PC 80-137Z[SOLUTIQ'I '1!1. PC,u'?-137
A RCSOL!ITIO(! OF 71!f_ Ar1AIfEl~1 CITY PLP.tIP,i'Ir, C0~!".ISSIn'!
THF~T PETITIOt! Fna, C~rIDI7I0'!~L USE PE?~~IT ~t~. 21J7. BE GRA!!TE^.
1•lttERE/~S, the Anaheim City Pianninq Conmission did receive a verified
petition for Conditional Use Permit fron C!IE°YL J~ ~tATLOCK, 1"21 Derh•y 7rive, Santa
Ana, California ~~2705, oti•mer, and LYid'; L. F1/ITLOCi:, 1"~1 Derhy Urive, Santa Ana,
California 927~'75, agert cf ccrtain real property situated in the City nf Anaheir~,
County of Orange, Stat~ of California, describecl as folicw~s:
Parcel 1: The tlortherly ~~ feet of the hlorT.herly ~ acres o` the
follot~ing: The East half of the 'lortheast quarter of the
Southeast quarter of Section iti, in To~:~nsni[~ !~ South, Range 11
41est, San f3ernardino Dase and !ieridian; Exceoting therefrom said
East half of the Northerly G7~.t~~ feet thereof; Excepting fron
said ilortherly 9u feet the Easterly '~~ feet thercef as granted to
the State of California by deed rrcorded 'larch 1, 1^51, in Uook
2151, Page 1~40, Official Records in the Officc of the CountY
Recorder of said Orange Counry; Aiso excep*_ing fron said tJortherly
93 feet the Westerly 27~ feet thereof; and
Parcel 2: The Easterly ~.5 feet of t~e l~lesterly 7_"1. ; feet of the
PJortherly ; acres of the folln~~~ing: The East one-half of the
tJortheast quarter of the Southeast quarter of Section 11~, To~mship
4 South, Ran9e 11 blest, S. E3. B. ` ~1. Exceptin~ there`rom the
Northerly G7°.1+~ feet of said East one-half; Exceptinq `ram the
Easterly ~1,5 feet the tlortherlv °5 feet; and
Parcel 3: The Southerly 1~'? feet of the tlortherly t'~~ feet of the
Easterly 170 feet of the Northerly 5 acres of the following: The
East one-half of the hlort`ieast Guarter of the Southeast quarter of
Section 14, Toamship ~E South, Range 11 llest. 5, D. Q. E h1.
Excepting from said East one-half the tdortherly 57^.lr~ feet
thereof. Fxcepting from satd Southerly 1~~ feet of the Easterly 1+'?
feet tliereof asa~•anted to [he State of California hy deed recorded
Marc`~ 1, 1~~1, in Book 2151~ Paae 4~t~, Orficial Records, in the
Office vf the County Recorder of said Orange County; and
Parcel •'t: The 4lesterly 27~ feet of the hlortherly 5 acrPs of the
follot•~ing: The Fast one-half of the tJortheast q~i~rtPr of the
Sou*.heast quarter of Section 11+, in Toa~nshi~ 1; South, Ranqe 11
4lest, San f~ernardino flase and !leridian; Excepting therefrom the
IJortherly ~79.45 fcet of said East one-half.
41HERE/lS~ the CiY.y Planning Conr~ission ~Jid hold a~ul,lic h~arinn at thA Civic
Center in the City of Anaheim on August ?_5~ 1^~'1, at 1:3~ o.m., noticr_ of said public
hearin9 having heen duly given ~s requir~d l~y li~•~ and in accordance ~yith the
provisions of the ~n~heim !lunicipal Code, Chapt~•r 1".^3, to hear and consider
evidence for and a~ainst sai:1 pro,^.o~e.: conr+itional use permit and to investigate and
make flndings and recanmendations ~n connecticn theres•iith; and
PC80-137
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WfI:REnS~ ,aid Commission, after due inspectio~, investi~~t:ion and study ma~fe
by itseif and in its hehaif, ancl after due consideratinn ^f ,~11 evidence and reports
o"ercd at said iiearirg, does find and deterr~ine the f~l)rn~ing facts:
1. That the proposed use is pronerly one `or ti•~hich a conditional use
permit is authorized by Anaheim ."tunicipal Code Section 1°.!13.~~^.~1~ to wtt• to
permit ~ 1-l~t, i;0-unit affordable residential condominium project.
~° That the proposed use is hereby qranted suh_ject to the follovring
stipulations made by the petitioner at the ~ublic hearing•
a, That a minimum of ~t7.".; of the units shall he sold as low and moderate
cost housing as defined in Government Code Section ~~.'',915~ in price
ranges approved by the City of Anaheim and with appraprtate resale
controls also ao~roved by the City. The developer shali, *_herefore,
enter into an agreement ~•rith the City of /lnaheim pursuant to Government
Code Section b591>, i•ifiich agre.enent shall be recorded concurrently ~•~ith
or prior to the final tract map.
b. That 6-foot high fencing shall be provided around the entire site
(excepting the setback along Reach Qoulevard), provided, ho~•~ever, that
a masonry block i-,all shall be constucted arljacent to all commercial
uses.
e. That the origina) doeuments o` the covenants, eonditions ancl
restrictions shall provide that any tandem par'ring spaces shall be
specifically assigned to occuoants of the units a~hich the tandem spaces
are intended to serve,
3. That the pronosed use, as aranted, ~•,i 11 nc+t adv~rc~)v ;±Ff~~t ~~2„
adlc;rir,g t~rJ uses anJ tne gro~.~th and development of t!ie area in aihich it is
proposed to be located.
4. That the size and shaoe of the site propased for the ~~se, as granted,
is adequate to allot•; the full develorment of the proposed use in a r~anner not
detrimental to the particular area nor to the peace, health, safety~ and qeneral
welfare of the Citizens af the City of Anaheim.
5. That the granting of the Conditional Use Permit under the cor.ditions
imposed~ if any, ~,~111 not he detrimental to the peace, health, safety and general
ivelfare of t!~e Citizens of the City of Anaheim,
6. That the traffic generate:i by the proposed use~ as granted, will not
Impose an und~~e burden upon the streets and highways designed and ir~proved to carry
the traffic in the ~rea.
7. That .~o one indicated their presence at ;aid public hearing in
oppos(tion; and that no correspondence i•~as received in opp~sftion to the subjece
petltion.
EPJVIROf~MEPITAL I~1PAf.T FINDING; That the Anaheim Cit~~ Planning Commtssion has
reviewed the proposal to reclassify subject property from thc RS-A-h?~Oq~
(Residential/Agricultural) ~one to the RN-;~Ol? (F',esidential, ~1ultip)e-Family) Zone to
-z- PC8o-137
pernit a 1-lot, 60-unit afPordahle condociinium projert on an irrenularlv-shaped
parcel of land consisting of approxima_ely 2.~;? acres, havinn a frontage of
approximately 105 `eet on tiie ~~lest side of ~cach 3oi~lev~rd, !;a~~ing a maximum depth of
appror.imately ut; feet and being located anproxim3teiy F~7~ feet snuth Orange Avenue;
and docs hereby approve tiie ~deyative Declaration fron [hr re~uirement to prepare an
environnental in~3ct report on the basis that t:~ere ~rould he no significant
individual or cumulative adverse environmental im~act ,!u~. t~ the approval of this
Hegative Declaration slnce the /1na!~eim ;enr_ral Pl~n desian~*es the subject property
for general conmercial and/or mediun rlensit~• residential land uses r_ommensurate a~ith
the proposal; that no sensitive environmental inpacts are invo)ved in the proposal;
that the.initial Study suhmitted by the ~etitioner indicates no significant
individual or cumulativr adverse environmental im~acts; and that the Negative
Deciaration suhstantiating the foregoing findings is on file in the City of Anaheim
Planning Jepartment.
FJOW, TfIER[FORE, QE IT RESOLVCD th~t the Anaheim City Planninq Commission
d~es hereby grant subject Petition for Conditional Use Permit, upon the following
conditions ti•~hich are hereby found to hA a necessary prerequisite to the proposed use
oT the subject property in order to preserve the safety and gener~l o~elfare of the
Citizens of the City of Anaheim:
1. That this Conditional ',ISe Permit is ~ranted suhject to the cempletion
of Reciassification tlo. 30-C1-5, nor~ pendinq,
2. That subject property shall be ~leveloped suhstantially in accordance
with plans and speeifications on fite ti~ith t~~e City of /lnahein marke~l Exhihit ~los. 1
through !t; provided, ho:•~ever, tliat:
a, a G-foot high fence shall be construct~d around the entire site except
for tf~e setback along Beach Boulevard and that said fencing shall
eonsist of masonry blocks adjacent to all conmercial uses, and
^. open guest parking spaces may be reduc~d in size to minimur~ dimensions
of 17 feet by 7-1/2 feet.
3. That a minimum of 47`; of the units shall be sold as lo~~~ and moderate
cost housing as dcfined in Governnent Code Section ~5'11>, in pric~ ranges approved by
the City of Anaheim and ~~ith apprnpriate resale controls also anproved by the City.
The developer shall, therefore, enter into an agreement a~ith the City of .4naheim
pursuant to Government Code Section 55~1;, a~hich agreer~ent shall he recorded
concurrently ~vith or prior to the final tract map.
1f, That the original documr.nts of the covenants, con~+itions ~~~-~
restrietionsshail provide that any tandem parl;ina spaces shall he ,~~eci`icall
assigneJ to occupants of the units ~~rhich the tandem parl-inn Sp~~nS arP inten~ied to
scrve.
6E IT FURTI(ER RESOLVED t`iat the Anaheim City Planninn Cor;mission dcc f~rr~hy
find and deternine that the adoption of this Resolution is er,pressly rredicat~~t upon
apPlicant's compliance ~~ith each and i11 of the conditions hereinahove set forth.
Should any condition or any part therFOf, h= declared invalirf or unenforceable by the
final judgment of any court of competent jurisdiction, then this Resolution, ~nd any
approvals herein contained~ shail be deemed ~u1) and void.
_ 3' PCt3n-137
THF. F(?CFG~IiI; RESOLUTI01; is sign.r.d and approved I~y me this 2~th day of
August, 1`~~~•
`1,~, ..,,..: ~ ~.1' . -}~ , -_~ . - .
CIIAIP,11~~1 PRO TE!1PORE
A'!,4~!EItS CITY PL/1ti~!I"!f, C~'1"~IS~I!?"I
ATiEST
~~.~-~. x' ,~~..
SE~~ETR.°.Y~ A'•!AHEI`1 CITY PLF1~l~JI"JG C(!'~t +ISSIO!!
STATE OF CAL-FQ.°,!~1,4 )
COUPITY OF ORAI;GE ) ss.
CITY OF ANAt;[IN )
1~ Edit~ L. Harris, Secretary of the Anahetm City Planninn Comciission, do
nereby cer*_ify that tF~e fore~oing resoliition t•~as passed and aciooted at a neeting of
the Anaheim Cir.y Planninn Sor.mission held on ~ugust '~, 1^n^, at 1:3n p,e,,~by the
folla•ring vote of the nentiers tl~ereof:
AYES: COMHISSIOtIERS: EF~h1~S, t?USHO°[, PO!iAS, F~'Y, ~{r?r~T, ;:li!~
F10E5: CO'1t11 SS I0tlERS: t10~lE
ABSEP~T: CnM!1ISSIO~iEP,S: TnLP.R
I`I llITP1ESS 1•!HE°FOF, I have hercunto set my har~ this 2~th day of P.ugust, 14~i0.
~~ !x-(-[-C~ vC n ^~
SECRFTARY, .4"IAIIEI'1 CITY PIPtRiI'I~ C~H'!IS51~'I
-1{- PC~3~-137