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PC 82-142!"'~ r`w~. RESOLUTION NO. PC82-142 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSIOt7 THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2354 BE GRANTED WHEREAS, the Anaheim City Pla Petition for Conditional Use Permit Drive, Anaheim, California 92804, Skypark Circle, Irvine, Cali£ornia situated in the City of ~lnaheim, described as: nning Commission did receive a verified from GEORGE M. KUBO, ET AL, 2888 Lynrose owners, and THE BARISIC COMPANY, 18002 92714, aqent, of certain real property County of Orange, State of California, PARCEL A: PARCELS 1 AND 2, IN THE CITY OF ANAHEIM~ COUNTY OP ORANGE, STA1^E OF CALIFORNIA, AS SHOS~TN ON A MAP FILED IN BOOK 148, PAGE 3 OF YARCEL MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY. PARCEL B: THAT PORTION OF Z'.iE EAST HALF ON TNE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SEl;T20N 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, S.B.B. & M., IN THE CITY OF ANAHEIM~ COUNTY OF ORANGE~ STATE OF CALIFORNIA~ DESCRIBED AS FOLLOWS: BEGINNING IN THE NORTHWEST CORNER OF PARCEL B AS SHOi1N ON A MAP FILED IDT BOOK 12, PAGE 34 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAIA ORANGE COUNTY; THENCE 5 89° 36' S0" W. 64.00 FEET; THENCE N 0° 12' 10" W, 0.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A PADIUS OF 192 I'EET; THENCE NORTHERLY AND NORTHEASTERLY ALONG TFiE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38° 2%' 14" AlQ ARC DISTANCE OF 128.86 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NOFtTHWESTERLY AND HAVING A R~IDIUS OF 128 FEET; THENC~ NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A C~NTR~1L AIQGLE OF 38° 25' 39" AN ARC DISTANCE OF 85.88 FEET; THENCE N 0° 10' 35" W~ 2.57 FEET; THENCE N 89° 3.ri' S0" E, 86.00 FEET; THENCE S 0° 10' 35" E, 3.96 FEET TO TFIE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY ANA HAVING A RADIUS OF 162 F'~:ET; THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUvH A C'ENTRAL ANGLE OF 49° 92' S7" AN ARC DISTANCE OF 1~0.10 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 98 FEET; THENCE SOUTHWESTERLY AND SOUTfiERLY ALONG THE ARC OF SATD CURVE THROUGH A CENTRAI, ANGLE OF 49° 34' 32" AN ARC DISTANCE OF 84.79 FEET TO THE POINT OF BEGINNING. DATED DECEMBER 31~ 1974. WfiER~F~S, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on July 12, 1982, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions uf the Anaheim Nunicipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed c:onditional use ~ermit and to iavestiqate and make findings and recommendations in connection therewith; said public hearing having been continued to the Planning Com.mission meeting of July 26, 1982; and a ~, ~ WHEREAS, said Commi~sion, 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 18.03.030.010 and 18.31.050 to wit: to construct a 35-unit affordable condominium complex with waivers of the followinq: (a) SECTION 18.31.061.012 - Minimum lot area per dwelling unit (3000 sq. ft. required: 2124 sq. Pt., proposed) (b) SECTION 18.31.062.012 - Maximum structural height and 18.31.062.013 (One story permitted within 150 feet of single-family residential; two stories proposed) (c) SECTION 18.31.063.012 - Minimum landscaped setback (15 ft. required abutting a public street; 7 to 13 ft. proposed) (d) SECTION 18.31.0623.023- Minimum sideyard setback. and 18.31.063.024 (5 ft. abutting interior lot lines and 20 ft. abutting residential zoning required; none proposed) (e) SECTION 18.31.063.030 - Minimum recreation/leisure area (1000 sq. ft. per dwelling unit required; 660 sq. ft. proposed) (f) SECTION 18.31.066.040 - Required screening of parking facilities (Screening o£ open parking spaces required; none propcsed) 2. That the requested waivers (a) through (f) are hereby yranted on the basis that the proposal includes affordable dwelling ur.its and affordable housing projects with similar waivers have been approved throuyhout the city and denial would deprive subject property of privileges enjoyed by other properties in the same zone and vicinity; and on the basis that the property is under a resolution of intent to RM-1200 Zoning which would permit a higher density residential project. 3. That the proposed use is hereby qranted subject ~o the following stipulations made by the petitioner at the pubZic hearing: (a) That one-hundred percent (1005) of the units shall originally be sold in the affordable range as determined by the Anaheim Housing A~;thority. -2- PC82-142 .,. (b) That thirty percent (30~) of the units shall have resale cont.rols as determined by the Anaheim Iiousing Authority. (c) That in addition to the proposed parking, four (4) on-site recreational vehicle parkinq spaces shall be provided and shall be so identified. 4. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is propo~ed to be located. 5. That the size and shape of the site proposed for the use is adequate to :i.low 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 o£ 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 ttie City ot Anaheim. 7. That the traffic generated by the proposed use ~~ill not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 8. That two (2) persons indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMpACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit reclascification of subject property from the CL (Commercial, Limited) and RS-A-43,000 (Residen±ial/Agricultural) Zones to the RM-3000 (Residential, Multiple-Family) Zone to permit construction of a 35-unit affordable condominium complex with waivers of minimum lot area per dwelling unit, maximum structural height, minimum landscaped setback, minimum sideyard setback, minimum recreational/leisure area and required scr.eening of parking facilities on a rectangularly-shaped parcel of land consisting of approximately 1.7 acres located at the northerly terminus of Hayward Street, and further described as 720 South Beach Boulevard; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would 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 medium-density residential land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the groposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adversa envir.onmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. -3- PC82-142 .~.:.-.~~„~:..r:,a ~.:~ . _ :. ~~. ~^~, NOW, THEREFORE, SE IT RESOLVED that the Anaheim City Planning Commission does hereby qrant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequ.isite to the proposed use of the subject property in order to 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 Yermit is granted subject to the completion of Reclassification No. 82-83-1, now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4, provided, however, that revised plans shall be submitted to and approved by the Planning Department and shall include four (4) on-site recreational vehicle parking spaces. 3. That Condition No. 2, above-mentioned, shall be complied with prior to final building and zoning inspections. 4. That the developer shall enter into an agreement with the City of Anaheim pursuant to Government Code 65915 which agreement shall be recorded concurrently with or prior to the approval of the Final Tract Map for subject property which shall provide that 308 of the units shall be sold as low or moderate income housing as defined in Government Code 65915 and with appropriate resale controls as approved by the City of Anaheim. 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. Shou13 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, sha~l be deemed null and void. THE F~REGOING RESOLUTION is signed and approved by me this July 26, 1982. ~ ,~~~.~,~~~~ C~iA RMAN, ANAHEIM CITY P ING COMMISSION ATTEST: ~ tJ~(.(T (,t~ ~ J~~ SECRETAP.Y, ANAHEIM CITY PLANNING CO.'NMISSION -4- PC82-142 ~", r~. STATE OF CALIFORNIA ) COUNTY OF 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 Conunission held on July 26, 1982, by the following vote of the merbers there of: AYES: COMMISSIONERS: BOUAS, FRY, HERBST, KING, LA CLAIRE, MC BURNEY NOES: COMMISSIONERS: BUSHORE ABSEIJT: COMMISSION~RS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of July, 1982. _ ~~ ~ -9it., ~:, SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC£32-143 aa~~,.~a,...M.~..r_~,._....._...., . ............_ .