twenty -two (22) days from the date of the adoption of said resolution, a written appeal was filed with the City Council protesting the action of the City Planning Commission in denying said conditional use permit and said appeal was set for public hearing on June 3, 1969, at the City Hall, in the City of Anaheim, 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 hear- ing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful con- sideration of the recommendations of the City Planning Commis- sion 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 development 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 high- ways 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 Commis- sion in denying said conditional use permit be, and the same is hereby reversed, and that Conditional Use Permit No. 1098 be, and the same is hereby, granted permitting the establishment of a 182-space mobile home park on the property hereinbefore described subject to the following conditions: 1. That the owner of subject parcel shall deed to the City of Anaheim for road and public utility purposes a strip of land 64 feet in width along the proposed east -west street alignment as shown on the development plans. The owner shall also deed to the City of Anaheim for road and public utility purposes (a) the westerly 59 feet of subject property south of the northerly property line of the Rio Vista Elementary School; (b) the easterly 58 feet of the westerly 59 feet of subject property and the "not a part" parcel from the northerly property line of the Rio Vista Elementary School northerly to the present Anaheim City limit line; (c) the easterly 53 feet of the westerly 54 feet of the not a part" parcel north of the City limit line; (d) necessary road transition for the north- south street; and (e) a strip of land 71 feet in width from the north curb line along Frontera Street, including 15 -foot radius property line returns. Supplemental Amendment to Condition No. 1: Dedi- cation of the north south street shall be on the condition that the additional dedication for full width streets can be obtained or is dedicated on the west side of the street. Dedication for the east -west street shall be conditioned upon the extension of said street to the east. A bond shall be posted for the improvement of both streets for a period not to exceed two years. 2. That street improvement plans shall be prepared and all engineering requirements of the City of Anaheim, along Frontera Street and the new east -west and north south streets proposed, such as curbs and gutters, sidewalks, street grading and paving, drainage facil- ities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of said engineering requirements. 3. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot, along the new east -west and north -south streets proposed and Frontera Street, for street lighting purposes. 4. That the owner of subject property shall pay to the City of Anaheim the sum of 15 per front foot along the new east -west and north -south streets proposed and Frontera Street, for tree planting purposes. 5. That sewer and public utility easements across the property shall be deeded to the City of Anaheim as required by the City Engineer and the Director of Public Works. 6. That a Parcel Map to record the approved division of subject property be submitted to the City of Anaheim for approval and then recorded in the Office of the Orange County Recorder. 7. That trash storage areas shall be provided in accordance with approved plans on file in the Office of the Director of Public Works, and that the number and location of the trash storage areas shall be subject to the approval of the Street and Sanitation Superintendent. 8. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. 9. That a 6 -foot masonry wall shall be constructed the northeasterly boundary line and to the rear the required landscaped areas of the southerly, and northerly boundaries of the proposed mobile park. along of westerly, home 10. That drainage of subject property shall be disposed of in a manner that is satisfactory to the City Engineer. 11. That a predetermined price for the 1 -foot strip pro- posed to the west of the north -south street shall be calculated and an agreement for dedication entered into between the Developer and the City of Anaheim. The cost of the 1 -foot strip shall include land and a proportionate share of the underground utilities and street improvements. 12. That any air conditioning facilities proposed shall be properly shielded from view, and the sound shall be buffered from adjacent residential homes. 13. That the proposed development shall be in accordance with the requirements of the State Trailer Act, and that plumbing shall be provided in order that the mobile home park will accommodate all trailers and not be restricted to "California- approved trailers" only. 14. That the proposed development shall be served by underground utilities. 15. That Conditions Nos. 1, 2, 3, and 4, above mentioned shall be complied with prior to the time that the Building Permit is issued or within a period of 180 days from the date hereof, whichever occur first, or such further time as the ,11 .Cf...� City Council may grant. 16. That Conditions Nos. 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, above- mentioned shall be complied with prior to final building and zoning inspections. 17. That the owner of subject property shall pay to the City of Anaheim the sum of $50.00 for each trailer space, to be used for park and recreation purposes, said amount to be paid at the time the building permit is issued. The City Council hereby reserves the right to revoke such conditional use permit for good cause or failure of said owner, his heirs, successors or assigns, to comply with the Anaheim Municipal Code and regulations and the conditions herein. THE FOREGOING RESOLUTION is approved and signed by me this 3rd day of June, 1969. ATTEST: 18. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibits Nos. 1, 2 and 3, Revision No. 2, PROVIDED THAT the 6 -foot wide landscape area along the south boundary shall be planted and maintained by the Developer subject to approval of the Parkway Maintenance Superintendent, and shall extend for the full width of the property. )r- 2 C Y CLERK OF THE CITY OF ANAHEIM 1, DENE M. WILLIAMS, CITY CLERK Of THE CITY OF ANAHEIM, Dv HtRtBY CERTIFY THAT THE FOREGOING 13 TH_ JRIGi; AL OF RESOLUTION NO. 69R -322 DULY PASSED AND ',D PTED BY THE ANAHEIM CITY COUNCIL ON June 3,1969 STATE OF CALIFORNIA l' COUNTY OF ORANGE SS. CITY CLERK CITY OF ANAHEIM (SEAL) -5- THE CITY OF ANAHEIM riehL/ 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 3rd day of June, 1969, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSTAINED COUNCILMEN: Krein ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 3td day of June, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of June, 1969. C CLE OF THE CITY OF ANAHEIM