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PC 80-137Z[SOLUTIQ'I '1!1. PC,u'?-137 A RCSOL!ITIO(! OF 71!f_ Ar1AIfEl~1 CITY PLP.tIP,i'Ir, C0~!".ISSIn'! THF~T PETITIOt! Fna, C~rIDI7I0'!~L USE PE?~~IT ~t~. 21J7. BE GRA!!TE^. 1•lttERE/~S, the Anaheim City Pianninq Conmission did receive a verified petition for Conditional Use Permit fron C!IE°YL J~ ~tATLOCK, 1"21 Derh•y 7rive, Santa Ana, California ~~2705, oti•mer, and LYid'; L. F1/ITLOCi:, 1"~1 Derhy Urive, Santa Ana, California 927~'75, agert cf ccrtain real property situated in the City nf Anaheir~, County of Orange, Stat~ of California, describecl as folicw~s: Parcel 1: The tlortherly ~~ feet of the hlorT.herly ~ acres o` the follot~ing: The East half of the 'lortheast quarter of the Southeast quarter of Section iti, in To~:~nsni[~ !~ South, Range 11 41est, San f3ernardino Dase and !ieridian; Exceoting therefrom said East half of the Northerly G7~.t~~ feet thereof; Excepting fron said ilortherly 9u feet the Easterly '~~ feet thercef as granted to the State of California by deed rrcorded 'larch 1, 1^51, in Uook 2151, Page 1~40, Official Records in the Officc of the CountY Recorder of said Orange Counry; Aiso excep*_ing fron said tJortherly 93 feet the Westerly 27~ feet thereof; and Parcel 2: The Easterly ~.5 feet of t~e l~lesterly 7_"1. ; feet of the PJortherly ; acres of the folln~~~ing: The East one-half of the tJortheast quarter of the Southeast quarter of Section 11~, To~mship 4 South, Ran9e 11 blest, S. E3. B. ` ~1. Exceptin~ there`rom the Northerly G7°.1+~ feet of said East one-half; Exceptinq `ram the Easterly ~1,5 feet the tlortherlv °5 feet; and Parcel 3: The Southerly 1~'? feet of the tlortherly t'~~ feet of the Easterly 170 feet of the Northerly 5 acres of the following: The East one-half of the hlort`ieast Guarter of the Southeast quarter of Section 14, Toamship ~E South, Range 11 llest. 5, D. Q. E h1. Excepting from said East one-half the tdortherly 57^.lr~ feet thereof. Fxcepting from satd Southerly 1~~ feet of the Easterly 1+'? feet tliereof asa~•anted to [he State of California hy deed recorded Marc`~ 1, 1~~1, in Book 2151~ Paae 4~t~, Orficial Records, in the Office vf the County Recorder of said Orange County; and Parcel •'t: The 4lesterly 27~ feet of the hlortherly 5 acrPs of the follot•~ing: The Fast one-half of the tJortheast q~i~rtPr of the Sou*.heast quarter of Section 11+, in Toa~nshi~ 1; South, Ranqe 11 4lest, San f~ernardino flase and !leridian; Excepting therefrom the IJortherly ~79.45 fcet of said East one-half. 41HERE/lS~ the CiY.y Planning Conr~ission ~Jid hold a~ul,lic h~arinn at thA Civic Center in the City of Anaheim on August ?_5~ 1^~'1, at 1:3~ o.m., noticr_ of said public hearin9 having heen duly given ~s requir~d l~y li~•~ and in accordance ~yith the provisions of the ~n~heim !lunicipal Code, Chapt~•r 1".^3, to hear and consider evidence for and a~ainst sai:1 pro,^.o~e.: conr+itional use permit and to investigate and make flndings and recanmendations ~n connecticn theres•iith; and PC80-137 ~.^~w ,:~4.F.. ~ ~ . . . ~ ~ ~ WfI:REnS~ ,aid Commission, after due inspectio~, investi~~t:ion and study ma~fe by itseif and in its hehaif, ancl after due consideratinn ^f ,~11 evidence and reports o"ercd at said iiearirg, does find and deterr~ine the f~l)rn~ing facts: 1. That the proposed use is pronerly one `or ti•~hich a conditional use permit is authorized by Anaheim ."tunicipal Code Section 1°.!13.~~^.~1~ to wtt• to permit ~ 1-l~t, i;0-unit affordable residential condominium project. ~° That the proposed use is hereby qranted suh_ject to the follovring stipulations made by the petitioner at the ~ublic hearing• a, That a minimum of ~t7.".; of the units shall he sold as low and moderate cost housing as defined in Government Code Section ~~.'',915~ in price ranges approved by the City of Anaheim and with appraprtate resale controls also ao~roved by the City. The developer shali, *_herefore, enter into an agreement ~•rith the City of /lnaheim pursuant to Government Code Section b591>, i•ifiich agre.enent shall be recorded concurrently ~•~ith or prior to the final tract map. b. That 6-foot high fencing shall be provided around the entire site (excepting the setback along Reach Qoulevard), provided, ho~•~ever, that a masonry block i-,all shall be constucted arljacent to all commercial uses. e. That the origina) doeuments o` the covenants, eonditions ancl restrictions shall provide that any tandem par'ring spaces shall be specifically assigned to occuoants of the units a~hich the tandem spaces are intended to serve, 3. That the pronosed use, as aranted, ~•,i 11 nc+t adv~rc~)v ;±Ff~~t ~~2„ adlc;rir,g t~rJ uses anJ tne gro~.~th and development of t!ie area in aihich it is proposed to be located. 4. That the size and shaoe of the site propased for the ~~se, as granted, is adequate to allot•; the full develorment of the proposed use in a r~anner not detrimental to the particular area nor to the peace, health, safety~ and qeneral welfare of the Citizens af the City of Anaheim. 5. That the granting of the Conditional Use Permit under the cor.ditions imposed~ if any, ~,~111 not he detrimental to the peace, health, safety and general ivelfare of t!~e Citizens of the City of Anaheim, 6. That the traffic generate:i by the proposed use~ as granted, will not Impose an und~~e burden upon the streets and highways designed and ir~proved to carry the traffic in the ~rea. 7. That .~o one indicated their presence at ;aid public hearing in oppos(tion; and that no correspondence i•~as received in opp~sftion to the subjece petltion. EPJVIROf~MEPITAL I~1PAf.T FINDING; That the Anaheim Cit~~ Planning Commtssion has reviewed the proposal to reclassify subject property from thc RS-A-h?~Oq~ (Residential/Agricultural) ~one to the RN-;~Ol? (F',esidential, ~1ultip)e-Family) Zone to -z- PC8o-137 pernit a 1-lot, 60-unit afPordahle condociinium projert on an irrenularlv-shaped parcel of land consisting of approxima_ely 2.~;? acres, havinn a frontage of approximately 105 `eet on tiie ~~lest side of ~cach 3oi~lev~rd, !;a~~ing a maximum depth of appror.imately ut; feet and being located anproxim3teiy F~7~ feet snuth Orange Avenue; and docs hereby approve tiie ~deyative Declaration fron [hr re~uirement to prepare an environnental in~3ct report on the basis that t:~ere ~rould he no significant individual or cumulative adverse environmental im~act ,!u~. t~ the approval of this Hegative Declaration slnce the /1na!~eim ;enr_ral Pl~n desian~*es the subject property for general conmercial and/or mediun rlensit~• residential land uses r_ommensurate a~ith the proposal; that no sensitive environmental inpacts are invo)ved in the proposal; that the.initial Study suhmitted by the ~etitioner indicates no significant individual or cumulativr adverse environmental im~acts; and that the Negative Deciaration suhstantiating the foregoing findings is on file in the City of Anaheim Planning Jepartment. FJOW, TfIER[FORE, QE IT RESOLVCD th~t the Anaheim City Planninq Commission d~es hereby grant subject Petition for Conditional Use Permit, upon the following conditions ti•~hich are hereby found to hA a necessary prerequisite to the proposed use oT the subject property in order to preserve the safety and gener~l o~elfare of the Citizens of the City of Anaheim: 1. That this Conditional ',ISe Permit is ~ranted suhject to the cempletion of Reciassification tlo. 30-C1-5, nor~ pendinq, 2. That subject property shall be ~leveloped suhstantially in accordance with plans and speeifications on fite ti~ith t~~e City of /lnahein marke~l Exhihit ~los. 1 through !t; provided, ho:•~ever, tliat: a, a G-foot high fence shall be construct~d around the entire site except for tf~e setback along Beach Boulevard and that said fencing shall eonsist of masonry blocks adjacent to all conmercial uses, and ^. open guest parking spaces may be reduc~d in size to minimur~ dimensions of 17 feet by 7-1/2 feet. 3. That a minimum of 47`; of the units shall be sold as lo~~~ and moderate cost housing as dcfined in Governnent Code Section ~5'11>, in pric~ ranges approved by the City of Anaheim and ~~ith apprnpriate resale controls also anproved by the City. The developer shall, therefore, enter into an agreement a~ith the City of .4naheim pursuant to Government Code Section 55~1;, a~hich agreer~ent shall he recorded concurrently ~vith or prior to the final tract map. 1f, That the original documr.nts of the covenants, con~+itions ~~~-~ restrietionsshail provide that any tandem parl;ina spaces shall he ,~~eci`icall assigneJ to occupants of the units ~~rhich the tandem parl-inn Sp~~nS arP inten~ied to scrve. 6E IT FURTI(ER RESOLVED t`iat the Anaheim City Planninn Cor;mission dcc f~rr~hy find and deternine that the adoption of this Resolution is er,pressly rredicat~~t upon apPlicant's compliance ~~ith each and i11 of the conditions hereinahove set forth. Should any condition or any part therFOf, h= declared invalirf or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, ~nd any approvals herein contained~ shail be deemed ~u1) and void. _ 3' PCt3n-137 THF. F(?CFG~IiI; RESOLUTI01; is sign.r.d and approved I~y me this 2~th day of August, 1`~~~• `1,~, ..,,..: ~ ~.1' . -}~ , -_~ . - . CIIAIP,11~~1 PRO TE!1PORE A'!,4~!EItS CITY PL/1ti~!I"!f, C~'1"~IS~I!?"I ATiEST ~~.~-~. x' ,~~.. SE~~ETR.°.Y~ A'•!AHEI`1 CITY PLF1~l~JI"JG C(!'~t +ISSIO!! STATE OF CAL-FQ.°,!~1,4 ) COUPITY OF ORAI;GE ) ss. CITY OF ANAt;[IN ) 1~ Edit~ L. Harris, Secretary of the Anahetm City Planninn Comciission, do nereby cer*_ify that tF~e fore~oing resoliition t•~as passed and aciooted at a neeting of the Anaheim Cir.y Planninn Sor.mission held on ~ugust '~, 1^n^, at 1:3n p,e,,~by the folla•ring vote of the nentiers tl~ereof: AYES: COMHISSIOtIERS: EF~h1~S, t?USHO°[, PO!iAS, F~'Y, ~{r?r~T, ;:li!~ F10E5: CO'1t11 SS I0tlERS: t10~lE ABSEP~T: CnM!1ISSIO~iEP,S: TnLP.R I`I llITP1ESS 1•!HE°FOF, I have hercunto set my har~ this 2~th day of P.ugust, 14~i0. ~~ !x-(-[-C~ vC n ^~ SECRFTARY, .4"IAIIEI'1 CITY PIPtRiI'I~ C~H'!IS51~'I -1{- PC~3~-137