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PC 72-96RESOLUTI~O. PC72-96 ~ A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITIUN FOR CONDITIONAL USE PERMIT N0. 1303 BE GRANTED IN PART WHERF.AS, the City Planning Commission of the City oE Anaheim did receive a verified Petition for Con- ditional Use Permit from VILLA FRONTERA TOWNHOUSES, Post Office Box 3236, Anaheim, California 92803, Owner; A[tMOUR BUILDING COMPA27Y, Post Office Box 3236, Anaheim, California 92803, Agent of certain real pruperty aituated in the City of Anaheim, County of Orange, State oF California, as described in Exhibit "A" attached hereCo and referred to herein as though set forth in full ; end WHEREAS, the City Plenning Commission did hold a public hearing at the City Hell in the City of Anaheim on May 15, 1972, at 2:00 o'clock P.M., notice of seid public hearing heving been duly given es required by law and in accordence with the provisions of the Anaheim Municipel code, Chapter 18.64,to heer and consider evidence for and egainst said proposed conditior.al use end to investigate and meke findings end recommendetions in connection therewith; and WHEREAS, said Commission, after due inspection, investigation, end study mede by itself and in its be- helf, end after due consideration of all evidence and reports offeced et said hearing, does find and determine the following fects: 1. That the proposed use is properly one for which e Conditional Use Permit is euthorized by Code Section 18.28.040(1) to wit: establish a i60-unit planned residential development with waivera of: a. SECTION 18,28.050(1-a) - Minimum buildine aite area. (7200 square feet required; 1594 square feet propoaed) b. S6CTION 18.28.050(1-b) - Minimum buildinQ site width. (70 feet required; 37.5 feet proposed) c. SECTION 18.28.050(6-a-1) - Arterial highwav setback. (20-foot landscape aetback required; 15 feet proposed) d. SECTION 18.28.050(11) - 6-foot solid masonrv wall required where a devel- oument abuts sin¢le-familv zone. (Thia waiver no longer necessary) e. SECTION 18.08.440 - Requirement that a lot abut a public street. (Proposed condominimum lote would not have access to a dedicated public atreet) f. SECTION 18.28.050(5-b) - Maximum height within 150 feet of ain~le-familY residential zone. (One-atorv permitted; two-story proposed) g. SECTION 18.28.050(6-a-4) - Local street setback. (15 Feet required; 3 to 12 feet proposed) (This waiver no longer necessary) 2. lrat the petitioner withdrew Waivers 1-d and 1-g, above mentioned, upon submission of revised plans. 3. That Waivera 1-a, 1-b, and 1-e, above mentioned, are hereby granted on the basis that simil.at waivera have been granted in similar developments in the past. 4. That Waiver 1-c, above mentioned, is hereby granted nn the basia that the addition- ~ al landscape area has been incorporated within the recreation area, and the setback for the adjacent apartment complex is also 15 feet. 5. That Waiver 1-f, above mentioned, is hereby granted on Che basis that the existing R-1 lot to the south does not abut this proposal end the residence is aet back more than 150 f•eet from the proposed units and the abutting P-A parcel is presently developed with a mobile home park, however, the granting of said waiver shall no: ;a construed ae having set a pracedent to permit other requests since each request sha11 de considered on ita own merits, C1-G -1- ~ - • ' . . . . 'J .. •. I .. ; .. ... ~ ~X~I~I'T `~,~.~" ~ :. ~ .. ~ , . ~ ,n,~,~., ~~~ - c-.::~,.~,i:, i:,.,a n~i. ~,~«iana, S C I3 1'~ ll U L I's A ,iu.!.nJ C~'.~iupo follcr-ISU ~ . ' . . , •. 1'remium $ 1~ j 11. 50 EQectivc • c, Auzount $ GOI~SOO.OQ Dute hfARCH 7~ 1972 AT 8 A.Pi. Pa1ic)• No• 509G23 ixsunFn ~ , • VZLLA FRONTERA TOlJNHOUS[S~ A PARTNERSHIP AND UNIT[G CALIFORNIA BAPdK~ A CAI.IPORiyIA CURPORATIOIJ. !. Title to the eatate or interest covered Uy tl~is polic,y at Lhe Jate hereof is vested in: VILI,A FRONTERA TQl•JNHOUSES~ A PARTNERSHIP. 2. Tho esPAte or interest in the lnnd described or referred ta in Scl~edule C covered by tl~is policy is a fee. ~ ~ : ~ ~ ' SCIiEDUL~ B ~'his policy does not insuro nguinst loss or dumago l~y rcason of thc following: ~. . ' PnnT I , i • . . ..~ 1. Taze~ or nssc~ssmente which nro not sl~otim n~ e:isting linne hy il~a records o[ any tnsing authority thnt , lavies tuzue or nsseasments on reul property or Ly tho puLlic recorde. , 2. Any fucts riRlrie, ir.terests, or cloims t~hich nru not tl~own by tLo public records but whicl~ could bo - . . oscer.luiue~d LY nn inspection of said land or by innking inquiry of persons in possession Q~ereoE. ^• 3. Ensements, ~lnime ot easement or encumUrnncee nl~ich oro aot shown by tho pul~lic recurds. 4. Di~crei 6urvcy would disclosbo~, at~d wLich nro ~wt eliown by tlio r Llio records.or nny od~cr Iucts whid.~u~,~p.5b'E`5'~~,~i ~ >, ~ 6. Vnpatentod miaing dnimt; reservntinns or e~cCpGune in pntenU or in Atls nuQ~oriung tlw iss~~ce ~q ` `~~ thcrmf; wntor ri~4ts, claima or titlo to watcr. ' h' ~~ Y ~ , ~ ~ . . ~ c ~~ o~F/l~ 2 c,' ' r viv,.s o o ~~ .. . ~ CQV~D. USE P~P,I~~il' ~~,Q..~~~ ~-- ~S`~rL'2'L"GILOZV~4 . . • ~ • • ~ w.e.r:::n 'Ir•.1..Tlno~n;.~ :.virun t~~~ Poi1~r•IV7o \•.~~~.-!A _.,I:. • l.ir~ I C:i ,. .~. , i~~. .i t.:~`~ ;. , ..,,~~o~~ o.~:~,,..'. 'r„n:r i.~~~~ :;.,, fr~ll(u,r~in lo~,l lirl• A••~.t~rbn SiunJw~l C~.~..~~,:n P;:i:y.15_'] ~ ~ ' ~ SC~~~I2ULL C ~ Thc land refurcd m in chis ~licy is dcscribecl ns fnlla«•s: rnRCet- i.:. THAT Pt~R'fION OF LO7 2~ 6LOCf: 23 OF ThIE "GOLUE!! ST~'~T~ T~ACT"~ IP! THE CITY OF 1N/tHEll•1~ CUUWTY OF ORAPdGC~ STATE Or CALIF~)RWIA~ AS Sii0411v ON A I'lAP RFCORD.F.D IN [i00K 4~ PA~FS 6G AIJD 67 OF F1ISC[?LLAtd[OUS I'~APS~ RkCORQS QF SAID COUtITY~ D~SCI:IIlGD A5 FOLLOIlS: ISGGII•dWIPIG AT TIi[: IJORTHEASTERLY CORPlER OF SnIU LnT 2; THGNCE ~~IESTECLY ALONG TNE P10RTil[Rl_Y I_Ili[ Of= SAID LOT 2/1 UISTANCE c%F 401.10 PFET; TtIFtICG SOUTFICRLY PARP,LLEL 1•lI7F1 7HF. EASTGRLY LINE ~F SAIG LUT 2 n DI5TAMCE OF 1244.GII FE[T; TIi[hlCC FASTER~Y PARALLIiL ~•'ITH TH~ PIURTH~!:L.Y LIt~E 0~ SAID LO7 2 A U1S'(ANCE OF 401.10 FEET TO A POItJT IP! '1'H[ FAS7ERLY LIhJE OF SA1D LOT 2~ TH[NCE- MORTHERLY ALOP;G S/11D FAS'tL'RLY LI~lE 1244.04 F~G7 TO TI1E POINT OF ~EGII•lIJING. [Y.C[PT TIIEREPR0~1 THAT PORTION THFREOF LYIN6 NORTHERt.Y OF TH[ FOLLOWING DESCFILiEU LIN[: DFGIt•1PlING AT Tt1E SOUThi1JEST CORNFP. OF THE LAND CONVFYFD TO THE STAT[ OF CALIFORNIA~ RECORDED IN [300K 2790, PAGF 43Q OP OF(°ICInL RECURUS; THFNCE A,LOI~IG 7HE SOUTH[RLY PROLON6A7ION OF THE 1fE5TFRLY LItlE OF SAID LAPJD~ SUUTH 7° 19~ 33" EAST 32.50 FFET TO THE TRUE POtidT OF i:I:GINNING; 711ENCC• NORTH 85° 02~ 4~~'~ EAST 401.43 FEE7 TO THE CASTERLY L1ME OF SAID •LOT`2. . Pl1RGEL._2.s . LO7S 1~ 2 AND 3 OF 7RAC7 P;O. 7185 IN TH[ CITY OP ANAFiEIP1~ COUI~TY OF ORANGE~ STATE OF CnL1FORNIA~ AS PER t1AP RECORD[D IM Et00K 2G4 °:1GES qg nr~d 50~ h1T5CELLANEOUS l4Af'S~ IN 7HE oFr-tcc OF 7HE COUMTY RECOf;I~ER UF SAID COUNTY. kXGEPT ALL OII.~ GAS AND I~IINERAL RIGH7S TPJ AND 7~ THE Af30VE UFSCRIBED LAND~ l3UT 1•JITHOUT ANY RIGIiT TO CtJTER UPON SAID LA~dD A60V[ A t~EPi~H OF 500 i PEET~ AS RESERVED IN TIiF DCED PROt4 AR7HUR E. IiE(•1DIERLII•!G~ ET UX~ RECORDED APRIL 1~ 1969 IN [300K II915 PAGE 113, OPFICIAL (:LCORDS/23q567~ro~~ ~,.,. R MqR r _ p~•.? ~CL 3: o. l~FC 19?~~ s `a` Ip ~f ~''~1 v, LO7 A OF TRACT NO„ 7185 IN THE CITY OF ANAHEII•1~ COUNTY OF ORAf~GE~~v~ ~f~~TE ~,~ r)p CALIFORNIA, AS P~R MAP RECdRDED IN B001: 2GII PAGES 49 AWU S~„ ~ON ~~,°~ 11i5CELLANE0U5 P1APS~ II~ THE OFFICE UF THE COUW7Y RGCORDER OP SA~'i~~~1ll~T~b~l EXCEPT ALL OIL~ GAS AP1D f•fIhIFRAL RIGHTS IN AND TU TNE ~arovr: f?F.SCR1fSED LA~lD, 4UT 1'JITHOUT AWY RIfHT TO CNTf:R UPUhI SAID LAIdD A~tUVL" A[i~FTli QF 500 I;cET~ AS RES[I:V[D I~! THE UECU PROM ARTIIUR L. I1EhiMGf'.LIh;Cr L"T lJ::~ RCCORDED ApRIL 1~ 19G9 IN [iOGI: 8915 PAGE 11>~ ~FPICIi~L R~CO?GS. . . .. .. ~ r,,; i. , . r~''~~~' ~~~~~ ` tir~ ` ~~ .~~.0.~ ~ ~ G. That the proposed use will not advereely affeck the adjoining land usea and the growth and development of the area in which it is proposed to be located. 7. That 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, hea2th, safety, and general welfare of the Citizens of the City of Anaheim. 8. That the granting of the Conditional Use Permit under the condikions imposed, if any, will not be detrimentai to the peace, health, safety, and general welfare of the CiCi- zens of the City of Anaheim. NOW, THEREFORE, BE IT RESOI.VED that the Anaheim City Planning Commisaion does hereby grant ir. part aubjeCt Petition fo'r Conditional Uae Permit, upon the following conditione which are hereby found to be a neceaeary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: (1) That this conditional uae permit is granted subject to the completion of Tenta- tive Tract I~o. 7802 and Reclassification No. 6II-6°-13. (2) That a final tract map of subject propert~ shall be submitted to and appzov~d by the City Council and then be recorded in the office of the Orange County Recorder. (3) That prior to filing the final tract map, the applicant shall submit to the City Attorney for approval or denial a complete synopsis of the propoaed functioning of the aperating corporatian. including, but not limited to, the articles of incorporation bylawe, proposed methoda of management, bonding to insure maintenance of corcmion property and build- inga, and auch other infocmation as the City Attorney may desire to protect the City, its citizens, and L•he purchasers of the project. (4) That the covenants, conditione, and restrictions shall be submitted to and ap- proved by the City Attorney~s Office prior to City Council approval of the final tract mep and, further, that the approved convenants, condieions, and reatrictions ahall be recorded concurrently with the final tract mep. (5) That atreet lighti.ng facilities along Frontera Street; Armando Street, and Jack- son Avenue shall be instelled as required by the Director of Public Ut:lities and in ac- cordance with atandard plans and specificatione on file in the office of the Director of Public Utilities; and that a bond in an am~unt and form satiafactory to the City of Anaheim shall be posted with the City to guarantee the installation of the ebove mentioned require- mente. (6) That the vehicular acceas rights, except at street and/or alley openings to Frontera Street, Armando Street, and 'Jackson Avenue ahall be dedicated to the City of Anaheim. (7) That the ownere of subject property shall pay to the City of Anaheim the aum of 15 centa per front foot along Frontera Street, Armando Street, and Jackaon Avenue for tree planting purpoaes. (S) T.hat traeh atorage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Utilities. (9) That fire hydranta shall be inatalled as required and'determined to be necessary by the Chi.ef of the Fire DeparCment. (10) That all air cond.itioning facilities shall be properly shielded from view. (11) That subject property shall be served by underground utilities. (12) That the owners of subject property ehall pay to the City of Anaheim the appro- priate park and recreation in-lieu fees es determined to be appropriate by the City Council, said fees to be pai.d at the time the building permit is isaued. (13) That drainage of subject property shall be disposed of in a manner satisfactory to the City Eagineer. (14) That subject properr_y shall be developed substantially in accordance with plane and specifications on file with the City of Anaheim marked Exhibit Nos. 1- Revieion No. 1; 2-'ReZiAioci'No. 1; 3, 4, 5, 6- Reviaion IQo. 1; and 7- Revision No. 1. (15) That Condition Nos. 2, 3, 4, 5, 6 and 7, above mentioned, ahall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the eime that the building permit ia iesued, or within a period of 180 days from daCe hereof, whichever occurs first, or auch further time as the Planning Commisaion may ~rant. (16) That Condition Nos. 8 9, 10, 11, 13, and 14, above mentioned, shall be cumplied with prior to final building and zoninf; inspections. THE FOREGOING RESOLUTION is signed and approv me this h da~ of May, 1972. ~ C I ANAHEI CITY PLANNING COMMISSION ATTEST: /~~!%YY/'~ i~~' G(/'i-.'¢~ SECRETAR'I ANAHE CITY PLF.NNING COMMISSION RESOLUTION N0. PC72-96 C2-G -2- .~ ~ ~ , STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as, CITY OF ANAHEIM ) I, Ann Krebs, Secretary of the City Planning Commission of the Cicy of Anaheim, do htreby certify that the foregoing resolution Was passed and adopted at a meeting of the City Planning Commiseion of the City of Anaheim, held on May'15, 1972, at 2:00 o'clock P.M., by the folloo~ing vote of the membera thereof: AYES: COMMISSIONERS: Allred, Farano, Gauer, Herbst, Kayirood, Seymour. NOES: COMMiSSIONERS: None. ABSENT: COt~LMISSIONERS: Rowland, IN WZTNESS W'AERE~F, I have hereunto set my hand thie 85th day of May, 1972. SECRETARY ANAHEIM CITY PLANNING COMMISSION RESOLUTION N0. PC72-96 C3-G '3'