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PC 80-229RESOLUTIO~! N0. PCu(1-22^ A RESOLUTION OF THE At~AfIElt1 CITY PLAtltJlhlG COFIMISSIO(! THAT PETITIOP! FOR COtJDITIONAL USE PERMIT tJO. 2119, f3[ GRAt~TED, IN PART WIIEREAS, the Anaheim City Planning Commission did receive a verified petition for CondiLional Use Permit fror.i MARY S, tlELSO~l, ADMINISTRATOR FOR IDA M. RANWOW ESTATE, c/o Weinfeld ~ Mixon, Attorneys at Laa~, 601 North Parkcenter Drive, Suite 203, Santa Ana, California ?2701, owner and L1IJDf30RC-DAfiL INVESTORS, 1720 Pacific Coast Nighway, Nuntinyton Deach, California 9261i~, agent of cPrtain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: That portion of the ~dortheast quarter of the Southeast quarter of sect i on 20 ~ Townsh i p!! Sou th , Range 10 l•!es t, i n the Rancho Las 3oisas as sha•~n on a map recorded in Book 51, Page 10 of Misceitaneous Maps, records of Orange County, California~ clescribed as follaNS: Beginning at tlie northeast corner of the Southeast quarter of said Section 2~J; thence West along the North line of said tJortheast quarter 1323.~.5 feet to the Northwest corner of said Northeast quarter thence South along the West line of said tdortheast quarter to the Northwest corner of t•he land conveyed to A. B. Coffman by deed recorded July 3, 192$, in Book 59u, Page 204 of Deeds, records of said Orange County; thence East along the North line of said land so conveyed 1323.~3 feet to the east line of said Section 2~, thence PJorth along said east line to tl~e point of beginning. EXCEPTING Tf{EF[FROFI the following: Deginning at the Northwest corner of the Plortheast quarter of the Souiheast quarter of said section, as said corner is shavn on the rta~ oF Troct i7o. 2737, recorcle~l in uook, y3, Fages i7 and i8, Miscellaneous Maps, records of said Orange County, and running thence South F,9 deyrees 30~ 00" East alony tlie ~dorth line of said Northeast quarter, heing the center line of Cerritos Avenue (40 feet in width) 339.~tz; feet; thence South 0 degrees 55' 13" West parallel arith the Wes[ line of said Plortheast quarter 662.u2 feet to the North line of said Tract tJo. 2737; thence North L9 tiegrees 05' 00" West along said Florth line, and the Westerly extension thereof 339.li7 feet to the West line of said Northeast quarter; thence North 0 Jegrees 55' 13" East along the 1lest line, G60.35 feet to the point of beginninq. ALSO EXCEPTII•IG TIiEREFROM the Southerly 200 Feet of the Easterly 227 feet. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 1, 1980~ at 1:3~ p.m,, notice of said public liearing haviny been duly given as required by law and in accordance with the provisions of the Anaheim 1lunicipal Code, Chapter 1~,03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection tl~ereviith; said public haariny having been continued to the Planning Commission meeting of December 15, 19&0; and Pc80-2z9 L_.. ... a~-.,,.. , ..... . . . .. WHEREAS, said Comrsission, aftcr due inspection, investigation and study made by itsel` anJ in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and detcrmine tlie followin~~ facts: 1. That the prnposed use is properly one for which a conditional use permit is authorized by AnaFieim ~tunicipal Code 5ection 1°.~;.~;0.010 to wit: to permit a 5-lot, 22~-unit condominium suhdivision (25~G affordable) with waivers of: A. SECTIOt! 15.31.OGi.,~12 - Minimum lot area er dweiling unit. 3000 square eet required; ~ 210c1 square fee[ proposed) B. SECTIOtJ 1;.31.OG2.012 - Maximum structural height. 1 story permitted o~ithin 150 feet of singte-family residential zoning; ?. stories proposed) C. SECTIOP~ 1E.31.062.030 - Minimun floor area. 75~, 95!1 and 115~ square feet per unit required; 79. 931 and 110~ square eet per unit proposed} D. SECT(OP! 10.31.0u3•031 - Minimum recreational-leisure area E. SECTION 10.31.~G6.010 - Minimum nunber of arkin9 s aces. 720 spaces required; ~99~ sPaces proposed) 2. That the requested waivers A, e~ C, and E are hereby granted on the basis that the petitioner stipulated that this proJect will consist of a minimum 25$ affordable housing with 25`~ of the units being sold as low or moderate income housing purs~~ant to Government Code Section 65~t5, The peittioner siiuplated thaL no less than 10 units would be designated for sale to households having incomes t30`6, or lower than~ the median for househclds in Orange County as defined by the United States Department for Housing and Urban Development; 11 units would be for sale to households having incomes 10U~ of~ or lower than, the median and the remaining units (3h units) would be desiynated for sale to households having incomes 120$~ or lower than, the median. The waivers herein granted constitute development bonuses and are warranted due to the fact that the developer has agreed to building not less than 25$ of the units forlav and moderate income housing and has agreed to enter into an agreement v~ith ttie City of Anaheim pursuant ta said Government Code Section 65915 agreein9 to maximum initial sales prices as approved by the City of Anaheim, together with such additional convenant~ and conditions including resale controls as may be required by the City of Anaheim. 3• That the requesteJ waiver D is hereby denied on the basis that submitted revised plans eliminatcd the need for said waiver. 4. That the proposed use, as 9ranted, a~ill not adversely affect the adjo~ning land uses and tfie growth and dev~l~pment of ~he area in which it Is proposed to be located. 5. That tt~e size and sliape of the si[e proposed for the use, as granted~ is adequate to allow the full development c±f tlie proposed use in a manner not -2- PC8o-229 detrimental to the particular arca nor to [he peace, health, safety, and general welfare of tfie Ci[izens uf tfie City of Anaheiri. 6• That the Londitional Use Permit, as granted, and under the conditions imposed, will not be detrimental to the peace, health, safety and yeneral welfare of the Citizens of ctie City of Analielm. 7. That the traffic generated 5y ttie proposed use ~~ill not impose an undue burden upon the streets and high~•~ays designed and improved to carry the traffic i~ the area. ~• That 3 persans indicated their prescnce at said public hearing in opposition; and ttiat no correspondence ~•ias received ir, opposition to the subject petition. ENVIROi~11EPlTAL IMPACT FI~IDIMG: That !'-, ,1;;dheim City Planning Commission has reviewed the proposal to rcc:~~;i~y subject property from the RS-A-43,000 (Residential/qg~iculturai) ~.one to the R~1-30Q0 (Residential, tluitiple-Family) 7.one to estabiish a~-~~~~ 22~_~~~t condominium subdivision (2;; affordable) with waivers of minimum lot area per dwelling unit, maximum structura) height, minimum floor areas, and minimum number of parktng spaces on an irregularly-shaped parcel of land consisting of approximately 12,3 acres located at the southwest corner of Cerritos Avenue and Euc)id Street, having approximate frontayes of 9n feet on the south side of Cerritos Avenue and i25 feet on the west side of Euclid Street; and does hereby approve the Negative Oeclaration from the requirement to prepare an environmental impact report on the basis that there wouid be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for low medium density land uses commensurate r~ith the proposai; that no sensitive environmental impacts are involved in the ~roPosal; tfi~t the ir~iCiai Study submitted by tt~e Netitioner indicates no siynificant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City uf Anaheim Flanning Department. r~~'d, THEREFORE, [~E IT RESOLVED that the Anaheim City Planning Commission does hereby grant~ in part, sub.ject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of [he sut,ject property in order to preserve tFe safety and general welfare of the Citizens of [he Ci[y of Anaheim: 1. That this Conditional Use Permit is granted subject to the completicn of Reclassification PJo. 80-3i-13, naa pending. 2. Tha[ subject property shall be developed substantially in accordance with plans and s~ecifications on fil~ with the City of Anaheim marked Exhibit Nos. 1 through 7. 3. That prior ta approval of thc final map of Tract No. 11Q53~ the developer slwll enter into an ayrcement with th~ City of Anaheim pursuant to Government Code Sectton 65915 agreeing to maximum sales prices as approved by the City of Anahetm for a minimum of 254 of the units tu be iow and moderate cost housing as defined by said Government Code Sectio~, No less than 10 units shall be desfgnated for sale to hous~:liolds havinc~ incomes 30; or lo~~er tlian the median for s- . _. _. -3- PC8o-229 households in Orange County as defined by the United States Department for Housing and Urban Developoment, and no less than 11 units shall be designated for sale to households haviny incomes 100% or loufer than the mAdian. Said agreement may include such additional covenants and conditions including resale controls as may be required by the Citv of Anaheim. BE IT FUR~IER RESOLVED that the Anaheim City Planning Comm;ssion does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and a11 of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable hy the final judgment of any court of competent jurisdict;on, then this Resolution, and any approvals herein containeds shail be deemed null and void. 1'HE FOREGOIPJG RESOLUTIOPI is signed and approved by me this 15th day of December, 1g80. CHAIRMAr, ANAH~.IM CITy PLqryN~~ ! ATTEST: OMMISSION lo ~c.[~(, ,~ ~ SECRETARY, ANAHEIM ClTY PLAIJtJfNG COMMISSIOPJ STATE OF CALIFORtJIA ) COUNTY 0 F ORANGE ) ss. CITY OF ANAHEiM ) I~ Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held or, DecembEr 15, 19ii0, by the following vote of the members thereof: AYES: COM111S5IOIJERS: BARNES, E30UAS, [3USHORE, FRY, KiNG, TOLAR NOES: COMMISSIONERS: ~aOtJE ABSEIJT: COMMISSIO'JERS: HERBST IN WITPlESS WHEREOF, I hcave hereunto set my hand this 1$th day of December, 1980. ~~e,u~+t~ ~ ~ ,~ , SECRETARY, ANAHEI~1 CITY PLAWFJING COMMISSION -4- Pc8o-229