PC 78-165RESOLUTION N0. PC78-165
A RESOLUTION OF TtiE ANAHEIM CITY PLANNING COMMISS~ON
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 1866 BE GRANTED
WHEREf1S, the Anaheim Ctty Planning Commissior+ did recetve a verifled
Petition for Conditional Use Permit from CARL CISSELL AND WiLLIAM M. AND BETTY JO
CLOW, 2 Rue Valbonne, Newport Beach, Callfornia 92660, owners of certain real
property sltuated in the City of Anahelm, Lounty of Orange, State of California.
described as:
The North 98 Peet of the South 314.74 fcet, measured from the
centerline of the Siree[, of the Uest 282 fee[, measured Prom the
centerline of the Street, of Lot 9 of Orangewood Tract, as per map
recorded in Book 7, page 42 of Mtscellaneous Maps, records of
Orange County, Californla; and The East 377.00 feet of the South
314.82 feet of Lot 9 of the Orangewood Trac[ as per Map recorded
in Book 7 page 42 of Miscelianeous Maps and the East 165.00 feet
of the Southeriy 220.00 feet of Lot 10 of the Orangewood Tract as
per Map recorded in Book 7 page 42 of Miscellaneo~s Maps; and The
South 22Q feet of the Uest 165 feet of the East 4?5 feet of Lo[ 10
of Orangewood Trac[. as shown on a map recorded in boo~ 7, page 42
of Miscellaneaus Maps, records of Orange Coun[y, Californta.
NHEREAS, the City Pianning Lcx~mission did hald a public hearing at the City
Hall in [he City of Anaheim on July il, 1978, at 1:3Q p.m., notice of satd public
hearing having been duly 9iven as required by law and in accordance wfth the
provisions of the Anaheim Municipal Code, Chapter 13,03, [o hear and conslder
evidence for and against said proposed conditional use and to investigate and make
flndings and recommendations ln connectlon therewith; and
WHEP,EAS, sald Camission, after duc inspection, investigation and study made
by itself and in its behalf~ a~d after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the proposed use is properly one for which a condltional use
permit is authorized by Anaheim Municipal Code Sect(on 18.27.050.060 to wit: to
permit a 35-uni[ residentlal planned unit development with waiver of:
SECTIOt! 18.27.061.010 - Minimum building site area per unit.
~5000 s uare feet requlred;
79 square feet proposed)
2. That the proposed walver is hereby granted on the basts that the
prop~sed proJect will be located between multiple-family units and single-family
un(ts, and will serve as a desirable transitional use; that there are exceptional or
extraordinary circumstances or conditlons applicable io the property that do not
apply generally to the property or class of use in the same vicinity and zone; and
PC78-t65
that the requested waiver will not be materlally detrime~tal to the public welfare or
zone in whlch the property is located,
3. That the proposed use wttl not adversely affect the adJoining land uses
and the growth and development of the area in which it is proposed to be located.
4, That the size and shapo of the sit~. 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, safeiy, and general welfare of the Cittzens
of the Ctty of Anaheim.
5. That the granting of the Conditional Usc Permit under Lhe conditions
imposed, if any, will not be detrimental to the peace, health, safety and general
welfare of the Citizens of the City of Anaheim.
6. Thac 12 persons indicated thelr presence at satd public hearing in
opposition; and that no correspondence was received In opposltion [o the subject
petition.
ENVIRONNEI~TAL lMPACT REPORT FINDING: Environmental Impact Report No. 212
was certi ed in conJunct on with Genera an Amendment No. 145 of Aprii 18,1978.
NOW, THEREFORE~ BE IT RESOLVED that the Anaheim City Planning Commission
does herEby grant subject Petition for Condltional Use Permit, upon the following
conditio~s which are hereby found to be a necessary prerequisite to the proposed use
of the subJect property in order to preserve the safety and general welTare of the
Citizens of the City of Anaheim:
1. That [his Condttlonal Use Permit is grant~d su6ject to the completion
of Reclassificatlon No. 78-79-6, now pending.
2. That the awner(s) of subJect property shall pay the traffic signal
assessmen[ fee (Council Policy No. 214) amounting to 53G.00 per each new dwe)linq
unit prtar to che issuance of a buiiding permit.
3. Thae subject property shall be developed subscantialiy irt accordance
wlth plans and spectfications on file with the City of Anahetm marked ExhTbit Nos. 1
through 4.
4. Prtor to the issuance of a butlding permtt, convenants, conditions and
restrtctions shall be submitted to and approved by the City Attorney's Office, thai
said CCtR's shall inciude a provision for the permanent matntenance of the landscaped
area adjacent io Sirtmons Avenue; and, further~ that Che CCbR's shall be recorded in
the office of the Orange County Recorder.
BE IT FURTHER RESOLVED that the Anahetm City Pla~ntng Cortmission does hereby
find and determine that the adoption of this Resolutlon is expressly predTcated upon
applicant's compltance with each and all of the condltions hereinabove set forth.
Should any conditl~n or any par2 thereof, be declared invalid or unenforceable by the
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final Judgment of zny court of competent Jurisdiction, then this Resolutlon, anJ any
approvals herein contained, shall be deemed null and void,
THE FOREGOING RESOLUTION is slgned and approved by me this 17th day of July~
1978.
~'~~~ ~ ~B .,....~~
CHP.fRMAN PRO TEMPORE
ANAHEIM CITY PLANNING COMMISSION
A'iTEST:
G~~ ~7° ~c~,~.,_w
SECRETA(iY, ANAHEIM CITY PLANNING COMM15510N
STATE OF CALIFORNIA )
COUNTY OF JRANGE ) ss.
CITY OF ANAHEIM )
1~ Edith L. Harris, Secretary of the Anaheim Cicy Planning Camisston, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim Cfty Planning Commission held on July 17, 1978, at 1:30 p.m..by the
following vote of the members thereof:
AYES: COMMISSIQNERS: DAV10. JOHNSON. KiNG~ L1NIJ, TOLAR
NOES: COMMISSIO~tERS: EARNES
ABSENT: COMHISSIONERS: HERBST
iN NITNESS WHEREOF~ I have hereunto set my hand this 17th day of July, 1978,
~~~ ~~~
SECRETARY, ANAHEIM CITY PLANkING COMMISSION
'3' PC78-165