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PC 80-209__ ,.... RFSOLUTIOP! N0. PC80-20g A RESOLUTION OF THE A~~AHEIPt CITY PLANNIPl~ C011MIS510~1 THAT PETITIOPJ FOR CONDITIONAL USE PERMIT N0. 2121 BE GRANTED, IN PART WHEREAS, the Anaheim City Planning Cortgnission did receive a verified p~tttion for Conditional Use Permit from BAF1K OF CALIFORNIA, N.A., TRUSTEE~ 845 Flgueroa, Los Angeles~ Californta 90054, owner, and FLOYD L. FARRANO, ESQ., 2555 East Chapman Avenue~ Su-te 415, Fullerton~ California 9263~, agent of certain real property sltuated in the City of Anaheim, County of Orange, State of California, described as fotlows: PARCEL 1: That portion of the south half of the Northwest quarter of the Southeast quarter of Section 27, Township 4 South, R?nge 10 West, partly in the kancho Las Bolsas and partly in the Rancho San Juan Cajon de Santa Ana, in the C1ty of Anaheim, as said section is shown on a map recorded in book 51, page 10 of Mtscellaneous Maps, records of Orange County, California, described as follows: Beginning at the Northwest corner of said South half; thence South 0 42' 47" Ezst 200.00 feet atong the West line of said South half to the true point of beginning; thence Scuth 8~3~ 38~ 07" East 300.00 feet parallel to the North line of said South half; thence North Oo 42' 47" West 200.00 feet parailel to the West line of said South half to the Plorth line of said SoutFi half; thence South ~9° 3$' 07" East 450.00 feet along said North ltne; thence South 0° 42~ 47" East 439.02 feet parallel to the LJest line of said South half to a line parallel with and distant 221,00 feet measured at right angles Northerly from the South line of said Northwest quarter of the 5outheast quarter of said Section 27; thence North 89° 38' 14" West 450.00 feet along said parallel line; thence North 0° 42~ 47" West 200,04 feet parallel to the West llne of said South half to a line parallel with and distant 239.~0 feet, measurad at rIg!iL angles Southerly from the Vorth tine of said South half; thence North 8g° 38' 07" West 3~0,00 feet along said parallel line to the West line of satd South half; thence North 0° 42' 47~' West 39•~~ feet to the true potnt of begtnning; and PARCEL 2: The East 450.00 feet of that portion of the South half of the Northwest quarter of the Southeast quarter of Section 27, Township 4 South, Range 10 West~ partly in the Rancho Las Bolsas and partly in the Rancho San Juan Cajon de Santa Ana, in the City of Anaheim, as said Section is shown on a map recorded in book 51, page 10 of Miscellaneous Maps, records of Orange Cour.ty, Ca)ifornia, described as follows: Beginning at the intersectton of a line parallel with and distant 221,00 feet measured at right angles Northerly from the South line of said South half wtth the West line of Lot 24 of Tract No, 3127~ as shrn.m on a map recorded in book 94, pages 48 and !i9 of Miscellaneous Maps, records of Orange County~ California; thence along said parallel line Nortl~ 89° 38~ 14" West 679,77 feet to an intersection with that certain curve in the North line of Wilken Way near the Northeast corner of the intersectton of said Wilken Way and Harbor Boulevard, as shown PCBo-20g on said map of Tract PJo. 3127 sald curve being concave to the Northeast and having a radius of 15,00 feet, a radlal line to satd curve at said intersection having a bearing of South 21~ 24~ 0$" West; thence Easterly 5.51 feet along said curve to the Easterly terminus thereof; thence Easterly 675.98 feet along the various courses in the Northeriy lines of Wilken Way as shown on said map of Tract No. 3127, to the Southwest corner of sald Lot 24; thence North 0~ 42' 47" West 9.00 feet to the true polnt of beginning; and PARCEL 3: The East 100 feet of the North 200 feet of the West 300 feet of that portion of the South half of the Northwest quarter of the Southeast quarter of Section Twenty-seven~ Township Four South, Range Ten West, S. B. B, E M., partly in the Rancho Las Boisas and partly in the Rancho San Cajon de Santa Ana~ descrlbed as follows: BegPnning at the Northa~est corner of said South half of the Northwest quartrer of the Southeast quarter of Section Twenty-seven; thence South 89~ 38' 07" East a71,29 feet along the North line of said South half of the Northa~est quarter of the Southeast quarter cf Section Twenty-seven; thence South 0° 42~ 47" East 500.02 feet along a line parallel to the West line of said Southeast quarter of Section Twenty-seven to a point on a line parallel with and distant 160,00 feet measured at right angles Northerly of the South line of said Northwest quarter of the Southeast quarter of Section Twenty-seven; thence Horth 89° 38~ 14" West 871,29 feet along said parallel line to a point on satd West line of Southeast quarter of Section Twenty-seven; thence North 0° 42' 47" West 500.05 feet along said West line of the Southeast quarter of Section Twenty-seven to the point of beginning. WHEREAS, the City Plan~ing Comr,~Jssion did hold a puLlic hearing at the Ctvic Center in the City of Anaheim on November 3, 1980, at 1:30 p.m., notice of said public hearing having been duly gtven as required by law and in accordance with the provisions of the Anahetm Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed condltional use permit and to investtgate and make flndings and recommendations in cannection therewtth; said publtc hearing having been continued to the Planning Comm!sslon meeting of December 1, ig80; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and 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 a~hich a condltional use permit is authorized by Anaheim Municipal Code Section 18,03.030,010 to wit: To permit a 2-lot~ 99-unit (25$ affordable) condominium subdtvision with the following waivers: (a) SECTlON 18,31.06i.012- Mlnimum lot area per dwellinq unit. 3000 squar2 eet required; 1889 square~eet proposed) (b) SECTION 18.31,062,012 - Maximum struc[ural height. 1 storv wit n eet of singie-family resi ential zonin permjtted and 2 tories overali perm tted; 2 and stories proposed~ -z PC80-209 ......,: . (c) SECTION 1d,3i.062.020 - Maximum site coveraqe. (d) SECTION 1~.31.062,030 - Minimum floor araa. (e) SECTIOP~ 13,31.0G3.031 - Minimum rer.reation-leisure area. 10 0 square eet per unit required; Q79 square feet proposed) (f) SECTfON 18.31.066.010 - 1linimw~ number and t e of arktng spaces. 3 7 spaces - T9 in gara es required; 233 spaces - 10' in~ proposed) ~?. {g) SECTION 18.31.068.021 - Maximum fence height. ~- 2. That the proposed use and waivers (a), (b)~ (e) and (f) are hereby r granted on the basis that the petitioner stioulated that this project will consist of a ~rinimum 25~ affordable housing with 25$ of the units being sold as low or moderate income housing pursuant to Government Code Section 65gt5; and chat the o-~aivers herein granted constitute developnent bonuses end are warranted due to the fact that the developer has agreed to buildino not less than 27~ of the untts for low and moderate lncome housing and has agreed to enter into an agreement with the City of Anaheim pursuant to said 6overn~ent Code Section 65915 agreeing to maximum initial sales - prices as appro•red by tlie ~ity of Anaheim, together ~~it~ such additional convenants and cor,dittons including resale controls as may be reGuired hy the City of Anaheim. :: 3. That the proposed waiver; (c), (d) and (g) are hereby denied on the ~ basis that the petitioner submitted a revised plan elimtnatinq the need for said ~`j waivers. 4, That the proposed use is hereby granted subject to the peti[ioner's stipulation that prior to aoproval of the final map of Tract No, t~3o5, the devel~per shall enter into an aqraement with each of the 45 permanent mouiiehome nouseholds or s~all submit evidence, satisfactory to the Ctty, of wlllingness to enter into a~ agreement or shall furnish proof thereof to the City agreeing to provide relocation assisance to said 45 households in accordance with Alternatives "A~', "B" or "C" as follows and as heretofore stipulated to by the devcloper on December 1~ 1980: Alternate "A" for mobilehomes less than 5 ears old: Developer pays 100$ knock-down~ transportation and set-up charges to another robilehome park located within $0 miles of the Westwinds Trailer Lodge for tenants on fixed incomes; or the developer pays 50$ of those charges for tenants not on fir,ed incomes. Relocation assistance will be provided without charge by the developer. OR Alternate "B" far mobi)ehomes more than ; years old: Tne tenant retatns the un t and the deveiapeer pays cash acc~~rding to a formula based on how long the tenant has owned the mobilehome in Westwinds Tratler Lodge, The tenant then pays all mcrv!ng costs. The formul.~ consists of (1) subtractinq the appraisPd off-site mobi)ehome value from the appraised on-site value and (2) appiytng an equity resFdue factor of 70$ to the differenc~ thereof (the `3- PC80-?49 equity residue factor ts reduced by 1n~ for each year the tenant has lived in 4lestwinds Trailer Lodge). The resuit wi11 be the cash amount which the developer r~tll pay to the tenant, provtded that the minimum payment will be i1,000. OR Alternate "C" for mobilehome homes regardless of aqe: The tenant retain~ the unit and the developer pays cash amounting to $1,7p0 for single-wide mobilehome coaches and $2,300 for double••wide coaches. Satd amounts, according to the developer, are the actuai costs as of December 1, 1980, for relocating such coaches o-~fth(n a 50-mil~ radlus of Westwinds Trailer Lodge, 5. That the proposed use. as granted, wi)) not adversely affect fihe adJointng land uses and the gra•ith and development of the a~ea in which it Is proposed to be located. 6. That the size and shape of the s~te proposed for the use, as granted, is adequate to allow the full development of the proposed use in a ma~ner not detrimental to the partlcular area nor to the peace, health, safety, and gen~rai welfare of the Citizens of the Ctty of Anaheim, ;. That the granYing of the ~onditional Use Permtt under the conditions imposed, if any, wil) not be detrimental to the peace, health, safety and general Welfare of the Citizens of the Lity of Anaheim. $. That the traffic generated by the prooosed use, a; granted, will not impose an undue burden upon the streets and higho-iays designed and tmproved to carry the traffic in the area. 9. That approximately 30 persons at tiie ~ctaber 2n~ 1oA~ mee*.ing; approximately 5~ persons at the ~Jovember 3, 1980 meeting; and a~pr~xltnately 72 persons at the December 1~ 1980 meeting indicated their• presence n.*, sa~d public hearing in opposition; and that one letter o-~as received in opposPtt~n to, subject petition. ENVIRONMENTAL IMPACT FINDiNG; That the Ar,aheim City Planning Gortm?sslan h~s reviewed the prooosal to reclassify subject ro ert~ ~rom the RS-A~~ (Residential/Agrfcultural) Zone to the RM-3000 (Residential, Multiple-Fanily) Zone~Oo permit a 2-loL~ 99-unit condomintum suhdivision with waivers of miriimum lot area per dwelling unit, maximum structural height, minimum recreatton-leisure area and minimum nurnber and cype of parking spaces on an irregu)arly-shaped parcel of land located north and east of the northeast corner of Wilken lJay and Harbor Boulevard, and havtng approximate frontages of 440 feet on the north side of Wilken Way and 39 feet on the east 51de of Harbor Boulevard (2170 South Harbor Bou;evard); and does hereby approve the Negative Decliration from the requirement to ~repare an environmental tmpact report an the basis that there would be no significant indtvidual or cumulative adverse environmental impact due to the approval of this PJegative Declaration since the Anaheim General Pian designates the subject property for mediur,~ density residential land uses commensurate ti•~ith the proposal; that no sensitive envtronmental impacts ~re im olved in the proposal; that the Initial Study submitted by the Petitioner indicates no significant individual or cumulative adverse environmental -4 PC80-209 impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant, in part, subject Petition for Conditto~al Use Permit, upon the foliewir~g conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and generai welfare of the Citizens of the City of Anahein: i. That this Conditional Us~ Permit is granted subject to the completion of Reclassification No. 80-31-14 now pending and approval of Tentative Tract No. 113U5. 2. That subject property shall be developed suhstantially in accordance with plans and specifications on ftle with the City of Anaheim marked Revision No. 1 of Exhibit No. 1, and Exhtbit Nos. 2, 3 and 4. 3. That prior to approval of the ftnal map of Tract No. 11305, the developer shall enter intn an agreement with the City of Anahelm pursuant to Government Code Section 659~5 agreeing to maximum sales prices as approved by the City of Anaheim for a minTmum of 25$ of the units to be low and moderate cost housing as defi~ed by said Government Code SectTon 65°15. together with such additional covenants and cenditions including resale controls as may be required by the City of Anaheim. 4. That the proposed use is he~eby granted suhject to the petitioner's stipulation that prior to approval of the final ma~ of Tract No. 113~5, the developer sha11 enter into an agreement with each of the 45 permanent mohitehome households or sha11 submit evidence~ satisfactory to the City~ of willingness to enter into an agreement or shall furnish proof thereof to the Ctty agreeing to provide relocation assistance to said 45 househo)ds tn accordance tirith Atternatives "A", "a" or "C" as follows and as heretofore atipulated to by the developer on December 1, 1980: Alternate "A" for mobilehomes less than 5 ears oid: Developer pays 100 knock- o~an, :ransportat on an set-up charges to another mobilehome park located wtthin 50 mtles of tfie 4lest Winds Trailer Lodge for tenants on fixed incomes; or the developer pays 50$ of `hose charges for tenants not on fixed incomes. Relocatton assistance will be provided without charge by the developer. OR Alternate "B" for mobilehomes more than 5 years old: ThP tenant retains fhe unit and the developer pays cash according to a formula based on how long the te.nant has o~~ned the mobilehome in Westwinds Trailer Lodge. The tenant then pays all moving costs. The formula consists of (1) subtracting the appratsed off-site mobilehome value from the appraised on-site value and (2) applyina an equity residue factor of 70p to the difference thereof (the equity restdue factor is reduced by 10~ for each year the tenant has lived tn Westwinds Trailer Lodge). The result wTll be the cash amounC which the developer wfll pay to tfie tenant, provided that the minimum payment will be $1,000. -5-' PC80-2J9 ;;,&r~~~ ,.;: .. . . 1 ~ OR Alternate "C" for mobilehome homes regardless of age: The tenant retains the un~t and the developer pays cash amounting to $1~700 for single-wide mobilehome coaches and $2,300 for double-wide coaches. Sald amounts, accarding to the developer, are the actual costs fo~ relocating such coaches within a 50-mile radTus of Westwinds Trailer Lodge. BE IT FURTIiFR RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoptlon of this Resolution is expressly predicated upon appllcant's compliance with each and all of the condittons hereinabove set forth. Should any such condition~ or any part thereof, be declared invalid or unenforceable by the final Judgment of any court of competent jurfsdictton, then this Resolutlon, and any approvals herein contained, shall be deemed null and void. THE FOREGOIMG RESOLUTION is signed and approved by me this lst day of December. 1980. ATTEST: /~u~~ Q~~ CHAIR AN, ANAHEIM CITY PLANNI~~G COMMISSION n ~~1T1, ~/l~tti SECRETAR , ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEiM ) I, Edtth L. Herris~ Secretary of the Anaheim City Planning Comrnission, do hereby certtfy that the foregoi~g resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 1, 19$0~ by the fotiowing vote of the members thereof: AYES: COMMISSIOMERS: BARNES, BOUAS. BUSHORE, FRY, KING~ TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HERBST IN WITNESS WHEREOF, I have hereunto set my hand this ist day of December, 1980. ~~ ,~° ~,~~. SECRETARY, ANAHEIM CITY PLAWNING CQMMISSIOt~ '6- PC80-209