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80R-552 RESOLUTION NO. 80R - 552 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT ,�... NO. 2115 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from EDWARD A. PADILLA AND CHERYL L. PADILLA, owners, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: Lots 9, 11, 13 and 15 of Stueckle Subdivision, as per map thereof recorded in Book 8, Page 43 of Miscellane- ous Maps, records of Orange County, California; and • -1- ATTV -26 (Page 1 of 2 Pages) WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as re- quired by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and .��. WHEREAS, said Commission, after due inspection, investi- gation and studies made by itself and in its behalf and after due \.-■ consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC80 - 179 granting Conditional Use Permit No. 2115 ; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consider - ation of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. 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. 3. 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. 4. The traffic generated by the proposed use will not im- pose an undue burden upon the streets and highways designed and unproved to carry the traffic in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2115 be, and the same is hereby, granted permitting a one -lot, 22 -unit condominium complex on the. aforesaid property subject to waivers of: -2- ATTY-26 (Page 2 of 2 Pages) SECTION 18.31.061.012 - Minimum lot area per dwelling unit. (3000 square feet re- quired; 1536 square feet pro- posed) SECTION 18.31.062.012 - Maximum structural height within 150 feet of single - family zone. (One story per - mitted; two stories proposed at 45 feet) SECTION 18.31.063.030 - Minimum recreational- leisure area. (1000 square feet per unit required; 770 square feet proposed) SECTION 18.31.066.010 - Minimum number and type of parking spaces. (77 spaces with 44 enclosed in a garage required; 54 spaces with 28 in carports proposed) SECTION 18.31.065.011 - Minimum distance between build- ings. (15 and 25 feet required; 13 and 21 feet proposed) subject to the following conditions: 1. That this Conditional 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 Anaheim marked Exhibit Nos. 1 through 4. 3. That Condition No. 2, above - mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the above - mentioned waivers are hereby granted on the basis that this project will be a minimum 25% affordable with 25% 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 Government 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 coven- ants and conditions including resale controls as may be required by the City of Anaheim; provided that in the event the Marks -Foran bond is issued and financing is available, the remaining eleven (11) units shall be sold for prices not to exceed $75,257 each. -3- BE IT FURTHER RESOLVED that the City Council hereby reserves the right to revoke such Conditional Use Permit for good cause or failure of said owners, their heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions ( therein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 9th day of December, 1980. .1/, AIL# 'F'0* OF E C OF •.NAHEIM / ATTEST: / ism • � � iv 0 _' '14116-' 0 , t . HE 4 JLW :fm -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I,`LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 80R -552 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 9th day of December, 1980, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Roth and Seymour • NOES: COUNCIL MEMBERS: Kaywood and Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said • Resolution No. 80R -552 on the 9th day of December, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of December, 1980. CITY CLN' OF THE CITY aF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 80R -552 duly passed and adopted by the Anaheim City Council on December 9, 1980. CITY CLERK