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PC 80-210RESOLUTION N0. PC80-210 A RESOLUTION OF THE ANAHEIM CITY FLAtItJlFIG COl1MISSIOPI THAT PETITION FOR CONDITIONAL USE PERMIT fJJ, 2122 BE GRANTED, IN PART WHEREAS~ the Anaheim City Planning i.ommission dld receive a verified Petition for Conditionai Use Permit from LEWIS L. WRIGHT~ JR,, ET AL c/o Roberx Morris, 30110 Crown Valley Parkway - Suite 22~ Laguna Niguel, Californta 92677, owner, and RICHARD L. FORD, 34192 Violet Lantern, Dana Point~ Caltfornia 92629, agent~ of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: That portion of Lots 6 and 7, of the South Placentia Tract ~Jo. 1~ in the City of Anaheim~ as shown on a map recorded in Book 5~ Page 42, Miscellaneous Maps~ records of said Orange County, lying South of a line parallel with and distant Morth a33.52 feet, from the South lines of said )ots. EXCEPTIN6 THEREFROM that portion of said land, lying withir, the follawing described lines: Beginntng at the intersection of the center lines of Sunkist Street and La Palma Avenue as said intersection is shown on map of Tract No. 3614, recorded in Book 152, Pages 42 to 14~4 tnclustve~ Miscellaneous Maps, records of said Orange County; thence along said center line of La Palma Avenue, South 89° 1~~' 41" East, 1138.45 feet; thence North 0° 45~ 19" East 50.00 feet to a curve concave Westerly having a radius of 1500.00 feet; thence along said curve Northerly, from a tangent arhich bears North 9° 56' 44" West~ through an angle of 03° 54' 43" an arc dista~ce of 102.41 feet to the Easterly line of said Lot 6 and the true polnt of baginning; thence continuing along said curve Northwesterly, through an angle of 15° 77' 22" an arc distance of 400,28 feet; thence tangent to said curve~ North 29° 08' 1+9" West 362.51 feet to a line 833.52 feet North of and parallel with the South line of saId Sonih Placentia TracL tlo, t; thence alang sa~d paraltei i~ne, South 89° 14' 4110 East 3z5.57 feet to said Easterly line of Lot 6; thence along said Easterly 1(ne South 0° 14' 05" West 683.64 feet to the true point of beginr.ing. WHEREAS, the City Planning Commission did hold a public hearing ae the Civic Center in the City of Anaheim on Decem6er 1, 1480, at 1:30 p,m., notice of said public hearing having been duly given as required by law and in acco~dance with the provtsions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and agatnst said proposed conditional use permit and to investigate and make finc~ings and recommendations in connection the~ewtth; and WHEREAS, said Cortmiss;on, after due inspection, investigation and study made by itseif and in its behalf, and after due c~nsideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1, That the proposed use Os properiy one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18,03,030.010 to wit: to permit a t-lot~ 156-unit, 66~ affordable condomintum conversion with watversof the following: PC80-210 (a) SECTION 18.31.061.012 - Minimum lot area er dwellin unit. 3000 s uare eet requ red; 1531 square eet existing) (b) SECTION 18.31.062,012 - Maxlmum structural heiqht. ~1 s~to~~_ perm tted with n 15~ feet o~ RS-A-43~000 zoning; 2 stories existing) (c) SECTION 18.31.062.020 - Maximum site coveage. (d) SECTION 18.31.062.0321 - Minimum floor area. 750 s uare eet pe~ one-bedroom unit required; 71 square eet existing) (e) SECTIOt~ 13,31.063.031 - Minimum recreational-leisure area. 1000 5 uare eet per unit required; 9 square feet existing) (f) SECTION 18.31.066.010 - Ninimum number and t e of parkinq s aces. 5 5 aces - 31 enc osed n a ara e required; 2 9 s~aces -212 n carpo~ts existina 2, That the proposed use and waivers (a)~ (e) and (f) are hereby granted on the basis that this proJect ~•~ill be a minimum of 65~ affordable wtth 66$ of the units being sold as low or modera*_e income housing pursuant to Government Lode Section 65915 and that the waivers herein constitute develepment bonuses and are wa~ranted due to the fact that the developer has agreed to buildTng not iess than 66$ of the units for low and moderate income housing and has agreed to enter into an agreement with the City of Anaheim pursuant to satd Government Code Section 65915 agreeing to max(mum initial sales prices for 66$ of the units as approved by the City of Anahelm~ together with such additional covenants and conditions inciuding resaie controls as may be required by the City of Anaheim. 3. That the proposed waivers (b) maximum structural height, and (d) minimwm floor area, are hereby waived on the basis that they are minimal because the adjacent RS-A-43,000 zoned property is designated for medium density res~dential land uses by the Anaheim Generai Plan and is deveioped with a mobilehome park and that the floor area waiver amounts to a deviance of less than 4$ from Code. 4. That the proposed waiver (c) maxiR~m s'te coverage, is hereby denied on the basls that the waiver is not needed. 5. That the proposed use, as granted~ will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 6. That the size and shape of the site proposed for the use, as granted~ is adequate to allow the full development of the proposed use in a manner not detrimenCal to the particular area nor to the peace~ health, safety, and general weifare of the Citizens of the City of Anaheim, -2- PC80-21~ 7. That the granting of the Conditional Use Permit under the conditions imposed~ if any, wili not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 8. That the traffic generated by the proposed use~ as granted, will not impose an undue burden upon the streets and highways des(gneci and Improved to carry the traffic in the area. 9. That 3 persons tndicated their presence at the November 3, 1980 meeting and i person at the Decamher i, 1980 meeting indicated thefr presence at said public hearing in oppasition; and that one pe[ition containing approximately 52 signatures Was received in opposition to the subject petition. E~~VIRONMENTAL IMPA~T FINDING: The Planninq Director or his authorized representa:ive has determined that the proposed project falls a~ithin the definitton of Categorical Exemptions, Class 1, as defined in Paragraph ?. of the City of Anaheim Environmental Impact Report Guidelfnes and is, therefore, cateaorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ctty Pianning Commission does hereby grant, in part, suhject Petition for Conditional Use Permit, upon the following conditions which are hereby fauna to be a necessary 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. Prior to the recordatton of a ftnal tract map and sale of any unit, the app)icant shall present evidence satisfactory to the Chief Buildtn~ Inspector that each unit is in conformance with the Noise Insulation Standards specified tn Chapter t of the California Administrative Code~ Title 25. 2. Prior to the recordation of a final tract map and sale of any unit, the apptIcar.t shal2 present evidence satisfactory to ;he Chtef Building Inspector that the untt is in conformance with the requirement of Council Policy 542, Sound Attenuation in Restdential Projects, 3. That subJect property shall be developed substanttally in accordance wtth plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 4. That the ~aestcrly driveway apron on La Palma Avenue be increased in width to a minimum of 24 feet. 5. That Condition Nos. 3 and 4~ above-mentioned~ shall be complted wtth prior to final buildir,g an~ zoning inspections. 6. Prior to recordation of a final tract map, the developer shall enter into an agreement with the Clty of Anaheim pursuant to Government Code 65°15 which egreement shall be recorded concurrently r~tth or prior to the approval of the Final Map and which shall provide that 66$ of the units shall be sold as low or moderate income hous(ng as defined in Government Code 65~15 an<I with appropriate resale controls as approved by the Ctty of Anaheim. BE IT FURTHER RESOLVED that the Anaheim City Planning Cormiission does here6y ftnd and determine that adoption of this Resolution is expressly predicated upon -3- PC80-210 i-.. applicant's c~mpliance with each and all of the conditions hereinabove set forth, Should any such conditlon, or any part thereof, be declared invalbd or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shail be deemed null anc void. THE FOREGOING RESOLUTION is signed and approved by me this lst day of December, 1980. ~ U/ CHAIRMAN, ANAHEIM CITY PLANNING COMMISSIOPI ATTE5T: 3ECRETAR~A~ A EIM CITY PLAN~~OMMISSION STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commisslon, do hereby certify that the foregoing resotution 4~as passed and adopted at a meeting of the Anaheim City Planning Commission held on December 1, 1980, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, KING, TOLAR NOES; COMMISSIONERS: NONE A9SENT: COMMISSIONERS: HERBST IN WITNESS WHEREOF, 1 have hereunto set my hand this 1sC day of December, 1980. ~.~~ ~t° z~,~ ~ ~ . ~ SECRETARY, ANAHEIM CITY PLRNNING COMMISSION -`'- Pcso-2, o