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PC 79-174RESOLUTiOt~ t10. PC79-174 A RESOLUTIOfl OF TNE ANAHEIM CITY PIANNItIG CO'1HISSION TNAT PETITION FOR CONDITIOtIAL USE PER'11T N0. 201~~ EtE GRAt;TED WHEREAS, the Anahcim Gity Planning Commission did receivc a verified Petition for Conditional Use Permit from ROBERT A. NJ1H AND ADELIHE L. L. YE~I MAH. doing business as PACIPIG TERRACE APAR7HE~JTS, 1$O1-F Parkcourt Placc, Suitc 102. Santa Ana~ California, 92701, owners, and BOYCE D. JONES, tOQ1-F Parkcourt Place~ Suite 102, Santa Ana, California 92701, agent, of ccrtain real property situated in the City of Anahe.im, County of Orange, Scate of Catifornia, described as: That portion of allotments in Decree of Partitton of che Rancho Canon De Santa Ana, recorded in Lase `~o. 1973 of [he 17th Judicial District Court cr" California, a certified copy of which was recorded February 8, 1874 in book 28, pa9e 15~ of DeeCs Tn thc office of the County Pecorder of Los Angeles County, Caiifornia. described as foliows: Beginning at the qortheasterly corner of the land described in the deed to the Sta[e of California recorded Oc[aber 3~. 195~ 1n book 3E43. Page 378. Official Records in the office of the County Recorder of said Orange County, satd potnt being also a point on the Sou[herly line of 100.00 foot HTde strip of land~ as convcycd to thc Rivcrside, Santa Ana and Los Angclcs Raliway Co., by deed recorded July 7, 1836 in book 164, oage 503 of Deeds. records of Los Angcles County, California, said 10~.00 foot strip bcing now vested in thc Atchison, Topeka and Santa Fe Raliway Conpany, a corporation; thence along said Southerly line North 88° 31' 41" Eas[ 787.52 feet to the begin~ing of a tangent curve concave to the North having a radius of 5779.65 feet; thence Easterly aiong said curve th~ough a central anqle of 0° 19' 02" a distance of 32.00 feet to a potnt. a radial to said pofnt bears south 1° 47' 21" East, sald point being the true point of beginning; thence South l0 23' 00" Uest 1202.21 fcet to a poln[ on a non-tangent curvc concavc to thc North having a radius of 1445.00 feet, a radfal to said poinc bears South 5° 29~ 1S" West; thence Easterly along said curve thro~gh a central angle of 23° 31' 15" a dl5tance of 593.20 `eet to a point on a tangent line. said line being the Northerly line of the line described in a deed to Orange County Flood Control Distrtct, recorded February 6, 1939 in book 9g0, page 303, Offlclal Records of sald county; thence along said Northerty line North 71° 58' 03" East 638.18 feet to the beginning to a[angent curve concave korthwesterly having a radlus of 1600.00 feet; thence along said curve through a central angle of 13° 53~ 03" a distance of 527.35 feet to a poTnt on a non-tangent line, a radlal to said point bears South 36° 55~ ~~" East, said point being on the Easterly linc of the land canveyed to Jce Leung Young, pCr Deed recorded September 13, 1955 in book 3206, page 194, Offlclal Records of sald county; thence along saTd Easterly lino the following two courses: North 1~ 30' S6" East 918•56 fect to Station 17 of second class land~ allotied to Ynez Yorba De Cata ln partition of the Rancho Canon Dc Santa Ana~ a PC79-174 ccrcificd copy of which Decrce Nas recorded February 8, 1874 In boo~ 28. page 153 of Deeds, re.cords of Los An,cles Coun[y, Laltfornia; and North Q° 28' SE" East 81,05 fcet to a point on the aforesatd southerly linc of a strip of land 10~.00 fect wide, being a polnt on a non-t~ngent curve concave Northerly having a radius of 5779.65 .`cat, a radlal to said point bcars So~-~ 7.Oa 30' Z3" East; thence k'esterly along said curve through a central angle of 18° 43' 02" a discancc of 1E83.00 to thc truc point of beginning. Except any portion thcreof lying Southerly of ttic ccntcrllne of La Palma Avc~uc. W}IEREAS, the CT[y Planning Commission did hotd a pubilc hearing at [he City Hail in the City of Anaheim on August 27~ 1979. at 1:30 p.m.~ notice of said publlc hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter tE,~3, to hear ~nd consider evidence for and agaTnst said proposed condttional use permiL and to investtgate and make findings and recommendacions in connection therewtth; and WNEREAS, said Commission. aftcr duc inspection~ investTgaCion and study made by itseif and in tts behaTf~ and after due consideration of all evtdence and reports offered at said hearing. does find and detcrninc the folioaing facts: i. That the proposed use (s properly one f~r rrhich a condi[tonal use permit is authorized by Anahelm Nunicipa) Code Section 12.03.030.010 to wtt: to pcrmit a 347~unit mobllehomc park subdfvtsion. 2. That the proposed use is hcrcby granted subJect to the approval and recordatton of a flnai tract nap for the subdivision of the property into individual lo[s. 3. That the proposed use wTil not advcrsely affcct the adJoining iand uses artd the qra,rth and d~v~lopment nf th~ arr~ !n H!slth It IS ~fo~o5*d Io ~e )ocatc3. 4. That Lhe sizc and shape of the site proposed for the use Ts adequate to allow thc full development of the proposed usc in a manner not detrimenta) to the particular area nor to the peace. health, safety. and general `+elfare of the Citizens of the tity of AnaheTm. 5. That thc granting of the Conditional Use Permit under ihe conditions imposed~ Tf any, will not be detrimental to thc pcace. health. safety and general wc)fare of the Citizens of thc City of AnaheTm. 6, Th~t the traffic generated by the proposed use wlil not imposc an undue burden upon the streets and htghways designed a~d lmproved to carry the traffic in the arca. 7. That approximately 40 to 50 Tnterested persons indTcated their presence at sald public hearing; and that no correspondence was recetved (n oppositlon to the subJect pctition. ENVIRONMENTAL IMPACT FINDI~IG: That the Anahcim City Planntng Cammission has reviewed t e proposa to pcrm t a mo itehome park subdlvtsTon on an trregularly- shaped parcel of land conslsttng ~f approximately 38 acres iocated at the northeast -2- PC79-t74 ~ corner of La Palma Avenue and Chrisden S[reet, having ap~roximate fron[ages of 1804 feet on the north side af La Palma Avenue and 710 feet on the east side of Chrisden Street; and does herehy approve the Wegative Declaration from the requlrement to prepare an envtronmental Impact report on the basis that thcre would be no significant individual or cumu!ative adverse environmen[al Impact due to [he approval of this Negative DeclaraCion stnce the Anahelm ~eneral Plan destgnates the subJect property for hiliside low-medium density resldential land uses ccmmensurate with the proposal; ihat no sensitive enviror+nental Impacts are involved in the proposal; that the Initial Study submitted by the peti[ioner indicates no signtftcant tndividual or cumulative adverse environmental impacts; and that the Negative Declaratlon substantlating the foregol~g findings is on file i~ the Ctty of Anaheim Planning Department. ~~OW, THEREFORE, BE IT RESOLVED that the Anahetm Ctty Planning Commission does hereby grant subJect Petition for Condi[lonal Use Permit, upon the follawtng conditions whlch are hereby found to be a necessary prerequisite to the proposed use of the subJect propcrty in order to prescrve the safe[y and general welfare of the Citizens of the Ctty of Anahetm: i. That a tract map to shrnring [he approved division of subJect property shall be submit[ed to and approved by the City of Anahetm and then be recorded in the Office of the Orange County Recorder. 2. That all private streets shall '>e developed in accordance wi:h the City of Anaheim's Standard Detatl No. 122 for private streets. Plans for the private street lighting, as required by [he standard detail, shall be submitted co and approved by the Electrical Divis(o~. Approved private stree[ lighting plans shall then be submitted to the Building Division for inclusion with the building plans prior to tssuance of buliding perrntts. 3. That trash storage areas shall be proYided tn accordance ,+ith approved plans on file with the Offtce of the Executive Director of Public ilorks. 4. That the owner(s) of subJect praperty shall submi[ a let[er requesting the termtnatlon of Condltional Use Permit No. 1138 to the Planning Department. 5. That subJect propetLy shall Se developed suGstan;lslly !rt accardartce wtth plans and specif(catlons on file viith the City of Anaheim marked Exhibit Nos. 1, Z. 3, 4 and 5. 6, Thai Condition No. 1, above-mentt~ned~ shall be complted with prior to the cortmencement of the activity authorized under this resotutton, or prtor to the tlmc that the buildtng permtt is Issued, or wtthin a period ofi one year from date hereof~ whichever occurs first, or such further time as the Planning Cormission may 9rant. 7. That Condltion Nos. 2~ 3~ 4 and 5. above-mentioned, shall be complied ~vith prior to final buildtng and zonirtg tnspections. BE IT FURTHER RESOLVED that the Anaheim City Planntng Commtssion does hereby find and determine that the adoption of thTs Resolutian is expressly predicated upon applicant's canpliance wtth each and all of the conditions hereinabove se[ forth. Should any conditf~~ or any part thereof, be deciared Invalid or unenforceabie by the -3- PC79-t74 f ~ L .Y X~~ final judgment of any court of canpetent Jurisdiction, then this Resolutlon, and any approvals hcre(n contalned~ shall be deemed null and void, THE FOREGOIf~G RESOLUTION is signed and approved by me thts 27th day of August, 1979• a R N ANAH IM LITY PLANNING COtiMIS510H ATTEST: SECRETARY, ANAH~ LAN~MMISSION STATE OF CALIFORNIA ) COUNTY OF ORAMGE ) ss. CITY OF ANAHEIM ) ~ I, Edlth L. Harris, Secretary of the Anaheim City Pianning Carmtssion, do hereby certify [hat the fore9oTng resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 27, 1979, at 1:30 p.m.,by the following vote of the members thereof: AYES: CONNISSIONERS: DAVID. FRY, HERBST, KING NOES: COMHISSIONERS: NONE ABSENT: COMMISSIONERS: BARNES; v~$HORE, TOLAR IN 1JITNESS WHEREOF, I have hereunto set my hand thls 27th day of August, 1979. ~,~ .~ ~,~,~.~. SELRETARY, ANAHEIM CITY PLANt~ING COMH~SSION -4- PC79-~74