PC 72-51RESOLUT~ N0. PC72-51 ~
A RESOLUTIJN OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM
THAT PETITION FOR CONDITI6NAL USE PERMIT 1295 gE GD,AAITED
WHEREAS, the City Planning Commission of the City of Anaheim did receive a verified Petition Eor Con-
ditional Use Pecmit from EVERETT MILLER, Post Office Box 731, Long Beach, California 90801,
Owner; WARMINGTON CONSTRUCTION C02~'ANS~„ 300 North Newport Bou2evard, Newport Beach,
California 926b0, Agent of certain real property situated in the City of Anaheim, County
of Orange, State of California, described as that portion of the wESt half of the south-
west quarter of the southwest quarter of Section 17, Township 4 South, Range 10 West, in
the Rancho Los Coyotes, as per map recurded in Book 51 Page 10 of Miscellaneous Maps, in
the office of the County Recorder of said co4nty, included within proposed Tract No. 5162
; end
WHEREAS, the City Plannir.g Commission did hold a pablic hearing at the City Hall in the City of Anaheim
on March 20, 1972, at 2:GO o'clock P.M., notice of seid public hearing having been duly given
as tequired by law and in accordance with the provisiors oEthe Aneheim Municipei code, Chepter 18.64, to hear
and consider evidence for and against said prcpused conditionel nse and to investigete and meke findings and
recommendations in connection therewith; end
WHEREAS, said Commission, efter due inspection, investigation, end study made by itself and in its be-
half, ond after due consideration oE all evidence end reparts offered et seid hearing, does find and determine the
following facts:
1, That the proposed use is properly one Eor which a Conditional Use Peemit is authorized by Code
Section 18.28.040(1) establish a 111-unit, planned residential developrt~ent with waivers of:
a, SECTION 18.28.050(1-a) - Minimum buildinR site area. (7200 square feet
required; 1442 square feet proposed)
b. SECTION 18.28.050(1-b) - Minimum buildina site width. (70 feet requiLed;
20 feet proposed)
c. SECTION 18.28.050(6-a-1) - Arterial hiqhwav setback. (20 feet landscape
setback required; 0 feet proposed)
.~, SECTION 18.28.050(6-b) - Minimum distance between buildin~s. (27 to 20
feet required; 24 to 10 feet proposed)
e. SECTION 18.28.OSU(6-e) - Maximum wall heiQht in the Front setback area.
(42 inches perniitted; 6 feet proposed)
f. SECTION 18.28.050(11) - 6-foot solid masonrv wall required where develop-
ment abuts single-Lami.lv zone. (No wall proposed)
g, SECTION 18.08.440 - Repuirement that a lot abut a public street.
(Proposed condominium lots ~ould not have acceas
to a dedicated pcblic street)
2, That Waivers 1-a, 1-b and Z-g, above mentioned~ are hereby grauted on the basis
that similar developments proposed and constructed in the City of Anaheim have been granted
similar waivers.
CI-D ' 1'
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3. That Waiver 1-e, above mentioried, is gre~tr.d ,i~ice the get=ti~ner stipulated
that a portion af the 6-f.oot masonry wal.l would fie re.located a mini~~~um of 5 feet nort.herZ~
and landscaping would be provided between said wail t~nd the south property ltns.
4. That Waiver 1-c, above mentioned, i~ he.reby grante3 on the Uasis tt~~t only a por-
tlon of the front.setback area wiU b~ used for eccessway and the =_ppli^ar.r proposes to have
a 6-faot masonry wall pro~idic~ ~ t~ff'r.: LeC.w~e~1 ehe barages opening c:;'.:o the accessway
and ihe straet.
S. That :i,_S~~C+r. ", ., x?~o':~e *~entioned, is herr,.by gr; ~;':,~.i si.nce the conr.truction of
~_he: r~.a~~,.ry ~~11 ^. thr'r~c~ane'cCy ::~~r. „eparsting -: R-; -.xoca the R-3 w~~~~'?. render the
puLlic ailey unusable 1~;~ ,...: ~fr-~G,"zape~ i:€ thi~ =~.aject.
6. Tha* tl~z proposed uRe, as 8p'prn'le~:i, ~~•i13. not c.!'i~~ersc2,: r.~`R~: ~ the adjein'^=:' ~.snd
uses and the growl•h erd ~P'+elopment of Y.he ~t£,: ;`n whic' :; ~;;:.,~~..;~ c;+ 'c.c be Zoca.:' ;:i
7. That the siza and shape of the site prou~•;::~i for the ~~ ;: !;,:;:~~~,e:;~ Lo allow
tne full development of thz proposed use in a mEnner :,!.~t nel-ri~~,:,' ' r.o tF.~ ;•r::ticular area
nor to the peace, health, safety, and general welfare ~~f ~he Ci; ~s•~.~is of the ~:.i~ty of Aneheimi
8. That the granting of the Conditional Use Permit, as approved, under the conditions
imposed, if any, will not be detrimental to the peace, health, safety, and general welfare
of the CiL•izens oL the City of Anaheim.
9. That 3 persons appeared in opposition and 3 persons indicated they needed more
infarmation to determine if they were in opposition.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby
~rgnt suUject Petition for Conditional Uae Permit, upon the following conditions which are
hereby found to be a necessary presequisite to the proposed use of the subject property in
order to preserve the safety and general welfare of tha Citizens of the City of Anaheim:
(1) That this conditional use permi~t is granted subject to the completion of Tentative
Map of Tract tdo. 51b2 (Revision No. 4).
(2) That a final tract map of subject groperty shall Ue submitted to and approved by
the City Council and then be recorded in the office of the Orange County Recorder.
(3) Prior to f;.ling the final tract map, the applicant shall submit to the City Attor-
ney for approval or denial a complete synopsis of the proposed functioning of the operaring
corporation, including but not limited'to the articles of inc~rporation bylaws, prop"osed ~
methods of management, bonding to iusure maintenance of common property and buildings, and
s~ich other information as the City Attorney may desi're to protect the City, its citizens,
and the purchasers of the project.
(4) That the covenants, conditions, and restrictiona shall be submitted to and
approved by the City Attorney's office prior to City Council approval of Che final L•racr
map, and further, that ttie approved CC&Rs shall be recorded concurrently with *he final
tiact mep.
(5) That street lighting facilities along Ball Road shall Ue installed as required
by the Director of Public Utilities and in accordance with standard plans and specifica-
tions on file in the office of the Director of Public Utilities; and that a bond in an
amount and form satisfactory to the City of Anaheim shall be posted with the City to guar-
ant•ee the °..nstallation of the above mentioned requirements.
(6) That the vehicular access rights, excepC at street and/or alley openings to Ball
Road, shall be dedicated to the City of Anaheim.
(7) That the owners of suUject property shall psy to the City of Anaheim the sum of
$2.00 per front £oot along Ball Road for street lighting purposes.
(S) That the owners of subject prop~rty ahall pay to the City of Anaheim the sum of
15~ per front foot along Ball Road for tree planting purposes.
(9) That trash storage areas shall be provided in accordanc2 wiCh approved plans on
file with the office of the ilirector of Public Works.
(10) That fire hydrants shall e installed as required and determined to be necessary
Uy the Chief af the Fire Department.
RESOLUTION N0. PC72-51 -2'
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(11) That a 6-f.oot masonry wa11 shall be constructed along the north and east property
lines, provided no aall shall be required alon~ the easterly property line from the nurth
line of Minerva Avenue to Ball Road.
(12) That all air conditioning facilities shall be properly shielded from view.
(13) That subject property shall be served by underground utilities.
(14) That the owners of subject property shall pay to the City of Anaheim the appru~
priate park and recr.eation in-lieu fees as determined to be appropriate by the City Council,
said fees to be paid at the time the building permit is issued.
(15) That Conditior. Nos. 1, 2, 3, 4, 5, 6, 7 and 8, above mentioned, ahall be complied
with prior to the commencement of the activity authorized under this reaolution, or prior
to the time that the building permit ia issued, or within a period of 180 days from date
hereof, whichever occurs first, or such further time as the Planning Co~nission may grant.
(16) That Condition Nos. 9, 10, 11, 12 and 13, above menCioned, shall be complied
with prior to final building and zoning inspections.
(17) That subject property shaZl be developed substantially in accordance with plana
and epecifications on file with the City of Anaheim marked Exhibit Nos. 1, 1-a, 2, 3, 4,
5, 6, 7 and 8 provided, however, that the 6-foot n.asonry wall, as proposed in Exhibit No.
'-a, sha21 be relocated so as to provide an average of. 5 feet of landscaning between the
wali and the south property line, as stipulated to by the petitioner.
THE FOREGOING RESOLUTION ie signed and appraved by me t•his 30th day of March, 1972.
~~~~
CHAIRMAN ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~~~ ~~l~=-w`e/
SECRETARY ANAHEI*i CITY PLANNING COMMISSIOt7
STATE OF CALIFORN7A )
COUNTY OF ORANGE ) as.
CITY OF ANAHEIM )
I, Ann Krebs, Secretery of the City Planning Commission of the City of Anaheim, do hereby
certify that tiie foregoing resolution was pasaed and adopted at a meeting of Lhe City Plan-
ning Commiasion of the CiCy of Anaheim, held on March 20, 1972, at 2:00 o'clock P.M „ by
t4e followir.g vote of the members thereof:
AYES: COMMISSIONERS: ALLRED, FARANO, GAUER, Ii~RBST, KAYWOQD, ROWLAND, SEY~IOUR,
NOES: CONIDiISSIONERS: NONE.
ABSENT: COMMISSIONERS: NONE.
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of March, 1972.
.~i~~ ~'ru.G.~
SECRETARY ANAl1• M CITY PLANNING COMMISSION
RESOLUTION N0. PC/2-51 -3-