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PUBLIC HEARING Vice Mayor Evans announced APPEAL NO. 335 that this was the time and CONDITIONAL USE PERMIT NO. 73-17 place for the public hear- ing on Appeal No. 335, filed by the Orange County Chapter of California Mobile Home Dealers Association appealing the Planning Commission approval of Conditional Use Permit No. 73-17, filed by EPM Hunt Co., to amend CUP 73-10, to allow sales and display of models for mobile homes within a mobile home park in the C 2 and A 1 Districts at 4211 West First Street. Mr. Anton Dumhart, Attorney, 13920 Beach Boulevard, representing the appellant, filed a written request dated January 4, 1974, requesting that the public hearing be continued to January 21, 1974, because he had not received adequate advance notice of the hearing and consequently several persons he had expected to speak in opposition to the CUP were unable to attend the meet- ing. (He indicated that he had been advised of the hearing during a telephone conversation with a City employee on Friday, January 4.) Mr. Dennis K. Hasty, Attorney, 541 E. Chapman, Orange, repre- senting the applicant for the CUP, stated that he was opposed to the request for a continuance. The Planning Director indicated that notice had been mailed in compliance with Code requirements, and that it was customary to notify the appellant at the same time but, through an over- sight, this had not been done. Councilman Yamamoto's motion, seconded by Councilman Markel, to continue the public hearing to the next meeting, January 21, failed to carry on the following tie vote: AYES: Yamamoto, Markel, Evans NOES: Griset, Ward, Garthe ABSENT: Patterson The Vice Mayor opened the public hearing to consider the Nega- tive Declaration regarding the Environmental Impact of the pro- ject and the appeal. The Planning Director reviewed the Findings of Fact of the Planning Commission dated December 18, 1973 and stated that the Planning Commission had been furnished copies of the City Attorney's Opinion No. 74-2, which was also included in the Council's packets. He stated that Environmental Impact Report had been submitted with the initial Conditional Use Permit application for the establishment of the mobile home park, and that the approval of CUP 73-17 would not have a significant effect on the environment. Mr. Hasty and Mr. Edwin J. Evans, 3372 Gilbert Drive, Hunting- ton Beach, representing EPM Hunt Co., concurred in the Negative Declaration. Mr. Dumhart stated his opinion that a new EIR should be prepared because the proposed use will result an increased traffic and increased noise to the residents in the area. Councilman Griset's motion to receive and file the Negative Declaration Form was seconded by Councilman Ward, and carried, with Councilman Markel dissenting. (5 1) CITY COUNCIL MINUTES 17 JANUARY 7, 1974