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1982-460 RESOLUTION NO. 82R-460 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDIIONAL USE PERMIT NO. 2354. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit from GEORGE M. KUBO, et al., owners, and THE BARISIC COMPANY, agent, to permit a 35-unit condominium complex with waivers of certain provisions of the Anaheim Municipal Code on certain real property situated in the City of Anaheim, County of Orange, State of California, legally described as: PARCEL A: PARCELS 1 AND 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 148, PAGE 3 OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY. PARCEL B: THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 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 SHOWN ON A MAP FILED IN BOOK 12, PAGE 34 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY: THENCE S 890 36' 50" W. 64.00 FEET; THENCE N 00 12' 10. W, 0.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 192 FEET; THENCE NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 380 27' 14. AN ARC DISTANCE OF 128.86 FEET TO THE BEGINNING OF A REVERSE CURVE CON- CAVE NORTHWESTERLY AND HAVING A RADIUS OF 128 FEET; THENCE NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVR THROUGH A CENTRAL ANGLE OF 380 25' 39. AN ARC DISTANCE OF 85.88 FEET; THENCE N 00 10' 35. W, 2.57 FEET; THENCE N 890 35' 50. E, 86.00 FEET; THENCE S 00 10' 35. E, 3.96 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 162 FEET: THENCE SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 490 92' 57R AN ARC DISTANCE OF 140.10 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 98 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 490 34' 32. AN ARC DISTANCE OF 84.79 FEET TO THE POINT OF BEGINNING. DATED DECEMBER 31, 1974; and ... ...-...._..~.~...~_... .....-~. ..,........................_-... ... -.-*........... ..........:._.~d........_......____...,___._~...... ...._ ~ wtIEREAS, ~he City Planning Commission did hold a public hearinq upon said application at the Ci~y Hall in ~he Ci~y of Anaheim, no~ices of which public hearing were duly given as re- quired hy law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code, and WHEREAS, said Commission, af~er due inspection, investi- ga~ion and studies made by itself and in its behalf and after due consideration of all evidence and repor~s offered at said hearing. did adopt its Resolution No. PC82-l42, arantina Condi~ional Use Pe~it No. 2354 , and MIEREAS, thereafter, wi~hin the ti~ prescribed by law, an in~erested" party or ~he City Council, on its own "mOtion, caused the review of said Planning Commission action at a duly noticed public hearing, and WHEREAS, a~ the time and p~ace fixed for said public hearing, the City Council did duly hold and conduct .uoh hearing and did give all persons in~ere8~ed therein an opportunity to be heard and did receive evidence and reports, and MIEREAS, the City Council finds, after careful consider- ation of the recommendations of ~he City Planning Commission and all evidence and reports offered at said hearing, ~hat: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will no~ adversely affea~ ~e adjoining land uses and the 9row~h and development of the area in which it is proposed to be located. 3. The size and Shape of the site proposed for ~he use is adequate ~o allow ~he full developmen~ of ~he proposed use in a manner not detrimental to the particular,area nor to the peace, health, safety and general welfare. 4. The traffic genera~ed by the proposed use will not im- pose an undue burden upon the streets and hiqhways designed and improved bo carry the traffic in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, heal~h, safety and-general welfare of the ci~izens of ~he Ci~y of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim ~hat the action of the City Planning Commission ~r~lSin9 said conditional use permit be, and ~he same is ere Y,arrirmed and that Condi~ional Use Permit NO.23~4 be, and the same 1s hereby, qranted pe~itting a 30-unit affordable condominium complex on the hereinabove described real property with waivers of the following provisions of the Anaheim Municipal Code: --2- ATTV-26 (Pa.. 2 of 2 Pages) ........... ..-....... ;r_.:. . ...........- ........ .... I ~-J..~.. ...~....-..... ......_............_...._.._ ...._..,...,IIiI!III~..~.............':.ol....... ..~......",._.........----......... . (a) SECTION 18.31.061.012 - Minimum lot area per dwelling unit (3000 sq. ft. required; 2477 sq. ft., 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; none proposed) ---- (e) SECTION 18.31.063.030 - Minimum recreation/leisure area (1000 sq. ft. per dwelling unit required; 770 sq. ft. proposed) (f) SECTION 18.31.066.040 - Required screening of parking facilities (Screening of open parking spaces required; none proposed) subject to the following conditions: 1. That this Conditional Use Permit 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 recrea- tional 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 agree- ment shall be recorded concurrently with or prior to the approval of the Final Tract Map for subject property which shall provide that 25% 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. -3- ~.._. ..." ." . -,,-.......-.........-..- -................. p. .....,....... ..~iIIoi. ......._. N ....,......~. . """............. .....................~~..-.-................-.............."__..,, ._._ BE IT FURTHER RESOLVED that the City Council of the City of Anaheim 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 unen- forceable by the final jUdgment of any court of competent jurisdic- tion, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 14th day of September, 1982. MAA:~~IM ATTEST: ~'~a)~~ CITY LERK OF THE CITY OF ANAHEIM JLW: fm 0142M -4- .~.~;,.............._..... II............ ", :,.-.-..-.-~~.-.-.. .----.....,..._ .~--""-~_...-...-......-.,...:o.o....I'...:"....~l'"""..'." ..... STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 82R-460 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 14th day of September, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 82R-460 on the 14th day of September, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 14th day of September, 1982. ~ .Jl1~ ,<O~ CITY CLiRK OF THE CITY 0 ANAHEIM ( SEAL ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 82R-460 duly passed and adopted by the Anaheim City Council on September 14, 1982. ~~~~~ CITY CLERK -