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Resolution-PC 97-14~ ~ RESOLUTION NO. PC97-14 A RESOLUTION GF THE ANAHEI6A CITY PLANNING COMMISSION THAT PETITION FOR COND?IONAL USE PERMIT NO. 3907 BE GRAPtTED, IN PART WHEREAS, the Anaheim City Planning Commisslon did recelve a verifled PetRion for Condftional Use Permft for certafn real property sfts~ated in the Clty of Mahe~m, Courrty of Orange, State of Calffomia, described as: PORTION A: LOTS 29, 30, 3S ANQ 3? OF SMITH AND DF1WS RESUBDiVISION OF THE SOUTHERLY 404.8 FEET OF BLOCK A, HOTEL DEL CAMPO TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALlFORNIA, AS SHOWN ON A MAF THEREOF RECORDED IN BOOK 4, PAGE 31, AF ~IIISCELLANEOUS MAPS OF THE COUNTY OF ORANGE. PORTION B: LOTS 19, 20, 21 AND 22 IN BLOCK C OF THE CENTER TRACT IN THE CITY OF ANAHEIM, STATE OF CAUFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 14, PAGE 13, OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY. WHEREAS, tha Ciry Planning Gommisslon did hold a publlc hearing at the Civic CeMer in the Ciry uf Maheim on February 3, 1997 at 1:30 p.m., notlce of said pu61~ heartng having been duly given as required by iaw and in acco-'danco with the provisions of the Maheim Munfcfaal Code, Chapter 18.03, to hear and consider evidence for and against said proposed condit~onal use permR and to irnestigate and make flndings and recommendaNons in connection therewtth; and that said public hearing was continued to the FAb; uary 19, 1997 Plann(ng Commisston meeting; arxl YVFIEREAS, said Commission, after due inspection, investigatbn and study made by ftself and in ks behalf, and after due consideration of all evkfence and reports offered at said hearing, does flnd and dete~'nine the fdlowing tacts: 1. That the proposed use is propedy one for wh~h a cundRional use permft ~s a~r'.lzorized by Anaheim Municipal Code SecUon 18.32.050.045 to construct an ti-untt, 2-story, attached cor-dominium development with wafvers of the fdlowing: ~a) SACrinrs 1A::~2.Oq.022 - Minimum struct~ral setback. r~i 18.32.080 (b) ~eGtlons 18.32.062.012 - ~utaYimii~n struCtural helaht. ~nd 18.32.080 2. That waNers (a) arxi (b) ere hereby denied on the basis that the need for s3aid waivers was deleted fdlowfng public advertising of thi3 proposal; 3. That the proposed use is properly one for which a conditiona~ use peRnit Is authorized by the Zoning Code; and tha't the proposal wGl provkle home ~uvnershfp on propeR~es that were previously vacant or developed wfth multiple-famUy reMal apartments; 4. That the propased use vvill not adversely affect the adjolning land uses and the growth and developmeM caf the area in wh~h R!s proposed ta be located becauso this type of housing exists in the viciniry, on CeMer Street ta the north; CR2856DM.wp -1- PC97-14 ~r ~ ~ 5. That the stze and shape of the propenies tor the proposed use is adeguate to allow the futl dsvelopment of the proposed use in a manner not detrimental to the partkular area nor to the peace, heaith, safery and general wetfare because both lots are sufficiem in size for the developmeM proPosal whhout a~d waNers; 6. That the Vafflc generated by the proposed use w~71 not impose ~n undue burden upon the streets and highways designed and improved to caRy the tra(flc In the area; 7. That the granting of the condtUonal use pem~~, under the conditions fmposed, w(II not be detrimeMal to tha peace, health, safety and general welfare of the cftizens of the City of Ar~aheim; and 8. That no one ind~ated their presence at sald pubi(c hea~ing in opposftion~ arxi that no correspondence was receNed in opposft(or- to tho s~bJect petitiors• GAUFORNIA EN1fIRONMENTAL QUAUTY ACT FINDING: That the Anaheim Ciry Plannfng Commission has reviewed the propasal to redassffy a pcution of sublect Property (Portbn B, on the west side of OINe Street) from the RM-1200 (Residerrtial, Multiple-Famny) zone to the RM-2400 (Residentfal, Multiple-Famfly) or a less Intense zone, to construct an 11-unR 2-story attached condom(n(um residentiai development with waNers of minimum structural setback and maxlmum structural height on both portiuns of subject property (Portions A and B), and for approval of a tentatNe tract map to permft a 2-lot, 11-unft air-space condominium subdivision on properry consist(ng of PoKion A(approximately 0.36 acre ha~ing an approximate ftontage of 193 feet on the east side of Olive SVeet and a maximum depth o# approximately 142 feet, being located approximately 300 feet north of Broadway, and furthsr desc~ibed as 128 and 202 Suuth OUva Street) and Portion B(approximately 0.57 acre having an approximate frontage of 170 feet on the west side of OINe Street and a maximum depth of approximately 155 feet, being lacated approximately 155 feet north of Broadway, and further described as 203, 209, 211 arxi 215 Sou[h Olfve Street); arxi does hereby approve the Negative Dedaration upon finding that the dedaration reflects the independertt Juclgement of the lead agency and that R has considered the NegatNe Dedaration together wfth any comments received du~ing the public review process and further ftnding on the basis of the inftlal study and any commems received that there is no substarrtial ev(dence that the project wnl have a slgnificaM effect c,n the environment NOW, THEREFORE, BE IT RESOWED that tha Anaheim Cfry Planning Commission does hereby grant, tn part, subJect Petftion for Conditional Usa Pertnft, upon the foilowing condftions which are hereby found to be a r~ecessary prerequisfte to the propo~ed usv of the subject properry ~n order to preserve the safery and general weffare of the Cftizens of the City of Anaheim: 1. That dothes washer and dryer hookups shall be Incorporated irdo each condominlum dwelling unft and shall be shown on the plans submitted for building permits. 2. That plans shali be submitted to the City Trafflc atxi TransportaUon Manager for his review and approval showing confomiance with the currer~t versions of Enginee~ing Standard Plan Nos. 436 and 601 pertafning to parking standarcls and driveway locatbn. SubJect property sha~~ thereupon developed and maintained in conformance with said plans. 3. That rdl-up garage doors shalt be shown on plans submftted for buqding permfts• Said doors shall be Installed and maintalned as shown on submftted plans. 4. That plans shall be submitted to the City Trafftc and Transpoitntion Manager for his review and approval showing co~-fom~ance wfth the Engfneering Standard No, 137 pertalning to sigM distance vfsibility for walls, fences and helght af landscaping. -2- PC97-14 ~ 5. That a pfan sheet for sol~ waste storage and cdlectlon and a pfan for recyding shail be submitted to the F'ub!'r, ONorks Depar~me~c, Strests arxl Sanftation DNision, for review and approvei• 6. That subject Condftionai Use PArtnit No. 39U7 is granted subJect to the adoptlon d a zoning ardinance in connectlon with RedassNk~tion No. 96-97-10, nr~r pending. ',. ' That an on-site trash Uuck 4um-anwnd area shall t~e provfded and mal~talned to the satisfactton of the ';~'ubl~ Works aepartrner't, SVepts and Sanitatlo:i Dlvtsion. Said tum-eround area st~all be specMic;ally ahc~m on Niacis submite~l for bu~~nb ~rnrts. . 8. i hat a!-Ir+~^~~i°s P.a~~%•,cfa~-on st~11 m~ir,tain all la~xiscaped areas other than the prNate yarcJ areas betvvAen the dwallfi{i unils.arxJ. ~aarag~s. S; 7hat a precise gradtns; ~lan shal". ~ submitted to the Publlc Works Department, DevelopmeM Servlces _ -~!~!~!^sr, for reviaw ar,i3 sr urovai 't+y the City Engineer. 1~. That subiect ~rr.+;',:;~ty 3ha3i bH ~~^:a~ped substantlally in accordence with plans arxf speciflcatlons submitted to tl-~ ~".!' ~ af f+naheim by tha petiUoner and which plans are on flle wfth the P~anning DepartmerYt maikr;~ ~xhibft hlos. 1 through 9. 11. Tt~,t an :insubordlnatod covenant sh~ll be recorded with the Office of the Orange CountY Recorder agrseing'~ G:~~vde the buyer of each dwelling unk with w~rltten infom~atlon obteined from the school disi~rictf pertt,4.~ing to possible overcrowded condftions and busirx~ stetus of the achods servin9 the dwelling ~nit. , P~iw. to recordation, a copy of xhe covenant sha~l be submitted to and approved by the C.'y AtC~ ~~iey. A copy of the rec~rded covenarrt shall then be submitted to the Zoning DNislon. 12. That trash ~orage areas shall be prov~ded and malntalned In a location acceptable to the Public Wo~lcs DepartmeM, Streets and Sanitation Dw~tsion. Such Information shall be spec~icaily shown on the plans submftted for bupding permfts. 13. That pr(or to issuance af a bupding pertnft or withtn a period oQ one (1) yea~ from the date of this rerolutbn, whlchever occurs Nrst, Condftion Nos. 1, 2, 3, 4, 5, 6, 7, ~, 11 and 12, above-meniloned, shal! be complfed with. Extensions for further time to complete satd conditio~s mey be graMed in accordance with SecNon 18.03.090 of the Anaheim Muni~ipal Code. 14. That prior to imal buading and zonfng inspections, CondRfon No. t0, above-mentloned, shall be complied with. 15. That approval of this appl(cation constRutss p.pproval ot the proposed request only to the extent that ft complies wfth the Anaheim Municlpal 2oning Code and any other applicable Cfty, State arxt Federal regulations. Approval does nat indude any action or flndings as to compliance or aPProval d the ';equest reparding any other appilcable arcfinance, regulatlon or requirement. %~ BE IT FURTHER RESflLVED that the Mahelm Gty P~anning Gommisslon does hereby find and dotermine that adoptlon oF thia Resoiution t~ expressly pred~catod upon appl~arK's comW(ance wtth each and all of the condttions hereinabove set forth. Should Any such conditim~ or any part thereof~ be declared Irnaikl or unenforceable by the flnal Judgment d any couR of competent Jurisdlctlon, then this Resolut(on, and any approvals herein contalned, shaU be deem~d null and vo(d. ~. PC97-14 \ ~ ~ THE FOREGOIDIG R~30UJi(OW :vas :}rJopted at the ?Ianning Commtsston meetU-g ~f Febniary 19, 9 897. ~ CHAIRPERSON ANAHE CITY PLANNING COMMISSION ATTEST: ~~ (~ ~~'`~-- -:: SECRETARY, ANAHEIM CITY RiA-yNl~!G CnM~J{iSSION STATE OF CALIFORNIA ) COUNTY GF ORANGE ) ss. CITY OF ANAFiEIM ) I, Edfth L. Harris, Secretary of ti~e Anaheim City Planning Commission, do hereby certiTy that .he fwagoing resolutbn was passed and adopted at a meet~ng cf the Anaheim City Pla~ning Commiss(on held on February 19, 1997, by the fdlowing vote of the membera thereof: AYES: COMMISSIONERS: BOSTWICK BOYDSTUN, BRISTOL, HENNINGER, MESSE, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MAYER IN WITNESS WHEREOF, I have hereunto set my hand this ~ deY of ~~ 1997. . ~ SECREZ' Y, APdA~iEIM ClTY PLANNING COMMISSION ~ PC97-14