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PC 80-179RESOLUTION PJO. PC 80-179 A RESOLUTION OF THE ANAHEIt1 CITY PLANNING COMMISSION THAT PETtTION FOR LONDITIOPJAL USE PERMIT N0. 2115 BE GP,ANTED. WHERE~S, the Anaheim City Planning Commission did receive a verified Pr_tition for Conditional Use Permit from EDWARD A. PADILLA AP~D CHERYL L. PADiLLA, 47J2 Cedar, torba Linda, California 92686, o~•m ers of ccrtain real property situated in [he City of A~aheim, County of Orange, S[ate of California, described as: Lo[s 9. 11. 13 and 15 ~` Stuecklc Subdivision, as per map thereof recorded in Book 8, Page 43 of Miscellan~ous Maps, records of Orange Coun[y, California. uHEREAS, 7he City Ptanning Cor,unission did hold a public hearing at the Civic Center in [he City of Anahein on Oc[ober 6, 1980, at 1:30 p.m., notice of said public hearing having been duly given as reouired by lati•i and in accerdance a~ith the provisions of the Anahein Municipat Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investiga[e and make findings and rec~nendations in connect~on [herewith; said public hearinq having been con[inued to thc Planning Cocrissio^ c,ceti~c of Oc[obcr 20, '98~: and WHEREAS, said Ccrr^ission, after due inspection, inves[igation and study made by i[self and in ics behalf, and after due consideration of all evidence and reports offcred a[ said he~ring, does find and de[crmine [he `ollowing facts: 1. That thc proposed usc is properly one for which a conditional use permit is authorized by Anaheim Hunicipal Code Sec[ion 18.03.030.010 to wit: to permit a onr-lot, 22-unit condominiu~ complex (25% affordable) with waivers of: (a) SECTICN 18.31.061.012 - Minimum lot area er da~ellin unit. 3000 square feet required; tC~ .~f` Fnn~ ~rn~~c~~~ ~lv .~,y~+ - (b) SECTION 18.31•062.012 - Maximum s[ructural height within 150 fcet of single-famiiy zone. 1 story permitted; 2 stories proposed at 45 feet) (c) SEC710N 18.31•063.030 - Mir.imum recreational-leisure area. 1000 square feet per unit required; 770 square fee[ proposed) (d) SECTION 18.31•Q66.010 - Minimum number and [ e of arkin s aces. 77 s aces with enclosed in a garage required; 5 spaces with 2 in carports prop~sed) (c) SECTION 18.31.065.011 - Minimu~ dista~ce be~ti•ieen buildings. 15 and 25 fcet req~~ired; 13 ond 21 fee[ proposed) PCBO-t79 2. That the above-mentioned waivers are hereby granted on the basis that this project will be a minimum 25~ affordable with 25G of the units being sold as low or moderate income housing pursuant to Government Code Section 65915 and that the waivers herein constitute development bonuses and are warranted due to the fact that the developer has agreed to building not less than 25~ of the units for low and moderate income housing and has agreed to enter into an agreement with the City of Anaheim pursuant to said aoernment Code Section 65915 agreeing to maximum initial sales prices of three (3) units at $57,252, three (3) units at $63,500, and five (5) units at $69,000, together with such additional covenants and conditions including resale controls as may be required by the City of Anaheim; provided that in the event the Marks-Foran '~ond is issued and financing is available, the remaining e!even (11) units shall be sc . for prices not to exceed $75,257 each. 3. That 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. 4. 7hat 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 of the Citizens of the City of Anaheim. 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety, and general welfare of the Citizens of the City of Anaheim. 6. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved ta carry the traffic in the area. 7. That no or~e indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. EidUiRONt•tEi1TAt It~tPACT FItdDING: Tha[ th~ Anaheim C~ty Plar;~~;ng Commissio~ has revie!yed the proposal to reclassify subject property from the PD-C(Parking District- Commercial) Zone to the RM-3000 (Residential, Multiple-Family) Zone to permit a one-lot, 22-unit affordable condominium complex on a rectangularly-shaped parcel of land consisting of approximately 0.89 acre,having a maximum depth of approximately 1?5 feet and being located approximately 200 feet west of the centerline of Anaheim Boulevard; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designdtes the subject property for medium density residential land uses commensurate with the proposal; that no sensiYive environme~tal impacts are involved in the proposal;that the Initial Study submitted by the p:ti~ioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the forenoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT F.ESOLVED that the Anaheim City Planning Commission does hereby gran[ subject Petition for Conditional Use Permit, upon the following cenditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to pr?serve the safety and general welfa:e of the citizens of the City of Anaheim: -2- PC~o-179 .. ,s l. ThaC this C~nditional Use Permit is granted subject to the completion of Reclassification No. 80-81-12, now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheirti marked Exhibit Nos. 1 through 4. 3. That Condition No. 2, above-mentior~ed, shall be complied with pi'ior to final building and zoning inspections. BE IT FURTHER RESOLVED Yhat 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 ;udgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 20th day of October, 1980. 1~.s..~~ U. ~~ C AIR AN ATTEST: ANAHEIM CITY PLANNING COMMISSION ~W ~C • /~~•u~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ) ss CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the fore9oi~g resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 20, 1980, at 1:3Q p.m., by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HcRBST, KING AND TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNE55 WHEREOf, I have hereunto set my hand this 20th day of October, 1980. ~ J ~ K • ~A SECRETARY, ANAHEIM CITY PLHNNING COMMISSION -3- PC8o-t79