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2004-030 RESOLUTION NO. 2004-30 A RESOLUTION OF THE CITY COlJNCIL OF THE CITY OF ANAHEIM AMENDING CONDITIONAL USE PERMIT NO. 1098 AND AMENDING AND RESTATING THE CONDITIONS OF APPROV AL THEREOF. WHEREAS, on June 3. ] 969, the Anaheim City Council did, by its Resolution No. 69R-322, grant Conditional Lse Permit No. I 09X to establish a I 82-space mobilehome park at the southeast comer of Jackson A venue and Park Vista Street, subject to certain conditions of approval including Condition No. I X which specifies that the property shall be developed substantially in accordance with Revision No.2 of Exhibit No. I, and Exhibit Nos. 2 and 3: and WHEREAS, on November I g, 2002, the Anaheim City Planning Commission did, by Its Resolution No. PC2002-168, amend the above-mentioned Resolution No. 69R-322 to permit additional spaces in the existing mobilehome park for a total of 200 spaces, and to amend the conditions of approval in their entirety including Condition No.5 which specifies that the property shall be developed substantially in accordance with Revision No.3 of Exhibit No. I (dated August 27. 2002), and Exhibit Nos. 2 and 3 (labeled 'Recreation Building Elevations' and 'Recreation Building Floor Plans'): and WHEREAS, the property is developed with a 200-unit mobilehome park (Park Vista Mobilehome Park) including an accessory recreation building and swimming pool, and an oil well; that the property is zoned RS-A-43,000(MHP)(O) (Residential! Agricultural - Mobilehome Park Overlay and Oil Production Overlay): and that the Land Use Element of the Anaheim General Plan designates the property for Low-Medium Density Residential land uses; and WH EREAS. under authority of Code Sections I g.03.091 (Termination or Modification of Amendments, Conditional Use Permits or Variances - Procedure) and 18.92.040 (pertaining to permitted accessory Uses and structures in mobilehome parks), the petitioner requests approval of accessory management offices and amendment to the previously-approved exhibits for the mobilehome park; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 15, 2003, at I :30 p.m., notice of said public hearing havIng been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03 (Zoning Procedures-Amendments, Conditional Use Permits and V anances). to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith: and WHEREAS. after due inspection, investigation and study made by itselfand in its behalf, and after due consideration of all evidence and reports offered at said hearing, the City Planning Commission did adopt Its Resolution 1\0. PC20O3-170 (subsequently amended by Resolution No. PC2004-16) amending the permitted uses and conditions of approval of Conditional Use Permit No. 109S: and ...,. ...".. ...-..'". '9'"""" WHEREAS, within the time permitted by law, an aggrieved party did appeal said Planning Commission decision to the City Council; and WHEREAS, the City Council did hold a public hearing concerning said application and appeal on the 24th day of February, 2004, notice of which hearing was given in the manner provided by law; and WHEREAS, after due inspection, investigation and study made by itself and on its behalf: and after due consideration of all evidence and reports offered at said hearing, the City Council does find and determine as follows: I. That the proposed uses of the property, as modified and shown on Revision No. lofExhibit No.3 on file in the City Planning Department and incorporated herein by this reference, are properly uses for which a conditional use permit is authorized by the Zoning Code; and ì That the proposed uses, as modified and under the conditions imposed, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. That the size and shape of the site for the uses, under the conditions imposed, is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the uses, as modified, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That amending this 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. 6. That the proposed modifications, including amendments to the conditions of approval, are reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under the conditional use permit. 7. That the request to al low accessory management offices which are occupied by management staff from Park Vista Mobilehome Park and/or other mobilehome parks which are also owned or managed by the owner of the Park Vista Mobilehome Park, is hereby approved for the reasons hereinabove set forth, CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The City's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class I, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. ì ..,. . '...,...^." «,"_00«." ..,..... .-, NOW, THEREFORE. BE IT RESOLVED that the Anaheim City Council does hereby amend Conditional Use Permit No. 1098 as approved by Resolution No. 69R-322, and as amended by Resolution No. PC2002-l68, to permit accessory on-site management offices for personnel affiliated with Park Vista Mobilehome Park and/or other mobilehome parks owned or managed by the owner of the Park Vista Mobilehome Park, and hereby amends and restates the conditions of approval of Conditional Use Permit No. 1098, in their entirety, to read as follows: I. That the on-site mamgement oftlces shall be limited to management personnel affiliated with Park Vista Mobilehome Park and/or other mobilehome parks owned or managed by the owner of the Park Vista Mobilehome Park. ì That plans for any additional recreational amenities and/or modifications to the existing amenities shall be submitted to the Zoning Division of the Planning Department for review and approval prior to submittal to, and approval by, any other agency. 3. That abandonment of the oil well pump site shalJ conform with the abandonment procedures contained in Anaheim Municipal Code Section 17.12.80 (Abandonment Procedure). 4. That to confirm compliance with alJ oil well abandonment proceedings required under State of Cali fomi a law. a copy of the approval from the Division of Oil and Gas shall be provided to the Zoning Division. 5. That trash storage area(s) shall be maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (I) gallon sized clinging vines planted on maximülll three (3) foot centers or tall shmbbery. 6. That subject property shall be developed substantially in accordance with plans and specilications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision 1\0. 3 of Exhibit No. I (dated August 27,2002), Exhibit '\)0 2. and Revision No. I of Exhibit No.3 (floor plan. elevations and location map, stamped October 28, 2003), and as conditioned herein. 7. That within a period of ninety (90) days from the date of this Resolution, Condition \iDs I. 2 and 6. above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 1 X.O3.090 (Time limit for Amendments, CondItional Use Permits, Administrative Lise Permits. Variances and Administrative Adjustments) of the Anaheim Municipal Code. H. 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 , .' ~ ....,.........--......'.-...... y-- 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this24 day of February , 2004, by the following roll call vote: :\ YES: Mayor Pringle, Council Hembers Tait, Chavez, Hernandez, McCracken NOES: None ABSEI\iT: None ABSTAIN: None By MAYOR OF THE CITY ANAHEIM ATTES~ ¡ .~ ~c.f.d-( . J~( -tlf-<.-..,'¿'.: <- c;rtY CLERK OF TÍ'-IE CITY OF ANAHEIM ,12-14 I 4 'IT . "T""""'~-"""""" T"""-