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PC 80-189RFSOLUTIOtd~JO. PC80-1Pg A RESOLUTIO~J OF TFIE A~•IAF;EIM CITY PLAN~II~JG C~I•iMISSIO~J THAT PETITIOFJ FOR CONDITIONAL USE PERMIT M0. 212~ BE DEPJIED WNEREAS~ the Anaheim Cit p~a pet i t i on for Cond i t i ona l Use Perm I t f rom CROb/N~DEVELOPMEtITnCO 1PAFJY, e17.570 Brookhurs t Street, Suite 5, Garden Grove, California 92F40, ovmer of certain rea~ property situated in the City of Anaheim, County of Orange, State of California, described as follows: THAT PORTIOD! OF LOTS 9 AtJD 10 OF TfIE ORAPJGEWOOD TRACT~ AS SHOWPI ON A MAP RECORDED IN BOOK 7, PA(;E 42 OF MISCELLANfOUS HAPS, RFCORpS OF ORANGE COUtJTY, CALIFORNIA, DFSCP,IEED AS FOLLO~dS: BEGI"~NItJG AT THE SOUTHI•/EST CORNER OF LOT 18 OF TRACT PJO, 26~33, AS SHOWN ON A 11P,P RECORDED I~l BOOK 92, PAGE 10 APlO 11 OF SAID MISCFLLANE(1l1S MAPS: THENCE, ALONG THE SOUTHERLY LIPlE OF SAID TRACT fJO, 2Hg3~ SOUTH 88 D[GREES 41' 43" EAST 61~,Z5 FEET TO A POIPIT ON THE WESTERLY LINE OF LOT 12 OF TRACT PJO, 5155, AS SFI(ll•fPJ ON A MAP RECORDED IPJ BOOK 194, PAGES 45 APJD 4G OF SAID MISCFLLANEOUS MAPS, SAID POINT AL50 BEING THE SOUTNEAST CORPJEP, OF LOT i~ OF SAID TP,QCT N0. 2683; THE~~CE, ALOtlG THE 41ESTERLY L I NE OF SA I D TRACT PlO. 5155, SOUTH 0 DEGREES 00' 05" bIEST 94.72 FEET TO THE S~UTNIJEST CORPIER OF LOT 13 OF SAID TRACT tJO. 5155; THEPlCE, ALOtdG THE SOIITHERLY LINE OF SAID TRqCT N0. 5155, SOUTH 83 DEGREES 41' 43" EAST 1(,5.?.2 FEET TO THE EASTERLY LINE OF THE LA~dD DESCRIBED IN DEED T4 RLENN E, HUGHES, AND OTHERS, P,ECORDED ~lOVE11BER 2 r 417 OF OFFICAL RECORDS OF SAID ORA~IGEOCOUNTY~ THENCO.FK ALOlG SAID EASTERLY LINE OF SAiD LAND OF HUGHES, SOUTH 00 DFGREF.S Oq~ ~Sn WEST 1g0,04 FEET TO A LI~~E THAT IS PARALLEL 411TH APJD NORTHERLY 30.OQ FEET FROM THE CENTERLINF ~F Sl,yu~};g qVE~JUt~ p5 SHOW~! ON S/11D T""'T r~~ • 2b~3; THEMCE ~ ALON~ SA I D PARALLEL L I PIE, NORTH 4~3 DEGREFS ~~~' 43" WEST 543.36 FEET TO THE EA;TFRLY LINE OF THE LAPID DESCRIBED IN DEED TO VERL U41DER1100D AND WIFE, RECORDED FEERUARY 18~ 1952 IN f300K 22f3L, PAGE 173 OF SAID OFFICIAL RECOROS; THE~JCE, ALONG SAID EASTERLY LINE OF UNDERk'OOD, NORTH 0 DEGREES 00~ ~5~~ EAST 186,75 FEET TO THE SOUTIIEAST CORNER OF THE LAr~p DESCRIBED ~p~ DEED TO HAROLD J. HEMHAUSER AP1D WIFE, RECORDED OCTOE3ER 22, 1952 IN BOOK 2401~ pq,E 162 OF SAID OFFICIAL RECORDS; TNEPJCE, ALONG TfiE SOUTHERLY LINE OF SAID LAND OF HEMHkUSER, P~ORTH 88 DEGREES 41' 4g~~ IJEST 232.11 FEET TO A LINE TfIAT BEARS SOUTFI 00 DEr,REES 00' 05" WEST FRQIq TFIE POiNT OF BEGINNING; THEPJCE NORTH 0 DFGREES 00~ pS~~ EAST 98,01 FEET TO THE P,11NT OF BEGIPJNIN_r,, - WHERF./1S, the City Planning Commission did hold a public hearing at the (.ivic Center in the City of Anaheim on November 3, 19II0, at ~;3^; p,m.~ notice of said P~bltc hearing havin~ been duly given as required by lai•~ and in accordance wtth the provisions of tlie Anaheim Nunlcipal Code, Chapter 1II,03, ta hear and consider evidence for and aga:nst said pr~~osed conditiona) use permit and to investigate and make findings ind recommendations in connection theret•~ith; and Pc3n-~~~ 41HEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consicleration of all evidence and reports offered at said hearing, does find and determine the followinq facts: 1. That the proposed use is properly one for v~hich a conditional use permit is authorized by Anaheim Municipal Code Section 1~.03,n3o.~1~ to wit: (a) SECTIOPI 18.31.061.012 - ~linimum lot area per do-~elling unit. 30U0 square eet required; 20 3 square feet proposed) (b) SECTIOP! 1II.31.062.012 - Maximum structural height. ~1~_ sto~r permitted r~ithin 15~ feet vf single-f~mily zoning; 2 stories proposed) (c) SECTION 18.31.063.031 - Minimum recreational-leisure area. 1000 sGuare eet per unit required; '3 square eet proposed) (d) SECTIOD~ 18.31.~6G.010 - Minimum number of arl:ing spaces. 7.10 parkin spaces required; 1~1 parking spaces proposed) 2. That the proposed use is hereby denied on the basis that the density exceeds the Anaheim General Plan designation fc~r this area. 3. That the proposed use ~~ill adversely affect tlie ad.joining land uses and the growth and development of the area in ~ohich it is proposed to be located. ~t, That the size and shape of the site proposed for the use is not 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 of the Citizens of the City of Anaheim. 5. That the granting of the Conditionai Use Permit x~ill he detrimental to the peace, health, safety and general arzlfare of the Citizens of ttie City of Anaheim. 6. That the traffic generated by the proposed use will impose an undue burden upon the streets and highti•~ays designed and improved to carry the traffic in tne area. 7. That approximately 20 persons indicated their presence at said pub!ic hearing in opposition; and that a petition containin9 anproximately 145 siqnatures was received in opposition to the suhject petition. ENVIRONMEPJTAL IMPACT FINDIPJ~; That the Anaheim City Planning Commission has reviewed the prcposal to reclassify suhject property from the RS-A-j~3,000 (Residential/Agricultural) Zone to the RN-3000 (Residential, ~tultiple-Family) 7.one to permit a 1-lot, 60-unit condominiurn complex (43ti affordahle) with ~~aivers of minimum lot area per dr~elling unit, naximum structural height, mir~imur,i recreational-leisure area and minimum number of parking spaces on an irregularly-shaped parcel of land consisting of approximately 3.7 acres located north and east of the northeast corner -7- PcBo-id^ of Simmons Avenue and Haster Street; liaving approximate frontayes of 543 feet on the north side of Simmons Avenue and 9d feet on the east side of Haster Street. being located approximately 21& feet north of the centerline of Simmons Avenue and approximately 2II2 feet east of the centerline of Haster Street; and does hereby disapprove t~ie NegatEve Declaration from the requiremant to prepare an environmental impact report on the basis that there ~~ould he significant individual or cumulatlve adverse environmental impact due to the approval of this ~Jegative Declaration since the Anaheim General Plan designates the subject property for low-density land uses not commensurate with the proposal; that s~nsitive environmental impacts are involved in the proposal; and that tfie Initial Study sul:mitted hy the petitioner indicates significant individual or cumulative adverse environmental impacts. NOW, TfIEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny subject Petition for Variance on the I~asis of the aforementioned ftndings. THE FOREGOING P,ESOlUTION is signed and approved by me this 3rd day of November, 1980. ATTEST• l~ ~L'C.EJ~~ GIiAIR11.4N, At1AHEIM CITY PLl1~!^IIM^ COMMISSIOPI ' ~ . SECRETARY, ANAHE I M C I 1'Y LAP~N I MG COMt11 SS I ON STATE OF CALIFORNIA ~ COUPITY OF ORANGE ) ss. ClTY OF ANAHEIPt ) I, Edith L. Harris, Secretary of the Anaheim City Planninq Commission, do hereby certify that the foregoing resolution was passed and adopted at a meetinq of the Analieir City Planniny Commission held on Plovember 3, 1~~3~, by the following vote of the members thareof: AYES: C011NfSSIOFJERS: BARNES, BOUAS, FRY, HERBST, Y.INr,, T!~LAR NOES: COFIMISSIONERS: BUSHORE ABSENT: COAiMISSI0NER5: PlONE IN WIT~dESS WNEREOF, I have hereunto set my hand this 3rd day c+f November, 1980, r~, ~ ~~.~..J SELRETF~RY ~ AP;AHE I H c i TY P~~r~ri t n~r C~MM SS ! 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