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Resolution-PC 99-204RESOLUTION N0. PC99-204 A RESOLUTION CF THE ANAHEIM CITY PLANNlNG COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 97-107 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3955 WHEREAS, on Auyust 4, 1997, Resoiution No. PC97-107 was 2dopted by the Planning Commission to grant Conditional Use Permit No. 3955, in part, to construct a 2-lot, 6-unit attached "affordab~e, airspace" residential condominium subdivision in the RM-2400 zone with waivers of maximum structural height, minimum structural and lan~scaped setback adjacent to single family developments, and minimum required recreation-leisure areas (waiver of maximum site coverage was deleted) on Parcel A; and also to construct a 43-lot, 41-unit detached "affordable" one-family dwelling subdivision in the RM-3000 zone with waivers of minimum building site area, maximum structural height, minimum structural setback aci~acent to a local street, minimum structural setback for building walis, minimum structural setback adjacent to single family developments, minimum required recreation-leisure areas, minimum distance between building walls and minimum off-street vehicle access requirements on Parcel B; and that Condition No. 25 of said resolution specifies the following: "25. That three (3) to four (4) foot high wrought iron fencing shall be installed along the perimeter of the open recreational-leisure lot at the northeast corner of Cypress 5!reet and Private Street A. Said fencing shall be submitted to the Planning Department for review and approval prior to issuance of a building permit," WHEREAS, this property is currently developed with six attached condominium units in the RM-2400 (Residential, Multiple-Family) zone and 41 detached single-family homes and one open space lot in the RM-3000 (Residential, Multiple-Family) zone; and that the Anaheim General Plan Land Use Element designates this property for Medium Density Residential land uses; and WHEREAS, the petitioner has requested amendment to this conditional use permit under the authority of Code Section 18.03.092 to amend or delete Condition No. 25 to modify the fencing type and materials for the open space I~t located at the northeast corner of Cypress Street and Afton Lane; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 22, 1999, at 1:30 p.m., notice of said pubiic hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, aiter 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: That the proposal to amend the conditions of approval is authorized by the Anaheim Municipal Code. 2. That the proposed modification is necessary to permit reasonable operation under the conditional use permit as originally granted. 3. That no one indicated their F:esence at the public hearing in :apposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the request to amend or delete a condition of approval pertaining to fencing materials for a previously-approved project (identified as the "Cypress Infill" project area) consisting CR3827pk.doc -1- PC99-204 _~ of a 2-lot, 6-unit RM-2400 attached "affordabie" r,ondominium subdivision on Parcel A with waivers and a 43-lot; 41-unit RM-3000 detached "affordable" one-family subdivision with waivers on Parcel B; and that, Parcel A consists of 0.51 acre located at the oortheast comer of Olive Stree,. and Cypress Street, and further described as 304, 304-112, 308, 308-112, 312, 312-1/2, 314, 314-112 and 3'e!U North Olive Street; and that Parcel B is consists of 3.0 acres ar~d four parceis located (1) on Cypress Sfrreet, 40 feet east of the centerline of Olive Street, (2) at the northeast comer of Pauline Street and Adele Street, and (3) at the southeast corner of Paulina Street and Adele Street, and (4) at the southwest ~:ot~ner of Adels Street and S,3bina Street, and further described as 424; 605 and 605-1/2 East Adele Streeit;' 300 NortFi Olive Street; 300, 301, 306, 306-1/2, 308, 309, 310, 311, 312, 312-1/2, 315 and 317 North S3abina Sueet, 300, 305, 307, 312, 318, 322 and 412 North Pauline Street, and 411, 415, 419, 421, 517, 5?.~I and 527 East Cypress S',,:ret); and does hereby find that the Negative Deciaretion previously a;,Nroved in connection with Conaitional Use Permit No. 3955 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaratien reflects the independentjudgment of the lead agency and that it has considered the previously approved Negativa Declaration :ogether with any comments received during the pubiic rr~view process and further finding on the basis of the initial study aad any comments received that there is n;'. substantiai evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Cendition No. 25 of Resolution No. pC97-107, adopYed in connection with Conditionai Use Permit No. 3955, to read as follows; 25. That a maximum two (2) to three (3) foot high block wall shall be installed along the perimeter of the open recreationai-leisure lot at the northeast corner of Cypress Street and Afton Lane. This shall include landscaping materials including flowering plants and shall be fully irrigated. All solid fencjng surFaces ' shail be covered with clinging vines (minimum one (1) gallon sized containers planted on maximum three (3) foot centers) with the exception of the sign area which serves to identify the tract name ("Legacy"). THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 22, 1999. ~ ~ , !~/~-c :/ CH I ERSON PRO TEMPORE, AN EIM CITY PLANNING COMMISSION ATTEST: 1~01~ SECRETARY, AHEIM CITY PLANNING COMMISSION CR3827pk.doc -2- PC99-204 - , _ ~,, ~_ i STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. -" - CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim.City Planning Commission, do hereby certify ___ that the foregoing resolution was passed end adopted at a meeting of the Anaheim City Planning Commission held on November 22, 1999, by the fnllowing vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN, VANDERBILT n ,~~,,,,~,,,~IN WITNESS WHEREOF,1 have hereunto set my hand this ~~ day of C~~~'~, 1999. l~K7K~.~' SEC ETAR ANAHEIM CITY PLANNING COMMISSION CR3827pk.doc -3- _ PC99-204 , ,:: , ~' I