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Resolution-PC 92-72.~SULuYior~ No. Pc~ A RESOLUTIaN OF 'fHE ANAHEIM CI1Y PLAfJNING COMMISSION THAT PETITION FOR CONnITIONAL USE PERMIT N0. 3517 BE GRl+NTED, IN PART WHEREA$, the Anaheim City Planning Commi3sinn did r~ceive a verifi~d Petition for Conditional Use Permit for certain rAal prope~ ry situated in the City af Anaheim, County of O~~ange, State of Calffornia, described as: TFiE SOUTH 158.00 FEET OF THE WEST 343.00 FEE7 OF THE NQ~7FIWEST QUARTCR ~F THE SOUTHWES7 OUAR7ER OF THE SOUTHWEST OUARTER OF SECTIAN 14, TOWNSHIP 4 SOUTH, RANCH 11 WES7, IN THE RANCHO L03 COYA7ES, IN THE CITY OF AVAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER IaAP RECORDED IN BOOK 51, t'A(3E 11, OF ti11SCELLANEOUS MAPS, IN THE UFFICE OF THE CpUNTY RECORDER OF SAID ORItNGE COUNTY. WNEREAS, the City P4anning Commission did hold a public hearing at the Civic Conter in the City of Anaheim un March 23, 1A92, at 1:3U p.m., notlce of said public hearing having been du!y given as required by IaN and in accx~rdance with the provisfons af the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and ag~inst said proposed conditional use permit and to invest ;;ate and make tindings and recommendations in connection therewith; and that said public hearing was uor~tinued to the qvril 20, Mny 18 and June 15, 1992 Planning Comrnissicn meeting; and WHEREAS, said Cornmission, aRer due inspection, investigatian and study n~ade by itseif and in its behatf, and after due consideration of all evidence an~ reports offered et seid hearing, does find and determine th9 following tacts: 1. That the petitioner reguests approvai nf a conditional use pormit under euthority of Caie Sectfon 18.32.OSC.045 to permit an 18-unit condominium complex with the following waivers: ~A~ .~~ction 18.32.Qg? d~2 (B) Section 18.B2.0B3.0~ (C) Section_~8.62.OSO.Q10 ~mus~tru~iur~L-.~.ht• ~inim: ut1 I~n~1Q~c~Ad gg C~k adleCent t0 sinp~e-ta ily residential.Z4II~. (~Q~gt required; 10•1~ feet prop~sec!) CR1518MS.wp -1- PC92-72 (~) Soctip,~,7.08.036 - r,ivate ,SSr.eet irr~orovement Required: .~8-foot wide ~avement nlus 4-foot ~yj~ sid~wsalks on botb _gj.d~,q r~quir~d; (Proposed: ?itoo wide ogyement plus 4-foot wide sidewalk on one side) 2. That the requested waivers (A) an~ (C) are hereby deniod An the basis that they were doletod by the potitioner follawinA public notffication and !n connection with the submitt~l of revised plans far an 18-unit project. 3. That although the petitioner submitted rovised plans eliminating al! the proposed waivers fram the RM-2400 Condominium Standards, tho Planning Commi~sion determined at the public heariny to approve waiv9rs (B) and l~), abovo-mentioned, in part. 4. That waiver (B) is hereby approved, in part, to (a) Permit a minim~rri seventeen (17) fnot wide landscaped setback along the south proparty line by moving the buildings located an the southwosf portion of the property three (:~) fset closer to snuth proporty line, and (b) Romoving a rtsinimum of three (3) feet from the face af the buildin8 loca:ed on the southeas~t partion of the prope~rty thereby mairY;Hining a minimum twenty (20) foot wide landscaped setback and providing an additional three feex in width for the priv~te street, as stipulated to by the petitioner at the public hearing; on the basis tha! there are special circumstances applicable to the property such as size, shap~, topogrephy, locati4n and surroundings whlch do not apply to other identically z4nAd oroperty in thb same viainity; and that strict appUcation of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classiflcatian in the vicinity; and furthor that revised pl~ns shall be submitted by the petiti~ner as stipulated to at the public hearing incorporatiny the above-mentioned changes. 5. That, in conformance with Seation 17.08.650'Conditfonal Facc~ptions to Chapter" of the Anaheim Municipal uode, waiver (D) is hereby granteci, in part, to perRiit a minimum two:Yty oight (28) foot wide private street consisting of a minEmum M~eMy four (24) f~ot wide pavement witli a minimum tour (4) foot wide walkway on only one (1) sfda, c+n tl~o basis that there I$ a special circumstance applicable to th(s praporty consisting of limited size theroby prohil~iting development in ~nfonnance with stenderds. 6. That revised ptans, a- approved, result in very minimal impacts to adjoinin~ single-family neighborhoods and that no second-story windows or balcony/ deck arees will intrude o~ the vis~iai privacy of tha sin9le•femily residences. ~'. That the revisad plans, as approved, will enhanca the subject property as well as pressrve the character ~f the surrounding singte-tamily nefghbortioods. 8. That the proposed use i~ properly one for which a conditiortal use permit is authorized by the Zoning Code. .2. PC92-~2 ~. That the proposed use, as grAnted for 18 units, will not adversely affect the adJoining land uses and the growth ard development of the area in which it is ~roN~~sed to bd loc~tod. 10. That the siz~ and sha~e of the site for th~- proposed use, as grantod, is adequato to allow the full development of the proposed use in a manner no4 de4r!mental to the particular area nor to the peace, hea"h, safe4y, and genaral weifare. 11. That the traffic generated by the proposed use will not impos~ an undue burden upan the streets and highways designed and improved to carry the traffic in the aroa. 12. That the granting nf the conditional use pe-mit under the conditions imposed will not be detrimental to the peace, healt!~, safety and general welfare of the citizens of the City of Anaheim. 13. That eleven (19) people in opp~sition and threo (3) people in favor indi4ated ~heir presence at said public hearing; and that na correspondence was received (n opposition ta the subject petition. ~ALIFORNIAENVIROfVMENTALQUALIIYACTFlNDI~; ThattheAnaheim Ciry Pl~nninq Comrt~ission h~s reviewed the proposal to reclassify subject property irom the RS-A-~3,00(~ (ResEdential/Agricu!tural) Zone to the RM-24Q0 (~iesidentfat, Muitiple- Family) to permit an 18-unit (previously 19-unit) conoaminium complex with waivers of maximum structur~l height, minimum landscaped setback adjacent to single•family residontial zone, maximum site covarage and required private stree3 improvement on ~ reatangulerly-shaFed pa: cel of land consisting of approximately 1.03 acre, having a frontage of approximately 160 feet oR the ea~t side of Knott Streot, having a max(mum depth ot approximately 290 feet, being locateci approximatvly 350 feet south qf the centerline c~f Ftome Avenue and further described as 842 South Knott Street; and does h~reby epprove the Negative Doclaration upon nnding that the declaration reflects the indepe~ident judgem~nt of the lead agency a~d that it has consideresi the Negadve Declaration together with any comments received during the publia review process and further finding on the basis ~f the initiat study and any comments received that thbra is no subsisntial evider~ce that the proJect will have a signiticant eHect on the environment. NOW, THEREFORE, BE IT FiESOLVE~ that the Anaheim City Planning Commissfon does horeby grant subject Petition tor Conditianal Use PermR, ~n part, upon the tallowin~ condhions which are hereby found to be a necessary prerequ3site to the ~Sropo~ed use of the sub~gct property in order to preserve the safety and general weNare ot :he Citizens af the Gity of Anaheim: 1. That prfor to issuanc~ of a building permit, the final tract map shall be subrnitt~d to ~nd epproved by the City of Ar.aheim and the Orange Courrty Surveyor; and then shall be record in the Office ~f the Orange cqunty Recorder, in accordance with Seciion 66499.30 of t~e Subdivision Map Act. -3- PC92-72 2. That every condominium units shali be addrassed on Knatt Stre~t. 3. That prior to the first final building and zoning inspoction, the driveway on Knott Street shall be constructed with minimum ten (10) foot radius curb returns in conf~rmance with Enginr~oring Standard Detail 137. 4. Tha4 prior to the first final buildin~ and zo~ing inspection, the sidewalk along Knatt Street shail be reconstructed in accc+rdanca with Enginearing Standard Detail No. 110. 5. That a Plan 5heet for solid waste ~torage and collectEon and a plen for recrycling shail be subrriitted ta the Department of Maintenanco fur review and approval. 6. That clothes washer and dryer hookups shall be incorporated into each condominium dwelling unit ~nd shall be speciflcally shown or~ the plans submitted for building permi~s. 7. That any tree planted on-site shall ba replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 8. That subject proporty shall be developed substantiaily in Kccordance witli plans and s~pecifications submitted to the City of Anaheim by th~ petitioner and which plans are on iite with th~ Planning D9partment marked Revision No. 1 of E~chibit Nos. 1 through 6; provided, however, that: (a) A minimum seventeen (17) foot wid~ landscaped setback shaU be maintained botween the south proparty line and the buildings located on tho southwesf portion of the property; (b) A minimum twenty (2Q) faot wide landscaped setback shall be maintained betw~en the south prop9rty line and the buildin~ iocat~d on the southeast portion ot the property by r~moving a minimum of tt~r9e (3) foet nom the tace of said building in order to widen the proposed private street; and (c) A minimum twronty eight (28) foot ~vide privats street shali be provided consisting of a m(nimum twerrty four (2a) foot wide pavement with a minimum four (4) foot wide walkw~y on one (1) side. 9. Thet prior to issu~nce a4 a building permit or wit'~in a period of one (1) year irom the date of this r~solution, whichever occurs ~i~st, Condition Nos. 1, 5 and S, above•mentione~i, shall be compJied wfth. Extensic~ns for iurther time tA complete ~aid cc~nditions may be granted in accordanco with Section iS.c)3.090 of the Anaheirr Municipai Code. 10. Thet prior to final building and zoning inspections, ConditEon Nos. 3, 4 an~ 8, above•menwoned, shall bo comptied wfth. .d- PC92-72 11. Tliat approval of this dpplfcation constitutas ~pproval of the praposed raq~est only to the extent that it complies with the Anaheim Municipal Zoning Code ~nd any other applicable City, State and Federal regulations. Approval does nat include any action or findinqs as to complianca or approval of th9 request r~garding any oth~r applicabio ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Ciry Planning Commissfon daas hereby find and determine that a~~ption of this Resolution is expr~ssly predicated upon applic~ant's compifance with each and all of the ~onditions hereinabave s9t forth. Should any such conditinn, or any p~art thereof, be declared invalid or unenforceable by the final judgment af any c~urt of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. '~HE FOREGOING RESOLUTION was adopted at the Planning Co~rmission mee;ing of Juna 15, 1992. ~ ~ /~ , - ~t~~. ~--~~ :: " CFI~11RMpN, ANAHEIA4 C, PLA INC OMMISSIC~N AITEST: ~ ~GC/7~t~~llit~QJ c~i~/uB.~ SECRETApY, A AHEIM CI1Y PLANNING COMMISSION ST~ITE OF CALIFORNIA ) COUNTY QF ~RANGE ) ss. CITY OF ANAHLIM ) !, Margarit~ Solorio, ~ecretary of the Anah~im Gity Planning Comrnission, do hereby certify that the forogoing resolutiun was passed ~nd adopted at a meeting of the Anaheim City Planning Commission held on June 15, 1992, by the followfn~ vote of the members thereof: AYES: COMMISSIONERS: BOUAS, BRI~701., HELLYER, HENNINGER, MESSE, ZEMEL NOES: COMMISSIONERS: NONE AF3S~NT: COMMISSIONERS: ~ERAZA IN WITNESS WHEREOF, I have hereunto set my hand lhis /~'~~ day of C-~ Clf~r ,1992. _ ~ ~- .. J' ~~r~/z uc.c~~~i,~~t~~ SECRErARY, AN EIM CITY PLANNING COM(WISSION -5. PC92-7a