PC 75-118~ ~
RESOLUTION N0. PC75-118
A RESOLUTION OF THt CITY PLANNING L~JMMISSION OF THE CITY OF ANAHEIM
THAT PETITION FOR CONDITIONAL USE PERMIT N0, 1543 BE GRANTED.
WHEREAS, the City Planning Commission of the City of Anaheim did receive a
verified Petition for Conditionai Use Permit from KRAEMER IANDOWNERS: ATTN:
GILBERT U, KRAEMER, 842 Alta Vista, Placentia, Ca. 92670 (Owner); SANT CONSTRUCTION
COPIPANY, 2545 E. Chapman Avenue, Fullerton, Ca, 92631 (Agent) of certain real property
described as:
That portion of the land of Samuel Kraemer, in the City of Anaheim, County of Orange,
State of California, as shown on a map thereof recorded in book 3, Paye 51 of Surveys,
recards of said Orange County, described as follows:
Beginning at ths intersection of the Westerly line of said land of Kraeme~, as shown
on said survey, with the Southerly line of the Riverside, Santa Ana, and Los Angeles
Railway Company, 100.00 foot Right of Way, now vested in the Atchison Topeka and
Santa Fe Railway Company, as described in the deed recorded July 7, 1886, in book 164,
page 508 ef Deeds, records of Los Angeies County; thence along said Southerly line the
following courses and distances:
Northeasterly along a curve concave Northwesterly having a radius of 5,779.65 feet,
through a central angle of 03° 19' S6" an arc length of 336,13 feet to a point of com-
pound curvature, concave Northwesterly and having a radius oF 2,914.9j feet; thence
Northeasterly along said curve through a central angle of 12° 34' and an arc length of
b39.33 feet to a point of compound curvature having a radius of 1,939.10 feet; thence
Northeasterly along said curve through a central angle of 13~ 09' an arc length of
445.04 feet to a point of compound curv.ature having a radius of 3,716.93 feet; thence
Northeasterly along said curve, through a central angle of 2° 30' 00" an arc distance
of 162,18 feet; thence tangent to said curve, North 37° 56~ 41" East, 1949.g2 feet to
the beginning of a tangent curve concave Southeasterly having a radius of 3769.83 feet;
thence Northeasterly along said curve, through a certral angle of 3° 27~ 27" an arc dis-
tance of 227.49 feet to the Easterly line of t:he land described in the deed to said
Kraemer, recorded September 18, 1915, ~n book 270, page 7 of Deeds, records of said
Orange County; thence leaving said Right of Way, along said Easterly line South 1° 31~
44" East 2214.53 feet to the Northerly line of the Orange County Flood Control Channel,
as described in Parcel 108 of The Final Order of Condemnation No. 159981 recorded July
25, 1969, in book 9031, page 442 of said Official Records; thence along said Northerly
line South 60° 38' 00" West 2830,29 feet to the beginning of a tan,y~nt curve concave
Northwesteriy having a radius of 5780.00 feet; thence Westerly, along said curve and
said Northerly line, through a central angle of 3° 05' 48", an arc distance of 3~2•39
feet, rtrore or less, to said Westerly line of Kraemer; thence North O1° 15' 87" West,
119.80 feet; along said Westerly line the Tollowing courses and distances; Northerly to
Station 10 as shown on said Survey; thence Northerly 945.31 feet to Station No. il as
shown on said Survey; thence Northerly 81.03 feet to the point of beginnin9.
~XCEPTING THEREFROM that portion thereof lying Southerly of the Northerly line of that
certain parcel of land conveyed to the County of Orange by Deed recorded September 29,
1972 in book 10349, Page 370, Official Records, Orange County California.
FURTHER EXCEPTING from all of the land conveyed herein all oil, petroleum, gas other
hydrocarbon substances lying below a plane 500 feet below the surface, without any
right of entry onto *.Fe surface or the top 500 feet of the subsurface, as reserved by
Geraldine E, Roth, pt al., in the deed recorded in book 10453, page 870, Official
Records.
Also excepting therefrom that portion ifescribed as follows:
Beginning at the intersection of the Easterly line of the land shown on a map recorded
in book 30, page 48 of Parcel Maps, records of said Orange County, with the Westerly
terminus of the lin~ described in the deed to the County of Orange recorded September
29, 1972 in book 10340, page 370 of Official Records of said Orange County, sai~ line
being also the centerline of La Palma Avenue as shown on Surveyors Map No. 71-8 in the
offic? of the Orange County Surveyor; thence alony said Easterly line North 2° 33' 34"
East 854.11 feet and North 0° 57' S7" East 81,74 feet to the Southeasterly line of the
A. T, and ~. F. Railroad right of way shown on said Parcel Map, said point being in a
a~rve concvave Nc*thwesterly having a radius of 5779.65 feet, a radial to said point
bears South 20° 02' 27" East; thence Northeasterly along said curve and said right of
RESOLUTION N0. PC75-118
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way line, through a central angle of 3° 19' 4~" an arc distance of 335.69 feet to the
beginning in a compound curve having a radius of 2914.93 feet; thence continuing
Northeasterly alo~g said right of way line and along said compc,und curve, through a
central ang!e of 4° 56' 3~+.69", an arc distance of 251.47 feet; thence ledving said
right of way line South 28° 17' 24" East 120.47 feet; thence South 0° 26' 38" East
72,17 feet; thence ~outh 27° 40' 00" East 101,42 feet; thence North 60° 37~ 37'~ East
118,91 feet; thence South 29° 22' 23" East 270,90 feet; thence South 12~ Ol' 10" East
67.05 feet; thence South 29° 22' 23" East 165.00 feet to said aforementioned centerline;
thence along said centerline, the following courses and distar.ces; South 60° 37~ 37'~
West 520,00 feet to the beginning of a tangent curve concave Northwesterly having a
radius of 1200.00 feet; thence Southwesterly along said curve, through a central angle
of 12° 14' 07", an arc distance of 256.26 feet to the beginning of a reverse curve
having a radius of 1200.00 feet; thence Southwesterly along said reverse curve, through
a central angle of 17° 20' 08", an arc distance of 363,08 feet to the point of beginning.
WHEREAS, the City Planning Commission did schedule a public hearing at the City
Hall in the City of Anaheim on June 9, 1975, at 1:30 p.m., notice of said public hearing
having been duly given as required by law and in acco~dance with the provisions of the
Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for ~^d against
said proposed conditional use and to imiestigate and make findings and recorr~nerdations
in connection therewith; and ~
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideratior of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the proposed use is pr'operly one for which a conditional use permit is
authorized by Code Section 18.27.050.060, to wit: permit a four-unit model home complex.
2. That the petitioner requested the drainage requirements for TracY Nos. 7137
(Revision No. 6) and 7666 (Revision No. 1) not be imposed upo~ this Conditional Use
Permit, since they intended to provide drainage for the model home complex prior to the
grading of the remainder of said tracts, and the Planning Commission thererore determines
that the drainage requirements for the model home complex shall be disposed of in a
manner satisfactory to the City Engineer, as requested by the Detitioner.
3. That the plans svbmitted for Tract Nos. 7137 (Revision No. 6) and 7666 (Revi-
sion No. 1) indicate a three (3) foot high earthen be rtn topped with a six (6) foot
high block wall for sound attenuatinn purposes, a portion of said berm being located on
the Atchison, Topeka and Santa Fe Railroad right-of-way; and the Planning Commission
hereby determines that approval of this Conditional Use Permit shall 6e subject to the
owner(s) of the subject property obtaining an irrevocable license or easement for use of
said railroad right-of-way for the purpose stated, said license or easement to be submit-
ted for the review and approval of the City Attorney and to be reviewed by the Planning
Commission prior to the commencement of the activity authorized by this resolution or
prior to the issuance of building permits for said activity, as stipulated to by the
petitioner.
4. That the petitioner stipulated the noise level will not exceed 45 dbA inside
the homes and 65 dbA outside the homes in the rear yards adjacent to the railroad, in
compliance with City requirements.
5. That 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.
6. That 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 welfiare of the Citizens of the City
of Anaheim.
7, That the granting of the Conditional Use Permit undei• the conditions imposed,
if any, will not be detrimental to the peace, health, safety, and general welfare of the
Citizens of the City of Anaheim.
8, That no one indicated their presence at said public hearing in oppositlon, and
no correspondence was receive~i in opposition to subject petition,
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RESOLUTIO~ N0. PC75->t8
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ENVIRONMENTAL I!~PAC'f REPORT FI'SDING:
That Environmental Im~~ct Report No. 150, having been considered this date by
the City Planni~g Commission and evidence, both written and oral, having been pre-
sented to supplement said draft of EIR No. 150, the Planning Commission believes
that said.draft of EIR No. 150 does conform to the City and State Guideli~es and
the State of California Environmental Quality Act and, based upon such information,
does hereby recommend to the City Council that they certify said EIR is in compliance
with said Environmental Quality Act.
NO;J, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions
which are hereby found to be a necessary prerequisite to the proposed use of the subject
property in order to preserve the safety and general welfare of tfie Citizens of the City
oF Anaheim:
l. That trash storage areas shall be provided in accordance with approved plans•
on file with the office of the Director of Public Works.
2. That fire hydrants shall be installed and charged as required and deEermined to
be necessary by the Chief of the Fire Department prior to commencement of structural
framing.
3, That subject property shall be served by underground utilities.
4. That drainage of said property shall be disposed of in a manner satisfactory
to the City Engineer.
5, That grading, excavation and all other construction activities shall be con-
ducted in such a manner so as to minimize the possibility of any silt originating from
this Froject being carried into the Santa Ana River by storm water originating from or
flowing through this project.
6. That public utility easemenYs shall be granted as required by the Director of
P~blic Utilities.
7, That this conditional use permit shall remain in full force and effect until
the final map of Tract No. 7666 has been recorded and final reading of the ordinance
rezoning this property has been accomplished.
8. That the homes within this model area may not be sold or occupied until the
final map of Tract No. 7666 has been recorded and an ordinance has been read rezoning
subject property.
9, That a bond in an amount and form satisfactory to the City of Anaheim shall be
posted with th~ City to guarantee the removai of the models in the event the final map
of Tract No. 7666 is not recorded.
10. That the ow~er(s) shall obtain an irrevocable license or easement for use of
the property located within the Atchison, Topeka and Santa Fe Railroad right-of-way to
permit a portion of the required sound att~nuation berm to be located within said right-
of-way; said license or easement to be submitted for review and approval by the City
Attorney and to be reviewed by the Planning Commission and City Council prior to the
commencement of the activity authorized by this resolution or prior to the issuance of
building permits for said activity, as stipulated to by the petitioner.
11. That subject property shall be developed substa~tially in accordance with plans
and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 10.
12. That Condition Nos. 6, 9 and 10, above-mentioned, shall be complied with prior
:~ the commencement of the activity authorized und~r this resolution, or prior to the~
time that the building permit is issued, or within a period of one year fr~m date hereof,
whichever occurs first, or such further time as the Planning Commission and/or City
Council may grant,
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RESOLUTIQN N0. PC75-118
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13. That Condition Nos. 1, 3, 4, 5 and 11, above-mentioned, shall be complied
with prior to final building and zoning inspections.
THE FOREGOING RESOLUTION is signed and approved by me this 9th day of June, 1975.
CHA ~MAN, AN H I CITY P JNING COMMISSION
ATTEST:
G_~?~-~~:.~,~
SECRETARY, ANAHEIM CITY PLANNIN~ COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Patricia B. Scanlan, Secretary of the City Planning Commission of the City oF
Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a
meeting of the City Planning Commission of the City of Anaheim, held on June 9, 1975,
at 1:30 p.m., by the following vote of the members thereof:
AYES: COMMISSIONERS: GAUER, JOHNSON, KING, MORLEY, TOLAR, HERBST
NOES: COMMISSIONERS: FARANO
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 9th d~y of June, 1975.
~~~~., ,~ ~_,~e'c~-~/
SECRETRRY, ANAHEIM CITY PLANNING COMMISSION
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RESOLUTION N0. PC75~118