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PC 79-106t ;~ RESOWTI01~ tJO. PC79-106 A RE50LUT 10-J OF THE AIJAHE It1 C ITY PLANN I NG LOt1ti I SS I0t! Tlil1T PETlTIOtI FOR CONDITIONAL USE PERMIT N0, i?73 BE GRA~ITED WNEREAS, the Anaheim City Planniny Caamission did receive a verified Petttion for Conditional Use Pernit frorn TEXACO AtIAHEIN Ii1LL5, ItJC., 380 Anahetm Hills Road, Anahelm, Caiifornla, 92807, oarner, and ANAt1El!1 NILLS, I~IC., 3£30 Anaheim Hills Road, Anaheim, California ~2807. agent, of certain real property situated in the City of Rnaheim, County of Orange, State of California, described as: That portion of tlie~ lands allotted to Haria Jesus Pcralta dc Lopas, Maria Pcralta de Alvarez and Paula Peralta dc Dominqucz, as described in the Final Decree of Partitlon of the Rancho Santiago de Sania Ana, which was entered September 12, 1863 Tn book "~", page 41~ of Judgments of Che District Couri of the 17ih Judicial Distric[ in and for Los Angeles County, California, being subdivided as TRIICT 1~713; and That poriion of the l~nds allotted to N~ria Jesus Peralta de Lopas, Haria Peral[a de Alvarez and Paula Peral[a de Dominquez, as described 1n the fi~al Decree of Parti[ion of tne Rancho Santiago de Santa Ana, which was entcred September 12, 1868 in hook "B", pagc 410 of Judgments of the District Courc fn and for Los Anaeles County, Galifornia, bcing subdivided as Tract No. 1~408, NHEREAS, the Lity Pianniny Commission did h Hatl in the City of Anaheir~ on June 4, 1979, at 1:3~ hearing having been duly given as requir~d by provisions of the Anahcim Municipal Code, Chao[cr eviderce for and against satd proposed conditlonal findings and recommendations in conrsection therewith; ~ld a public hearing at the Lity p.n., notice of said public la~+ and in accordance with the 1$.03, to hear anci consider use and to investigate and make and WtIEREAS, said Gommtssion, aftcr due inspection, investigation and study made by i[self and in tts behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determinc the following facts: i. That tFe proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sec[ion 18.24.OSO.ObO to wit: *_o permit a 53-untt condanintum subdivision with a waiver of: SECTlONS 18.31.062.012 and 18.24.OSQ.OEO - Maxtmum structural height. ~1 stor~~ permitted within 150 e t of RS-HS-10,000(SC) zoning; 2 stories praposed) PC7~-106 ~ i 2. That the proposed use is hereby gran[ed sul~Ject to the petfttoner's sttpulation that precise plans stiall be revlewed and approved by the Planning Cor,mission prior to issuance of ? buildin9 permit. 3. That the requcsted r~aiver is hereby granted on thc basis of the unusuat topography of the property which consists of tiilly terrain and a substantial grade differential beto+een the proposed conCominium uni[s and thc existing singie-family residences on adjacent properti~s; and on the basis [hat denial wouid be depriving subject property of a privilege being enjoyed by other propertles under identical zoning classiflcatlon in the vicinity, ~+. That the proposed usc ~•rill not adversely affect the adJoining land uses and the grow[h and developm~~t of the area in which it is proposed to be located. 5. That the size and shapc of thc sfte proposed fior the use is adequate to allow the full development of [hc proposed usc in a manncr not detrimental to the particular area nor to the peace, health, safety, and general welfare of [he Citize~s of the City of Anahcim. 6. That the granting of the Conditional Use Permit under the conditions imposed, if any, ~aill not be detrimental to the peacc, health, safety and general welfare of the Cltizens of the City of Anahcim. 7. That thc traffic generated by thc proposed use will not imposc an undue burden upon the streets and hiyhv~ays designed and improved to carry the traffic in the arca. 8. That 2 persons indicated their presence at said public hearing in oppositfon; and that no correspondence was recelved in opposition to the subject petition. EIlVIRONHENTAL IMPALT fINDiNG: That Addendum No. 5 of Environnental Impact Reoort No. 21 or thc proposed suhdivi~to~ of Tentativc Tract No. 10403 Info tti++~ ne~•~ tracts, Plos. 1040C~ and 10713, havirtg becn considered this datc by the Anaheim City Planning Commission and evidence. both wrttten and oral, having becn presented to supplement Addendum No. 5 of EIR No. 218, finds that potential proJec[-generated environmental lmpacts have been reduced to an acceptable levei by confarmance wtth City plans, policies and ordinances; that kddendum No. 5 of EIP, ~~o. 218 is in compliance with the California Environmentai Quality Act and Ctty and S[ate EIR Guidelines; thereforc, based upon such informatton the Anaheim City Planning Conmission does certify Addendum No. 5 of EIR No. 21II. ~l041, THEREFORE, QE IT RESOLVED that che Anahcim Lity Planntng Comm(ssion does hereby grant subject Petition for Condittonal Use Permit, upo~ the followTng conditions ~ihich are hereby found to be a necessary prerEqutsite to the proposed use of the subJect property in order to preserve thc safety and general welfare of the Citizens of the City of Anaheim: 1. That this Conditionai Use Permit is granted subject to the recordatlon of the final map of Tract t~o. 10713. -2- . PC79-106 i ? 2. That subject property shall be devaloped substantially in accordance with plans and specifications on file with the Ctty of Anahetm marked Exhibtt Fios. 1 through 8, and that final precise plans shall be subnftted to and approved by the Pla~ning Commission prior to issuance of a buildin~ permit. OE IT FURTHER RESOLVED tha[ the Anaheim Lity Pianning Conmisslon does hereby find and detcrmine that adoption of this Resolueion is expressly predicated upon appticant's compliance oifth each and alt of the conditions hereinabove sei forth. Should any such condition, or any part thereo`, he declared invali~ or unenforceabte by the final Judgment of any court of com~e[ent jurisdiction, then this ResolutTon, and any approvals herc(n co~tained, shall be deened nul) and void. TIIE FOP.EGOING RESOlUT10!! is signed and appr ed by his 4th day of June, 197~. tt ~, .~A E N CITY PLANNING COMMISSION ATTEST: ~~.~~ .~ ~. SLCRETARY, ANAHEIM CITY PLAtINING COMMISSION STATE OF CALIFORNIA ) COUt~TY OF ORA!!GE ) ss. CITY OF ANAHEIH ) I, Edith L. Harris, Secretary of the Anaheim C(ty Planning Lommissian, do hercby cer[ify [hat the foregoing resolution was passed and adopted at a meeting of the Anahelm City Planntng Corrdnission hcld on June 4, 197?, by thc foilowing vote of the members thcreof: AYFS: CaY1115510NER5: (1ARNE5, BUSHORE, DAVID, NERBST. Y.I~~G NOES: COHMISSIOrJERS: JOHNSON, TOLAR ABSENT: COMH15510t1ER5: NOt:E lH UITt1E55 WNEREDF, I havc hereunto set my hand this kth day of June, 1974. `~~~ ~ ~ ~,~...:, SECP,ETARY ~ A11AHE 1 M C I TY PLAN~~ I NG COMM I SS I ON -3- PC73-106