91-205 RESOLUTION NO. ~1R-205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO.
3402.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit an existing 236 space mobilehome park upon certain real
property located within the City of Anaheim, County of Orange,
State of California, legally described as:
THAT PORTION OF LOTS W AND Y OF THE VA/~ GRAAF TRACT,
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN
BOOK 4, PAGE 440, MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 17.71 CHAINS WEST OF THE
SOUTHEAST CORNER OF LAND CONVEYED TO ARTHUR H.
SMALL BY DEED DATED OCTOBER 31, 1911 AND
RECORDED NOVEMBER 8, 1911 IN BOOK 190, PAGE 102
OF DEEDS; THENCE NORTH ALONG THE EAST LINE OF
SAID LAND SO CONVEYED TO SMALL, 17.114 CHAINS
TO THE CENTER OF THE SOUTHERN PACIFIC RAILROAD;
THENCE EASTERLY ALONG THE CENTER OF SAID
RAILROAD 30.67 CHAINS TO A POINT 17.71 CHAINS
WEST OF THE EAST LINE OF SAID LOT W, THENCE
SOUTH 17.97 CHAINS TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING: THAT
PORTION OF SAID LOT W OF THE VAN DE GRAAF TRACT
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN
THE SOUTH LINE OF SAID LOT W, DISTANT THEREON
17.71 CHAINS FROM THE SOUTHEAST CORNER OF SAID
LOT 2, SAID POINT OF BEGINNING BEING THE
SOUTHEAST CORNER OF THE LAND CONVEYED TO C. C.
BENNETT AND WIFE, BY DEED RECORDED APRIL 25,
t939 IN BOOK 989, PAGE 484, OFFICIAL RECORDS;
RUNNING THENCE FROM SAID POINT OF BEGINNING
WESTERLY ALONG SAID SOUTH LINE TO ITS
INTERSECTION WITH THE EASTERLY LINE OF THAT
CERTAIN 550 FEET IN WIDTH RIGHT OF
WAY GRANTED BY ARTHUR H. SMALL AND WIFE TO J.
R. PORTER, TRUSTEE, BY A DEED RECORDED DECEMBER
11, 1917 IN BOOK 316, PAGE 239 OF DEEDS; THENCE
NORTHEASTERLY ALONG SAID EASTERLY LINE TO ITS
INTERSECTION WITH THE EAST LINE OF SAID LAND
CONVEYED TO C. C. BENNETT AND WIFE HEREINABOVE
REFERRED TO; THENCE SOUTHERLY ALONG SAID EAST
LINE TO THE POINT OF BEGINNING BEING ALL THAT
PORTION OF THE SAID LAND CONVEYED TO C. C.
cup #3402
BENNETT AND WIFE BY SAID DEED, LYING EASTERLY
OF THE 550 FEET IN WIDTH RIGHT OF WAY
HEREINABOVE MENTIONED.
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF
SAID LOT W, DISTANT WESTERLY 1387.56 FEET FROM
THE SOUTHEASTERLY CORNER OF SAID LOT W, SAID
POINT OF BEGINNING BEING AT THE SOUTHWESTERLY
CORNER OF THE TRACT OF LAND DESCRIBED IN THE
DEED EXECUTED BY C. C. BENNETT AND WIFE TO
ORANGE COUNTY FLOOD CONTROL DISTRICT, DATED
JANUARY 31, 1944 AND RECORDED IN BOOK 1243,
PAGE 553, OFFICIAL RECORDS; THENCE NORTH 21°
19' 20" EAST ALONG THE NORTHWESTERLY LINE OF
SAID ORANGE COUNTY FLOOD CONTROL DISTRICT TRACT
OF LAND 605.20 FEET TO A LINE PARALLEL WITH THE
EASTERLY LINE OF SAID LOT W AND DISTANT
WESTERLY 1168.86 FEET THEREFROM; THENCE NORTH
0° 07' 50" EAST ALONG SAID PARALLEL LINE 620.43
FEET TO THE CENTERLINE OF THE RIGHT OF WAY OF
THE SOUTHERN PACIFIC RAILROAD COMPANY; THENCE
SOUTH 89° 45' 50" WEST ALONG SAID CENTER LINE
812.11 FEET; THENCE SOUTH 18~ 09~ 50" WEST
1233.87 FEET TO A POINT IN SAID SOUTHERLY LINE
OF LOT W WHICH IS DISTANT WESTERLY THEREON
975.30 FEET FROM THE POINT OF BEGINNING; THENCE
SOUTH 89~ 30' 10" EAST ALONG SAID SOUTHERLY
LINE 975.30 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF LOT Y
OF THE VAN GRAAF TRACT, AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 4, PAGE 440,
MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF
DOUGLAS STREET, SAID POINT BEING 474.00 FEET
NORTH OF THE INTERSECTION OF SAID CENTER LINE
OF SAID DOUGLAS STREET WITH THE SOUTH LINE OF
LOT Y OF SAID VAN DE GRAAF TRACT; RUNNING
THENCE NORTH ALONG SAID CENTER LINE OF DOUGLAS
STREET 145 FEET; THENCE EASTERLY PARALLEL TO
THE SAID SOUTH LINE OF LOT Y, 195.00 FEET;
THENCE SOUTHERLY 145.00 FEET PARALLEL TO THE
SAID CENTER LINE OF DOUGLAS STREET; THENCE
WESTERLY 195.00 FEET PARALLEL TO THE SOUTH LINE
OF LOT Y TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE NORTHERLY 25 FEET
THEREOF INCLUDED IN SAID RAILROAD RIGHT OF
WAY;and
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CUP #3402
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation 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. PC91-57 granting Conditional
Use Permit No. 3402, in part; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the city Council did duly hold and conduct such hearing
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
consideration of the recommendations of the City Planning
Commission 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 highways 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.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off-street parking requirements, as follows:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
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CUP #3402
surroundings, which do not apply to other property under identical
zoning classification in the vicinity; and
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the property
of privileges enjoyed by other property under identical zoning
classification in the vicinity; and
WHEREAS, the City Council does further find and determine
with regard to the proposed waiver of certain off-street parking
requirements that:
1. The variance will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance under the conditions imposed
will not be detrimental to the peace, health, safety or 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 Conditional Use Permit No. 3402 be, and the
same is hereby, granted, in part, permitting an existing 236 space
mobilehome park on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
SECTION 18.21.063.010 - Minimum front yard setback.
(25 feet required; 15 feet existing)
SECTION 18.21.063.020 - Minimum side yard setback.
(10 feet required; 3 feet existing)
SECTION 18.21.063.030 - Minimum rear yard setback.
(25 feet required; ~ existing)
SECTIONS 18.21.066.010 - Minimum number of parking spaces.
18.06.050.014 - (531 required; 512 existing)
and 18.06.080
SECTIONS 18.04.043.101 - Maximum fence heiqht.
and 18.21.064.090 (3 feet permitted in front setback;
6 feet existing)
subject to the following conditions:
1. That street lighting facilities along Douglas Road shall be
installed as required by the Utilities General Manager in
accordance with specifications on file in the office of the
Utilities General Manager; or that security in the form of a
bond, certificate of deposit, letter of credit, or cash, in an
amount and form satisfactory to the City of Anaheim, shall be
posted with the City to guarantee the satisfactory completion
of the above-mentioned improvements. Said security shall be
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CUP #3402
posted with the City of Anaheim within thirty (30) days
from the date of approval of this resolution to guarantee
installation.
2. That trash storage areas shall be provided and maintained in a
location acceptable to the Street Maintenance and Sanitation
Division and in accordance with approved plans on file with
said division.
3. That within ninety (90) days from the date of approval of this
resolution, a solid waste management plan, with recycling
capabilities, shall be approved by the Street Maintenance and
Sanitation Division.
4. That subject property shall be developed in accordance with
specific plans and specifications submitted to the City of
Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit No. 1.
5. That approval of this application constitutes approval of the
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable city,
State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such conditions, or
any part thereof, be declared invalid or unenforceable by the final
judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed
null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 18th day of June, 1991.
MAYOR, OF THE CITY OF ANAHEIM
PRO T£~
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34C3402.12
062091
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CUP #3402
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 91R-205 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 18th day of
June, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Simpson
AND I FURTHER certify that the Mayor Pro Tem of the City of Anaheim signed said
Resolution No. 91R-205 on the 19th day of June, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 19th day of June, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 91R-205, duly passed and
adopted by the City Council of the City of Anaheim on June 18, 1991.
CITY CLERK OF THE CITY OF ANAHEIM