PC 82-202~..,
RESOLUTION NO. PC82-202
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMM7SSION
THAT PETITION FOR CONDITIONP.I, USE PERMIT NO. 2391 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition f.or Conditional Use Permit from ESP~RANZA VILLAS, 14201 Chambers
Road, Tustin, California 92680, owner and ROB~RT MICKELSON, P. O. Hox 2303,
Orange, California 92669, agei:c of certain real property situated in the City
of Anaheim, County of Orange, State of California, described as:
70TS 1 TO 21, HOTH INCLUSIVE~ OF TRACT NO. 7876, AS SHOWN
ON A MAP RECORDED IN HOOK 363, PAGES 47 AND 48 OF
MISCELLANEOUS MAPS, RECORDS OF ORAN6E COUNTY~ CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at
the City Hall in the City of Anaheim on November 1, 1982, at 1:30 p.m., notice
of said public hearing having been duly given as required by law an3 in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear aad consider e~~idence for and against said proposed conditional use
permit and to investigate and make findings and recommendations in connection
therewith; 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 hearinq, does find and determine the
following facts:
1. That the proposed use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.03.03Q.010 to
wit: to permit a 21-lot, 97-unit affordable residential condominium conversion
with waivers of the following: .
(a) SECTION 18.31.061.012 - Minimum lot area per unit
(3000 sq. ft. per unit required;
2405 sq. ft. existing)
(b) SECTION 18.31.062.020 - Maximum site coverage
(40$ permitted; 44.7~ existing)
(c) SECTION 18.31.066.010 - Minimum number and type of parking spaces
(243 non-tandem spaces required; 239
spaces including 26 tandem open spaces
existing)
2. That the above-requested waivers are hereby granted on the basis
that denial would deprive subject propei~~y of privileges being enjoyed by
other properties in the same zone and vicinity and that the parking waiver is
minimal amounting to a variance of less than 2$ from the required number of
spaces and that all tan3em spaces will bF assigned to the same dwelling.
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.
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4. That the size and shape of the site proposed for the use is
adequate to allow the full development of th~= proposed user 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 gr.anting 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 oE 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 }o carry
the traffic in the area.
7• That two pqrsons indicated their presence at said public hearing
in opposition; and that no correspondence was :eceived in opposition to the
subject petition.
ENVIRONMENTAL II~ACT FINDING: That the Planning Director or his
authorized representative has determined that the proposed project falls
within the definition of Categorical Exemptions, Class 1, as defined in the
State EIR Guidelines and is, therefore, categorically exempt from the
requirement to prepare an EIR,
NOW, THEREFORE, HE 2^ RESOLVED that the Anaheim City Planning
Commission does hereby qrant subject Petition for Conditional Use Permit, upon
the following conditions which are hereby found to be a necessary prerequisite
to the proposed use of the subject property in order to preserve the safAty
and qeneral welfare of the Citizens of the City of Anaheim:
1. That a tentative and final tract map shall be processed with the City
of Anaheim and a final tract map recorded in the County Recorder's
office.
2• That the original documents of the covenants, conditions, and
restrictions and a letter addressed to the developer's title company
authorizing recordation thereof, shall be submitted to the City
Attorney's Office and approved by City Attorney's Office, Public
Utilities Department, Building Division, an3 the Engineering Division
prior to the final tract map approval. Said documents, as approved,
shall be recorded in the Office of the Orange County Recorder.
3. That prior to ap.proval of the final tract map, the applicant shall
present evidence satisfactory to the Chief Building Inspector that
the converted units are in conformance with Cou.ncil Policy No. 542,
Sound Attenuation in Residential Projects.
4. That the seller shall provide the purchaser of each condominium unit
with written information concerning Anaheim Municipal Code SFCtion
14.32.500 pertaizing to "parking restricted to facilitate street
sweeping." Such written inf~rmatiun will clearly indicate whe~~
on-street parking is prohibited and the penalty for violation.
5. Thac prior to the approval of the final tract map, the applicant
shall present evidence sa*.isfactory to the Chief Building Inspector
that the unit is in conformance with the Noise Insulation Standards
specified in the California Administrative Code, Title 25.
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6. That prior to final tract map approval, the developer shall enter
into an agreement with the City of Anaheim pursuant to Government
Code 65915 which agreement shall be recorded concurrently with or
prior to t_he approval of the Final Map and which shall provide that
25$ of the units shall be sold as low or moderate income housiny as
defined in Government Code 65915 and with appropriate resale controls
as approved by the City of Anaheim.
7. That the existing structures shall be brought up to the minimum
standards of the City of Anaheim, including the Uniform Building,
P1umUing, Electrical, Housing, Mechanical and Fire Codes as adopted
by the City of Anaheim.
8. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 through 15.
9. That Condition Nos. 7 and 8, above-mentioned, shall be complied with
prior to final building and zoning inspections.
BE IT FURTHER RESOLVED tliat the Anaheim City Planning Commission 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 si4ned and approved by me this lst day of
November, 1982.
HA N, ANAHEIM CITY ANNING COMMISSION
ATTEST:
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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 foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on November
1, 1982. by the following vote ot the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, LA CLAIRE
NOCS: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MC BURNEY
IN WITNESS WHEREOF, I have hereunto set my hand this lst day of -
November, 1982.
~Q ~i(.~ ~ 4`~/(.tct/
SECRETARY~ ANAHEIM CITY PLANNING COMI`+ISSION
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