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91-205 RESOLUTION NO. ~1R-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3402. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit an existing 236 space mobilehome park upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF LOTS W AND Y OF THE VA/~ GRAAF TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 4, PAGE 440, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 17.71 CHAINS WEST OF THE SOUTHEAST CORNER OF LAND CONVEYED TO ARTHUR H. SMALL BY DEED DATED OCTOBER 31, 1911 AND RECORDED NOVEMBER 8, 1911 IN BOOK 190, PAGE 102 OF DEEDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND SO CONVEYED TO SMALL, 17.114 CHAINS TO THE CENTER OF THE SOUTHERN PACIFIC RAILROAD; THENCE EASTERLY ALONG THE CENTER OF SAID RAILROAD 30.67 CHAINS TO A POINT 17.71 CHAINS WEST OF THE EAST LINE OF SAID LOT W, THENCE SOUTH 17.97 CHAINS TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING: THAT PORTION OF SAID LOT W OF THE VAN DE GRAAF TRACT DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID LOT W, DISTANT THEREON 17.71 CHAINS FROM THE SOUTHEAST CORNER OF SAID LOT 2, SAID POINT OF BEGINNING BEING THE SOUTHEAST CORNER OF THE LAND CONVEYED TO C. C. BENNETT AND WIFE, BY DEED RECORDED APRIL 25, t939 IN BOOK 989, PAGE 484, OFFICIAL RECORDS; RUNNING THENCE FROM SAID POINT OF BEGINNING WESTERLY ALONG SAID SOUTH LINE TO ITS INTERSECTION WITH THE EASTERLY LINE OF THAT CERTAIN 550 FEET IN WIDTH RIGHT OF WAY GRANTED BY ARTHUR H. SMALL AND WIFE TO J. R. PORTER, TRUSTEE, BY A DEED RECORDED DECEMBER 11, 1917 IN BOOK 316, PAGE 239 OF DEEDS; THENCE NORTHEASTERLY ALONG SAID EASTERLY LINE TO ITS INTERSECTION WITH THE EAST LINE OF SAID LAND CONVEYED TO C. C. BENNETT AND WIFE HEREINABOVE REFERRED TO; THENCE SOUTHERLY ALONG SAID EAST LINE TO THE POINT OF BEGINNING BEING ALL THAT PORTION OF THE SAID LAND CONVEYED TO C. C. cup #3402 BENNETT AND WIFE BY SAID DEED, LYING EASTERLY OF THE 550 FEET IN WIDTH RIGHT OF WAY HEREINABOVE MENTIONED. BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT W, DISTANT WESTERLY 1387.56 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT W, SAID POINT OF BEGINNING BEING AT THE SOUTHWESTERLY CORNER OF THE TRACT OF LAND DESCRIBED IN THE DEED EXECUTED BY C. C. BENNETT AND WIFE TO ORANGE COUNTY FLOOD CONTROL DISTRICT, DATED JANUARY 31, 1944 AND RECORDED IN BOOK 1243, PAGE 553, OFFICIAL RECORDS; THENCE NORTH 21° 19' 20" EAST ALONG THE NORTHWESTERLY LINE OF SAID ORANGE COUNTY FLOOD CONTROL DISTRICT TRACT OF LAND 605.20 FEET TO A LINE PARALLEL WITH THE EASTERLY LINE OF SAID LOT W AND DISTANT WESTERLY 1168.86 FEET THEREFROM; THENCE NORTH 0° 07' 50" EAST ALONG SAID PARALLEL LINE 620.43 FEET TO THE CENTERLINE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY; THENCE SOUTH 89° 45' 50" WEST ALONG SAID CENTER LINE 812.11 FEET; THENCE SOUTH 18~ 09~ 50" WEST 1233.87 FEET TO A POINT IN SAID SOUTHERLY LINE OF LOT W WHICH IS DISTANT WESTERLY THEREON 975.30 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH 89~ 30' 10" EAST ALONG SAID SOUTHERLY LINE 975.30 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF LOT Y OF THE VAN GRAAF TRACT, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 4, PAGE 440, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF DOUGLAS STREET, SAID POINT BEING 474.00 FEET NORTH OF THE INTERSECTION OF SAID CENTER LINE OF SAID DOUGLAS STREET WITH THE SOUTH LINE OF LOT Y OF SAID VAN DE GRAAF TRACT; RUNNING THENCE NORTH ALONG SAID CENTER LINE OF DOUGLAS STREET 145 FEET; THENCE EASTERLY PARALLEL TO THE SAID SOUTH LINE OF LOT Y, 195.00 FEET; THENCE SOUTHERLY 145.00 FEET PARALLEL TO THE SAID CENTER LINE OF DOUGLAS STREET; THENCE WESTERLY 195.00 FEET PARALLEL TO THE SOUTH LINE OF LOT Y TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE NORTHERLY 25 FEET THEREOF INCLUDED IN SAID RAILROAD RIGHT OF WAY;and - 2 - CUP #3402 WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC91-57 granting Conditional Use Permit No. 3402, in part; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the city Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the city Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. 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. 3. 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 welfare. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the 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. WHEREAS, the City Council does further find with regard to the hereinafter specified proposed waiver(s) of Anaheim Municipal Code requirements, other than the proposed waiver of off-street parking requirements, as follows: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or - 3 - CUP #3402 surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity; and WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: 1. The variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance under the conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 3402 be, and the same is hereby, granted, in part, permitting an existing 236 space mobilehome park on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTION 18.21.063.010 - Minimum front yard setback. (25 feet required; 15 feet existing) SECTION 18.21.063.020 - Minimum side yard setback. (10 feet required; 3 feet existing) SECTION 18.21.063.030 - Minimum rear yard setback. (25 feet required; ~ existing) SECTIONS 18.21.066.010 - Minimum number of parking spaces. 18.06.050.014 - (531 required; 512 existing) and 18.06.080 SECTIONS 18.04.043.101 - Maximum fence heiqht. and 18.21.064.090 (3 feet permitted in front setback; 6 feet existing) subject to the following conditions: 1. That street lighting facilities along Douglas Road shall be installed as required by the Utilities General Manager in accordance with specifications on file in the office of the Utilities General Manager; or that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be - 4 - CUP #3402 posted with the City of Anaheim within thirty (30) days from the date of approval of this resolution to guarantee installation. 2. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said division. 3. That within ninety (90) days from the date of approval of this resolution, a solid waste management plan, with recycling capabilities, shall be approved by the Street Maintenance and Sanitation Division. 4. That subject property shall be developed in accordance with specific plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1. 5. 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 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. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of June, 1991. MAYOR, OF THE CITY OF ANAHEIM PRO T£~ ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:dnl R34C3402.12 062091 - 5 - CUP #3402 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 91R-205 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 18th day of June, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Simpson AND I FURTHER certify that the Mayor Pro Tem of the City of Anaheim signed said Resolution No. 91R-205 on the 19th day of June, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 19th day of June, 1991. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 91R-205, duly passed and adopted by the City Council of the City of Anaheim on June 18, 1991. CITY CLERK OF THE CITY OF ANAHEIM