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Resolution-PC 92-11RGSOLU:ION NQ. PC92-11 A RGSOLUTION OF THE ANAHEIM CTTY. PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3482 BE DENIED WHEREAS, the Anaheim City Planning Commiasion did receive a verified PAtition for Conditional Uso Yermit for certain real property situated in the City of Rnaheim, County of Orange, State of California, ~escrlbed ae: THAT PORTIOP7 Or THF. NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SEC:TION 18, TOWNSHIP 4, RANGE 10 WEST, IPI THG RANCHO LOS CUYOTGS, COUN'PX OF ORI~.N~3E, S'fATE OF CALII'ORNIP. AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 Ob' N.ISCELLANEOUS MAPS, RECORDS OF SATD ORANGE COUNTY, DESCRLBED AS FOLLOWS: BEGSNNING AT A POINT ON THE NORTH LINL' OF 'iHE I NOR'fHEAST QUARTER (NE 1/4) OF THE SOUTHEAS'P QURRTER (SE 1/4) OF' SECTIOI3 18, TOWNSHIP 1 SOUTH, RANGE 10 I WEST, S. B. }3. & M., IN THE RANCHO LOS COYOTES, COUNTY oF oRANrE, STAT~ oF CALIFORNIA, 5AID POiNT OF BGGINNING BEING 477.6 FEEx EHST OF THE NORTEIWF.ST CORPIER OF TFIE NORTHGAST QUARTER (NE 1/4) OF THE '; SUUTHEAST QUARTER (SE 1~A) OF SAID SECTION; THENCE EAS'f ALOPlG THE NORTFf LINE OF 5AID NORTHEAST (NE 1/Q) 119.4 CEETJ THENCE SOU'SH, PARALLCL TO THE WEST LINE OF ~AIC PJORTt1ERST QUARTER (NE 1/4) 364.82 FEET; ! THENCE WEST I'ARALLEL TO THE NORTH LIP~E OF SASD NORTH LIPJG OF SAID NOltTHEAS'I' QUARTEIt (NE 1/4) 119.4 FEET~ ' TtlEfJCE NnRTF;, PARALLEL TO THE WES'P LINE OF SAID ~~' lIORTH~AST QUARTER (NE 1/4) 364.82 FEET TO THE PLACE ~' OF E3F.CINNING. WE{EREAS, thc~ City Planning Commie;~ion did hold a publf: hearinr at the Civic Center in the City of Anaheim on Derember 16, 1991 at 1t30 p.m., notice of 3aid public hearing having been duly given a~s require3 by law and in <~ccordance with the provisions of thc~ Anaheim Municipal Code, Chapter 1H.O:i, to hear and consider eviden~e far and aqcinst said proposed conaitional uoo permit and to inveytigate and make fi.ndinga and i•ecoRUnendatione in cvnnection therewith; .~iid that said public hearing wae continued ta thA January 27, 1992 Planninq Commie~ion mc~otii+g; ~~td WNEREAS, caid Commiss.ton, afL•er due inapectiun, invoatigatian and study made by its~lf and in its betialf, nnd after due conaideration o£ all aviden~e arid rep~r~s oEferecf at• ~aid h~arinc~, does fi.nd and determine the following fact~: .L. That the proposod use is properly one for tirhich a conditional uae permit io authorized hy Anaheim Municipal Codc~ Section it3.32.050.0A5 <~~~d Califnrnia Government Codc~ Section 65915 to permit a lfi-unit "afford~bl~" condcminlum complex with waive: of the following: cR1A04rts -.1- Fc92-11 (A) SECTION 18.32.061_O10 - Minimum butlding eite area g?r dwellin~unit.. (B) SECTIONS ~8.32.062.011 - ~axi um otructural hei~ht. and 18.32.062.012 (2 etories permLtted a minimum ~f 50 feet £rom ain~lo-family rQSidential ~oning to the aouthj 3 etori.e~ propused at 91 feet) 2, That ttie proposed recla~aificatinn (No. 91-92-10) uf subject property wao approved, as modified, under Reaolution No. PC92-10 t~ razone the property RS-5,000 "Residential, Single-Fami:y" inatdad of RM-2,40Q "Reaidential, tdultiple-Family" as requeated by the petitiane:•j and sinco the developmont proposal ie for an RM-2,400 'aifordable' condominium complex which 1s not a permitted use in the RS-5,000 r.one, aubject conditional uae permit ie hereby danied. 3. That ttie requested waiver (A) ia hereby denied on the basia that i~ wae delet•ed following pub~ic notification. 4. ~hat t.he requested waiver (e) is hereby denied on thQ baeie tliat subject use permit w1s denied. 5. That the propoaed use ivill adversely affect the ad;oining land uses and thta growth and development of the area in which it ie proposed to be located. 6. That the size and shapo oP the sit6 propooed for the uso ie not adequate to allow the full devolopment of t}ie proposad use iii a manner not detzimenta: to the particular area nor to *he peace, health, eafety and genAral. welfare of the Citizen~ of thQ City of Anaheim. 7. That the grantin9 of the Conditional U~e Permit will be detriment<~1 to ttie pr-_ace, fiealth, oafety and general welfar~ of the Citizone of tiie City of AnahQim. 8. That the traffic generxted by ttiP propoeed use will i~;.poqr an undue burderi upon the streets and highwaya desi.gned and improved to carry the traffic in the aL•ea. 9. Ttiat thirty-two (32) people in oppoaition and four (4) people in favcr indicated their preser.ce at the January 27, 1992 public hearing; and that no corro~pondenc4 was received in oppooition to subject petition. CALIFORNIA C~JVIRONMENTAL _Q,U~LITY ACT FINDING: Thak the Anaheim City Planninq Commission ha~ reviewed tho pronaeal to reclassi£y aubject nroperty from ttte RS-A-43,OU0 (Reaidential/Agric~lturAl) Zone lo the RM-2400 "Residenti.al, Multiple-Family" 2o;i~ and whicli prop~sal wt~o approved for RS-5000 "Resiclential, Sin91.e-Family" Zoning, to permit a 16-unit "affordablQ" condomir.ium complex witli waivera of minimum building aite area per dwolling unit and maximum structural height on a rectangularly-eh~ped parcel of land conEis:ing of approximatE3ly 0.9 acre t~avSng a frantage of app~^oximatQly 119 feet on the south side of Orange Avenue, having a ma.cimum dopth oE appr.oximately 332 feet, befng loc~ted approximately 715 feer, weet of th~ centerline of Brookhurst Street and further described aa 2250 wQOt Orange Avenue; nncl doe3 hereby ~pprove _?_ PC92-11 the Negativc Declaration upon finding that it has ronsidered the Negativa Dacla.ration together with any commente received during the oublic review procesa ancl further finding on the basis that the initial etudy and any comments recaived that there ia no eubstantial avidence that the pr~ject will have a eigni£icant effect on the environment. NOW, THEREFORE, BE IT RFSOLVc'D that the Anaheiin City Planring Commisaion doee hereby deny s~abject P~titian for Condit.i.onal Use Pormit, on thQ basis of the aforemontioned findings. THE FOREGOING RESOLUTIUN wae adopted at tho Planning Commisaion i rneeting of Januar~~ 27, 1992. ~% j , ; ~.~-C~~il-v'L L'~ (i //, i CHAlRMAP7, ANAHEIM C TY PLAli1O~ING OAIMISSION i ATTEST: ~ , ^ o i /' CRETAR~, AN ~ M CITY FLANNI^IG COMMISSION ~ ! S'PATE OF ~ALTI'ORNIA ) ~! COUNTY OF ORRP7GE ) s~. ~ CITY OF ANAHEIM ) I, ,lanet L. Jensen, Sec~etary of thQ Anzhoi.m City Planntng Commisaion, do hereby certify that tYie foregoi~tg res~lution wae paesed and ~ adopked at a meeting of tlie Ar.ahPim City Planning Commiesion hal~l on Januery r 27, 1992, by the following vote of the members therpof: ~ AYES: COMMISSIONERS: BOUAS, BRISTOL, HELLYER, MESSE PERAZA, ZFDSEL " NGES: COMMISSIONERS: NONE E ABSENT: COMMISSIONERS: HENNINGER „ IN WITNES5 WHEREOF, S have hereunto set my hand this 1~~ day ~ of , 1992. ~ i , ~~ ` ~ S RETARY, AN M CITY PLANNING COMMISSION , -3- PC92-11