PC 81-24RESOLUTION NO. PC81 -24
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2143 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from M. J. BROCK & SONS, INC., 6767 Forest Lawn
Drive, Los Angeles, California, 90068, owner, and M. J. BROCK & SONS, INC., 1698
Greenbrier, Suite 224, Brea, California 91621, agent, of certain real property
situated in the City of Anaheim, County of Orange, State of California, described as:
THAT PORTION OF THE SOUTH HALF OF SECTION 5, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL No. 1.,
AS SHOWN ON A MAP FILED IN BOOK 150, PAGES 7 TO 11, BOTH
INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA; AND
PARCEL 2 AS SHOWN ON A MAP FILED IN BOOK 150, PAGES 7 TO 11
INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did schedule a public hearing at the
City Hall in the City of Anaheim on November 17, 1980, at 1:30 p.m., notice of said
public hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; said public hearing having
been continued to the Planning Commission meeting of January 26, 1981; 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 which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.21.050.230 to wit: to
permit a 125-unit, 153-lot detached condominium subdivision with waivers of:
A. SECTION 18.31.062.012 - Maximum structural height.
(1 story permitted within 150 feet
of RS -7200 zoning;
2 stories proposed)
B. SECTION 18.31.063.024 - Minimum landscaped setback.
2. That the requested waiver A. is hereby granted on the basis that the
request is minimal with only four two -story structures being proposed 100 or more
feet from the adjacent single- family residential zoning.
PC81 -24
3. That the requested waiver B. is hereby denied on the basis that revised
plans were submitted deleting the need for said waiver.
4. 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.
5. 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
detrimental to the particular area nor to the peace, health, safety, and general
welfare of the Citizens of the City of Anaheim.
6. That the granting of the Conditional Use Permit under the conditions
imposed, if any, will not be detrimental to the peace, health, safety and general
welfare of the Citizens of the City of Anaheim.
7. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area.
3. That approximately 20 persons indicated their presence at said public
hearing in opposition at the January 12, 1981 meeting, and 2 persons at the January
26, 1981 meeting; and that a petition containing approximately 138 signatures was
received in opposition to the subject petition.
ENVIRONMENTAL IMPACT FINDING: Environmental Impact Report No. 113 was
previously certified by the City Council on March 16, 1974 in conjunction with the
approval of the Anaheim Shores Planned Community.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant, in part, subject Petition for Conditional Use Permit, upon the
following 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 general
welfare of the Citizens of the City of Anaheim:
1. That this Conditional Use Permit is granted subject to the completion
of Reclassification No. 73- 74 -36, reclassifying subject property to the RM -3000
(Residential, Multiple - Family) Zone, now pending.
2. That a modified cul -de -sac shall be provided at the terminus of Romneya
Drive subject to the approval of the City Engineer.
3. Prior to the issuance of building permits, the applicant shall present
evidence that the sound attenuation conditions specified in City Council Policy No.
542 have been met.
4. That a 6 -foot high masonry wall with no " weep holes" shall be
constructed along the west property line.
5. That subject property shall be developed precisely in accordance with
plans and specifications on file with the City of Anaheim marked Revision No. 1 of
Exhibit Nos. 1 through 8.
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PC81 -24
6. That Condition Nos. 2, 4 and 5, above - mentioned, shall be complied with
prior to final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions 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 jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 26th day of
January, 1981.
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
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 on January 26, 1981, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, KING, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HERBST
1981.
IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of January,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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