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PC 82-47O ~ RESOLUTIOtd .10. Pf.f3?-1F7 A RESOLUTIO~! OF TIIF A~lAHEltt CITY PLA"ItJI'•1G COM~IISSI~M TfiqT P[TITIOhJ FOR CQI~DITIOtJAL USE PERt11T t10. 2312 [3[ GRANTED WN[REAS, the Anaheim City Planning Commission dirl receive a verified Petition for Conditional Use Permit from A'IAHE1~1 UI!10~; HIGN Sf,N00!. DISTRICT, 5~1 Crescent Way, Anaheim, California, 9z3o3, oi•mer, and PACfSETTER HOMES, I~JC.~ ATTEPlTION: A!tT MCCAUL, ~i540 Campus Drive, Ne~aport Qeach, California 926Go, agent, of the land in the State of California, County of Orange, Anaheim and is described as follows: TNF1T PORTIOtJ OF VItJEYARD LOT "E-6", AS SI10'dN Opl A t1AP OF AtJAHEIFI RECORDED IPI I300K 4, PAGES 629 ApID 630 OF DEEDS, RFCORDS OF LOS Ai~GELES COUNTY, CALIFORtlIA, TOCETHER 411TH PORTIQUS OF THE ENTERPP.ISE TRACT P,[CORDE~ IP! BOOK 4, PA.r,E 39 OF PtISCELLAt~E0U5 MAPS, RELORDS OF ORA~lGE COUilTY, C/1L I FORtII A. MORE PARTI CULARLY DESCRI[3ED AS FOLLOWS: BEG I tJPd I ~JG AT THE I tdTERSECT I OtJ OF THE SOUTHERIY L I i!E OF ~ I tJCOLN AVEtJUE (FORPIERLY CE~~iER STREET) COIJTAItIED l•!lTHltl THAT CERTAI~d 9•75 FOOT STR I P OF LAtlD COi1DEi•1~:ED DY THE C I TY OF ANA11E I F1 FOR STRFET PURPOSES UfJDER CASE t~0. 2G729, RCCORDED AS It~STRU~lE11T N0. 16310, JULY 2, t931 II! DOOY. 492, PAGE 163 OF DFEDS~ RFCORDS OF ORA~JGE COU"~TY, CALIFOR"IIA, AtlD THE ?JESTERLY LI~E OF THE EtJTERPRISE TRACT, AS SHOIJf~ ON A 11AP THEREOF RECORDED itd DOOK -~, PAGE 89, FOF MISCELLANEOUS MAPS, RFCORDS OF SAID ORAFIGE COU"lTY; THEPJCE SOUTH 1l~ DEG. 2G' 25" EAST 192.06 FEET TO THE TERMIt~US OF THE NORTHERLY IINE OF LOT "B" I!d [3LOCK 1 OF SA~D EPITERPRISE TRACT; THENCE FARALLEL TO LIt~COLN AVENUE (FOP,h1ERLY CEPITER STREFT) F~ORTH 75 DEG, 27' SG" EAST, ALOtJG TI1E FlORTIIERLY L I NE OF SA I D LOT "f3" A D I STANCE OF 4~+.OQ FEET TO THE fJbRTFfERLY PROLOPI6A1'IOPI OF 7HF. EASTERLY LINE OF LOT t~~ IIJ [3LOCh 1 OF SAID [~lTERPRISE TRACT; THEIICE SOUTH 14 DEG. 26' 25" EAST, ALONG SAID EASTERLY LIP~E, 179.57 FEET TO THE INTERSECTION WITH THE CFNTERLINE OF CHEST~lUT STREET, AS SHOWN ON SAID E~~TERPRISE TRACT, THE IJESTFRLY 44.00 FEET OF SAID CHESTPIUT STREET VACATED BY Tt;AT CERTAIIJ RESOLIlTIOFI N0. 3343 OF THE CfTY COUPJCIL FOR TfiE CITY APlAHE1;1 A CF.P,TIFIED COPY OF WHICH WAS RECORDED ~1AY 10, 1~357 IhJ QooK 3904, PAGE 421, QFFICIAL RECORDS OF SAID ORANGE COUPJTY; THENCE CONTIMUING SOUTH 14 DFG. 2G' 25" EAST ALOtJG TtIE EASTERLY LI:~E OF LOT 14, aLOCY. 2 OF SAID Fr1TERPRISF TRACT 138.44 FEET TO THE SOUTHEAST CORNER OF SAID LQT; THENCE PARALLEL TO BROADIJAY STREET~ SOUT11 75 DEG. 25' z9" IJF.ST, ALOPIG THE SQUTtIERLY LItdC OF SAID LOT 44,00 FEET TO A POINT 1Jt11CH IS 14.OQ FEET NORTNERLY Ai~D AT R I GHT ANG~ES TO Tl1E P01 NT OF SEG I ~~t! I P!G OF THAT CERTAIN DEED RECORDED JUNF 15, 1920, FOR ALLFY PIfRPOSES IP1 BOOiC 3u3, PAGC- 52, OFFICIi~L RF.CORDS OF SAID ORAFlGE COUNTY; THEf~CE CONTIIdUIP~G SOUTH 75 DEG. 2$' 29" WEST 203.~0 F~[T TO A~d ANGLE P0~*!T IN TIfE P~ORTIIERLY LINE OF SAID /11.LEY, SItID P(11!1T ALSO DEING DESCRIE3[D IIJ THAT CERTAItJ DEED RECQRDED MAY 23, 1924 IN BOOK $21!, PAGE G~7, OFFICIAL R[CORDS OF S/11D ORl1~1GF C'1U'JTY; TIIE~lCE SOUTN 64 DEG. 09' S1" IJEST 114.92 FEET TO AP! AtIGLE POIPIT i!! TNE ~JORTFIERLY LI;lE OF SAiD ALLL•Y, SAID POIIJT ALSO l3°I~IG DESC51EiED IPI THAT PC82-4% , ~. a::;,., .,. ., J~~ ~~' /r\ CERTAIi~ DEED RECORDED JU(JE 11~ 1^0~ IPI 3QOK 17~1~ PAG[ 2'i9~ OFFICI/1L RECORDS GF S/11D ORAIJGE COUNTY; THEPJCE SOUTIi 75 DEG. 2~~ 2~" WEST, ALOIJG SAID tlORT(1ERlY LItJE, 200.00 F[ET TO TIiE WESTERLY LINE OF SAID VIhaEYARD LOT; TfIE(1CE PJ~RTH 14 DEG. 7_G' 21" WEST, ALOPIG SAID WESTERLY LIIJE, l~02,91 FEET TQ A POIPIT I!! TIIE NORTf~FRLY LIUE OF Tf~AT CERTAI~! D[ED RECORDED OCT0f3ER 11, t~OG Ild B001; 129, PAGE 7~, OFF I C IAL RECORDS OF 5A I D ORAFJGE COUWTY, SA I D Po I pJT BE I~Jr, 200,OU FEET SOUTtiERLY, f1EASURED ALOtJG THE WESTERLY LIPlE OF SAID VINEYAR~J LOT, FROM THE (JORTHtlEST COR~~ER OF SAID VI!IEYARD LOT "E- ~"; TfIENCE ALOiJG SAID LAST 11EiJTiOfJED P~ORTNERLY LINE, PARALLEL TO SAID LIPJCOLt~ AVEPJU[, NORTH 75 DEG. 27' S6" EAST 2~1.00 FEET TO A POINT IN TfiE WESTERLY LItJE OF TtiE EASTERLY G0.00 F[ET OF THE EASTERLY 311.00 FEET, MEASURED FROM THE NORTIiWEST COR~•IER OF SAID V INEYARD LOT "E-6"; TIiE~JCE PARALLEL TO SA I D WESTERLY L I DIE OF VIPIEYARD LOT "E-6", NORTH 1l~ DEG. 26' 21" WEST 180.00 FEET TO THE POIFIT OF I;~TERSECTION WITH TI1E SOUTfiERLY LINE OF SAID LINCOLN AVENUE; THENCE NORTH 75 DEG. 27' S6" EAST 269,61~ FEET TO TIiE POIPIT OF BEGIFJIJI~IG. WfiEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on March 22, 1932, at 1:30 p,m., notice of said publtc hearing liaving been duly given as required hy )ao-i and in accordance with the provisions of the Anaheim Ptunicipal Code. Chapter 13,03, to hear and consider evidence for and against said proposed co~iJitional use permit and to investigate and make findings and recommendations in connection therewith; and WIIEREAS, said Commission, after due inspection, investigation and study made by itseif and in its behalf, and after due consideration of all evidence and reports offered at said liearing, does find and d~termine the fo1lo~~ing facts: 1. That the proposed use is properly one for ~~rhich a conditional use permit is authorized by Anaheim Municipal Code Section 13.31.050.OG0 to wit: to pcrmit a 2-lat~ ~7-unlt residential condominium subdivision with building heights in excess of 35 feet and witA waivers of tfie following: (a) SECTION 18.31.OG1.012 - Minimum lot area er dwellin unit ~_3000 square eet required; 2739 square feet proposed) (b) SECTIOtJ 18.31.063.02G - Required improvement of setback area (landsca in re uired tn setback areas; arkin proposed 2. That waiver (a) is hereby granted on the basis that the request is ~~~ minimal amounting to less than 10~ and that denial would deprive subJect property of ` a privilege enjoyed by other property in the same zone and vicinity, i 3. Tiat ihe requested waivcr (b) is hereby granted on the basis that the f minimum landscaped setback shall be eight (8) feet widc and that all parking areas ~ shal) be dansely landscaped ~•rith mature trees and shrubs to adequately screan the parkiny f~om adjacent streets and residential areas. ~; 4• Tiat the proposed use ~vill not adversely affect the adJoining land uses ~_ and the growth and development of the area in whlch it is proposed to be located. ~ ;, ~ . -2- Pc82-47 ~ ;~ r ~ y ~ n . _ .. .. . . . . , . . . . . . . . ~ ~ -- • ..._ _ . ~.d:a•~% 5. That the size and shape of the site proposed for the use is adequate to alto~a th~ ~ull development of the proposed use in a manncr not detrimental to the particul~.r area nor to the peace, health, safety, and general welfare of the Citizens of the City of Anaheim. 6, That the granting of the Conditional Use Permit undsr the conditions imposed, if any, will not be detrimental to the peace, health, safety ancf general welfare of the Citizens of the City o` Anaheim, 7. That the traffic generated by the proposed use will not impose an undue burden upon the streets anc~ highways designed and improved to carry the traffic in the area. 3, That 3 persons indicated tl~eir presence at said public hearing in opposition; and that no correspondencr_ was received in opnosition to the subject petition. EPJVIROtJME~ITAL IFIPACT FINDItIG: Environmental Inpact Report No. 248 was previously certified by the City Council on Flarch 16, 1932, in conjunction with General Ptan Amendment No. 16?. PJ~IJ~ TIIEREFORE, DE IT RESOLVED that the Rnaheim Cit~ PlannEng Commtssian does fiereby grant subject Petition for Conditiona~ Use Parmit, uoon 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 gencral :•~elfare of the Citizens of the City of Anaheim: That this Conditional Use Permit is granted subject to the campletion of Reclassification P~o. 31-82-17, now pending. 2. That subject property shall be developed substantially in accordance wEth plans and specifications on file with the City of Anaheim marked ExFiibit Plos. 1 through 13. BE IT FURTl~ER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any condition or any part thereof, be declared invalid or unenforceable by the final judgroent of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void, 1982. THE FOREGOING RESOLUTIOPa is signed and approved by me this 22nd day of March jr ~.~ - i`~/ %'~/tG! J ` /~~~ - HA RFIAN PRO TEPiPORE ~ A'lAHE I h1 C I TY PLANN I NG CbMM I SS I 0~9 ATTEST: ~~ ~ ~ SECRETARY, ANAHEIM CITY LANNING COMMISSIQN -3- Pc82-47 ~r+~.~.w~ :~ STATE OF CALIFORNIA ) COUPlTY OF ORAI•!GE ) ss. CITY OF ANAHEIM ) ~, Edith L, liarris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resotution was passed and adopted at a meettng of the Anaheim City Planning Commission held on March 2?., 1!332, at 1:30 p.m., by the following vote of the members thereof: AYES: COh1MI5SI0dERS: aAR14ES, DOUAS, FRY, HERBST, KIPIG, h1C BUR~JEY UOES: COh1MIS510NERS: NONE ABSENT: COM~1ISSIONERS: DUSHORE ~t1 WITNESS WHERE~7F, I tiave her unto set my hand thts 22nd day of flarch, 1982, SECRETARY, ANAHEIh! CiTY PLAt1WItdG CO"iMISS10N -4- PC82-47 ~ ;,~ ~~ -