PC 80-209__ ,....
RFSOLUTIOP! N0. PC80-20g
A RESOLUTION OF THE A~~AHEIPt CITY PLANNIPl~ C011MIS510~1
THAT PETITIOPJ FOR CONDITIONAL USE PERMIT N0. 2121 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Cortgnission did receive a verified
p~tttion for Conditional Use Permit from BAF1K OF CALIFORNIA, N.A., TRUSTEE~ 845
Flgueroa, Los Angeles~ Californta 90054, owner, and FLOYD L. FARRANO, ESQ., 2555 East
Chapman Avenue~ Su-te 415, Fullerton~ California 9263~, agent of certain real
property sltuated in the City of Anaheim, County of Orange, State of California,
described as fotlows:
PARCEL 1: That portion of the south half of the Northwest quarter
of the Southeast quarter of Section 27, Township 4 South, R?nge 10
West, partly in the kancho Las Bolsas and partly in the Rancho San
Juan Cajon de Santa Ana, in the C1ty of Anaheim, as said section
is shown on a map recorded in book 51, page 10 of Mtscellaneous
Maps, records of Orange County, California, described as follows:
Beginning at the Northwest corner of said South half; thence South
0 42' 47" Ezst 200.00 feet atong the West line of said South half
to the true point of beginning; thence Scuth 8~3~ 38~ 07" East
300.00 feet parallel to the North line of said South half; thence
North Oo 42' 47" West 200.00 feet parailel to the West line of
said South half to the Plorth line of said SoutFi half; thence South
~9° 3$' 07" East 450.00 feet along said North ltne; thence South 0°
42~ 47" East 439.02 feet parallel to the LJest line of said South
half to a line parallel with and distant 221,00 feet measured at
right angles Northerly from the South line of said Northwest
quarter of the 5outheast quarter of said Section 27; thence North
89° 38' 14" West 450.00 feet along said parallel line; thence
North 0° 42~ 47" West 200,04 feet parallel to the West llne of
said South half to a line parallel with and distant 239.~0 feet,
measurad at rIg!iL angles Southerly from the Vorth tine of said
South half; thence North 8g° 38' 07" West 3~0,00 feet along said
parallel line to the West line of satd South half; thence North 0°
42' 47~' West 39•~~ feet to the true potnt of begtnning; and
PARCEL 2: The East 450.00 feet of that portion of the South half
of the Northwest quarter of the Southeast quarter of Section 27,
Township 4 South, Range 10 West~ partly in the Rancho Las Bolsas
and partly in the Rancho San Juan Cajon de Santa Ana, in the City
of Anaheim, as said Section is shown on a map recorded in book 51,
page 10 of Miscellaneous Maps, records of Orange Cour.ty,
Ca)ifornia, described as follows: Beginning at the intersectton
of a line parallel with and distant 221,00 feet measured at right
angles Northerly from the South line of said South half wtth the
West line of Lot 24 of Tract No, 3127~ as shrn.m on a map recorded
in book 94, pages 48 and !i9 of Miscellaneous Maps, records of
Orange County~ California; thence along said parallel line Nortl~
89° 38~ 14" West 679,77 feet to an intersection with that certain
curve in the North line of Wilken Way near the Northeast corner of
the intersectton of said Wilken Way and Harbor Boulevard, as shown
PCBo-20g
on said map of Tract PJo. 3127 sald curve being concave to the
Northeast and having a radius of 15,00 feet, a radlal line to satd
curve at said intersection having a bearing of South 21~ 24~ 0$"
West; thence Easterly 5.51 feet along said curve to the Easterly
terminus thereof; thence Easterly 675.98 feet along the various
courses in the Northeriy lines of Wilken Way as shown on said map
of Tract No. 3127, to the Southwest corner of sald Lot 24; thence
North 0~ 42' 47" West 9.00 feet to the true polnt of beginning;
and
PARCEL 3: The East 100 feet of the North 200 feet of the West 300
feet of that portion of the South half of the Northwest quarter of
the Southeast quarter of Section Twenty-seven~ Township Four
South, Range Ten West, S. B. B, E M., partly in the Rancho Las
Boisas and partly in the Rancho San Cajon de Santa Ana~ descrlbed
as follows: BegPnning at the Northa~est corner of said South half
of the Northwest quartrer of the Southeast quarter of Section
Twenty-seven; thence South 89~ 38' 07" East a71,29 feet along the
North line of said South half of the Northa~est quarter of the
Southeast quarter cf Section Twenty-seven; thence South 0° 42~ 47"
East 500.02 feet along a line parallel to the West line of said
Southeast quarter of Section Twenty-seven to a point on a line
parallel with and distant 160,00 feet measured at right angles
Northerly of the South line of said Northwest quarter of the
Southeast quarter of Section Twenty-seven; thence Horth 89° 38~
14" West 871,29 feet along said parallel line to a point on satd
West line of Southeast quarter of Section Twenty-seven; thence
North 0° 42' 47" West 500.05 feet along said West line of the
Southeast quarter of Section Twenty-seven to the point of
beginning.
WHEREAS, the City Plan~ing Comr,~Jssion did hold a puLlic hearing at the Ctvic
Center in the City of Anaheim on November 3, 1980, at 1:30 p.m., notice of said
public hearing having been duly gtven as required by law and in accordance with the
provisions of the Anahetm Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed condltional use permit and to investtgate and
make flndings and recommendations in cannection therewtth; said publtc hearing having
been continued to the Planning Comm!sslon meeting of December 1, ig80; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the proposed use is properly one for a~hich a condltional use
permit is authorized by Anaheim Municipal Code Section 18,03.030,010 to wit: To
permit a 2-lot~ 99-unit (25$ affordable) condominium subdtvision with the following
waivers:
(a) SECTlON 18,31.06i.012- Mlnimum lot area per dwellinq unit.
3000 squar2 eet required;
1889 square~eet proposed)
(b) SECTION 18.31,062,012 - Maximum struc[ural height.
1 storv wit n eet of singie-family
resi ential zonin permjtted and 2 tories overali
perm tted; 2 and stories proposed~
-z PC80-209
......,: .
(c) SECTION 1d,3i.062.020 - Maximum site coveraqe.
(d) SECTION 1~.31.062,030 - Minimum floor araa.
(e) SECTIOP~ 13,31.0G3.031 - Minimum rer.reation-leisure area.
10 0 square eet per unit required;
Q79 square feet proposed)
(f) SECTfON 18.31.066.010 - 1linimw~ number and t e of arktng spaces.
3 7 spaces - T9 in gara es required;
233 spaces - 10' in~ proposed)
~?. {g) SECTION 18.31.068.021 - Maximum fence height.
~- 2. That the proposed use and waivers (a), (b)~ (e) and (f) are hereby
r granted on the basis that the petitioner stioulated that this project will consist of
a ~rinimum 25~ affordable housing with 25$ of the units being sold as low or moderate
income housing pursuant to Government Code Section 65gt5; and chat the o-~aivers herein
granted constitute developnent bonuses end are warranted due to the fact that the
developer has agreed to buildino not less than 27~ of the untts for low and moderate
lncome housing and has agreed to enter into an agreement with the City of Anaheim
pursuant to said 6overn~ent Code Section 65915 agreeing to maximum initial sales
- prices as appro•red by tlie ~ity of Anaheim, together ~~it~ such additional convenants
and cor,dittons including resale controls as may be reGuired hy the City of Anaheim.
:: 3. That the proposed waiver; (c), (d) and (g) are hereby denied on the
~ basis that the petitioner submitted a revised plan elimtnatinq the need for said
~`j waivers.
4, That the proposed use is hereby granted subject to the peti[ioner's
stipulation that prior to aoproval of the final map of Tract No, t~3o5, the devel~per
shall enter into an aqraement with each of the 45 permanent mouiiehome nouseholds or
s~all submit evidence, satisfactory to the Ctty, of wlllingness to enter into a~
agreement or shall furnish proof thereof to the City agreeing to provide relocation
assisance to said 45 households in accordance with Alternatives "A~', "B" or "C" as
follows and as heretofore stipulated to by the devcloper on December 1~ 1980:
Alternate "A" for mobilehomes less than 5 ears old: Developer
pays 100$ knock-down~ transportation and set-up charges to another
robilehome park located within $0 miles of the Westwinds Trailer
Lodge for tenants on fixed incomes; or the developer pays 50$ of
those charges for tenants not on fir,ed incomes. Relocation
assistance will be provided without charge by the developer.
OR
Alternate "B" far mobi)ehomes more than ; years old: Tne tenant
retatns the un t and the deveiapeer pays cash acc~~rding to a
formula based on how long the tenant has owned the mobilehome in
Westwinds Tratler Lodge, The tenant then pays all mcrv!ng costs.
The formul.~ consists of (1) subtractinq the appraisPd off-site
mobi)ehome value from the appraised on-site value and (2) appiytng
an equity resFdue factor of 70$ to the differenc~ thereof (the
`3- PC80-?49
equity residue factor ts reduced by 1n~ for each year the tenant
has lived in 4lestwinds Trailer Lodge). The resuit wi11 be the
cash amount which the developer r~tll pay to the tenant, provtded
that the minimum payment will be i1,000.
OR
Alternate "C" for mobilehome homes regardless of aqe: The tenant
retain~ the unit and the developer pays cash amounting to $1,7p0
for single-wide mobilehome coaches and $2,300 for double••wide
coaches. Satd amounts, according to the developer, are the actuai
costs as of December 1, 1980, for relocating such coaches o-~fth(n a
50-mil~ radlus of Westwinds Trailer Lodge,
5. That the proposed use. as granted, wi)) not adversely affect fihe
adJointng land uses and the gra•ith and development of the a~ea in which it Is
proposed to be located.
6. That the size and shape of the s~te proposed for the use, as granted,
is adequate to allow the full development of the proposed use in a ma~ner not
detrimental to the partlcular area nor to the peace, health, safety, and gen~rai
welfare of the Citizens of the Ctty of Anaheim,
;. That the granYing of the ~onditional Use Permtt under the conditions
imposed, if any, wil) not be detrimental to the peace, health, safety and general
Welfare of the Citizens of the Lity of Anaheim.
$. That the traffic generated by the prooosed use, a; granted, will not
impose an undue burden upon the streets and higho-iays designed and tmproved to carry
the traffic in the area.
9. That approximately 30 persons at tiie ~ctaber 2n~ 1oA~ mee*.ing;
approximately 5~ persons at the ~Jovember 3, 1980 meeting; and a~pr~xltnately 72
persons at the December 1~ 1980 meeting indicated their• presence n.*, sa~d public
hearing in opposition; and that one letter o-~as received in opposPtt~n to, subject
petition.
ENVIRONMENTAL IMPACT FINDiNG; That the Ar,aheim City Planning Gortm?sslan h~s
reviewed the prooosal to reclassify subject ro ert~ ~rom the RS-A~~
(Residential/Agrfcultural) Zone to the RM-3000 (Residential, Multiple-Fanily) Zone~Oo
permit a 2-loL~ 99-unit condomintum suhdivision with waivers of miriimum lot area per
dwelling unit, maximum structural height, minimum recreatton-leisure area and minimum
nurnber and cype of parking spaces on an irregu)arly-shaped parcel of land located
north and east of the northeast corner of Wilken lJay and Harbor Boulevard, and havtng
approximate frontages of 440 feet on the north side of Wilken Way and 39 feet on the
east 51de of Harbor Boulevard (2170 South Harbor Bou;evard); and does hereby approve
the Negative Decliration from the requirement to ~repare an environmental tmpact
report an the basis that there would be no significant indtvidual or cumulative
adverse environmental impact due to the approval of this PJegative Declaration since
the Anaheim General Pian designates the subject property for mediur,~ density
residential land uses commensurate ti•~ith the proposal; that no sensitive envtronmental
impacts ~re im olved in the proposal; that the Initial Study submitted by the
Petitioner indicates no significant individual or cumulative adverse environmental
-4 PC80-209
impacts; and that the Negative Declaration substantiating the foregoing findings is
on file in the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant, in part, subject Petition for Conditto~al Use Permit, upon the
foliewir~g 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 generai
welfare of the Citizens of the City of Anahein:
i. That this Conditional Us~ Permit is granted subject to the completion
of Reclassification No. 80-31-14 now pending and approval of Tentative Tract No.
113U5.
2. That subject property shall be developed suhstantially in accordance
with plans and specifications on ftle with the City of Anaheim marked Revision No. 1
of Exhibit No. 1, and Exhtbit Nos. 2, 3 and 4.
3. That prior to approval of the ftnal map of Tract No. 11305, the
developer shall enter intn an agreement with the City of Anahelm pursuant to
Government Code Section 659~5 agreeing to maximum sales prices as approved by the
City of Anaheim for a minTmum of 25$ of the units to be low and moderate cost housing
as defi~ed by said Government Code SectTon 65°15. together with such additional
covenants and cenditions including resale controls as may be required by the City of
Anaheim.
4. That the proposed use is he~eby granted suhject to the petitioner's
stipulation that prior to approval of the final ma~ of Tract No. 113~5, the developer
sha11 enter into an agreement with each of the 45 permanent mohitehome households or
sha11 submit evidence~ satisfactory to the City~ of willingness to enter into an
agreement or shall furnish proof thereof to the Ctty agreeing to provide relocation
assistance to said 45 househo)ds tn accordance tirith Atternatives "A", "a" or "C" as
follows and as heretofore atipulated to by the developer on December 1, 1980:
Alternate "A" for mobilehomes less than 5 ears oid: Developer
pays 100 knock- o~an, :ransportat on an set-up charges to another
mobilehome park located wtthin 50 mtles of tfie 4lest Winds Trailer
Lodge for tenants on fixed incomes; or the developer pays 50$ of
`hose charges for tenants not on fixed incomes. Relocatton
assistance will be provided without charge by the developer.
OR
Alternate "B" for mobilehomes more than 5 years old: ThP tenant
retains fhe unit and the developer pays cash according to a
formula based on how long the te.nant has o~~ned the mobilehome in
Westwinds Trailer Lodge. The tenant then pays all moving costs.
The formula consists of (1) subtracting the appratsed off-site
mobilehome value from the appraised on-site value and (2) applyina
an equity residue factor of 70p to the difference thereof (the
equity restdue factor is reduced by 10~ for each year the tenant
has lived tn Westwinds Trailer Lodge). The result wTll be the
cash amounC which the developer wfll pay to tfie tenant, provided
that the minimum payment will be $1,000.
-5-' PC80-2J9
;;,&r~~~ ,.;: .. . . 1
~
OR
Alternate "C" for mobilehome homes regardless of age: The tenant
retains the un~t and the developer pays cash amounting to $1~700
for single-wide mobilehome coaches and $2,300 for double-wide
coaches. Sald amounts, accarding to the developer, are the actual
costs fo~ relocating such coaches within a 50-mile radTus of
Westwinds Trailer Lodge.
BE IT FURTIiFR RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoptlon of this Resolution is expressly predicated upon
appllcant's compliance with each and all of the condittons hereinabove set forth.
Should any such condition~ or any part thereof, be declared invalid or unenforceable
by the final Judgment of any court of competent jurfsdictton, then this Resolutlon,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOIMG RESOLUTION is signed and approved by me this lst day of
December. 1980.
ATTEST:
/~u~~ Q~~
CHAIR AN, ANAHEIM CITY PLANNI~~G COMMISSION
n ~~1T1, ~/l~tti
SECRETAR , ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEiM )
I, Edtth L. Herris~ Secretary of the Anaheim City Planning Comrnission, do
hereby certtfy that the foregoi~g resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on December 1, 19$0~ by the fotiowing vote
of the members thereof:
AYES: COMMISSIOMERS: BARNES, BOUAS. BUSHORE, FRY, KING~ TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HERBST
IN WITNESS WHEREOF, I have hereunto set my hand this ist day of December,
1980.
~~ ,~° ~,~~.
SECRETARY, ANAHEIM CITY PLAWNING CQMMISSIOt~
'6- PC80-209