1981-079RESOLUTION N0. 81R-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM dRANTINd CONDITIONAL USE PERMIT
N0. ~~ti4 .
WHEREAS, the City PlanninE Commission of the City of
Anaheim did receive an application for a conditional use permit
from EPHRIAM BEARD, ET AL., owners, and JONATHAN WEBB, agent,
to permit an 83-lot, 82-unit condominium subdivision on cer-
tain real property located in the City of Anaheim, County of
Orange, State of California, described as:
PARCEL l: THE SOUTH HALF OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 23, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE
RANCHO LOS COYOTES, AS PER MAP RECORDED IN BOOK 51,
PAGE 11 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; and
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WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as re-
quired by law and the provisions of Title 18, Chapter 18.03 of the
Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection, investi-
gation and studies made by itself and in its behalf and after due
consideration of all evidence and reports offered at said hearing,
did adopt its Resolution No. pC81-5 ~ arantina. in part.
Conditional Use Permit No. 2164 and
WIiEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WIiEREAS, the City Council finds, after careful consider-
ation of the recommendations of the City Planning Commission and
all evidence and reports offered at said hearing, that:
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 not adversely affect the adjoining
land uses and the growth and development of the area in which it
is proposed to be located.
3. The size and shape of the site proposed for the use is .
adequate to allow 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.
4. The traffic generated by the proposed use will not im-
pose an undue burden upon the streets and highways designed and
improved to carry the traffic in the area.
5. The granting of the conditional use permit under the
conditions imposed will not he detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the action of the City Planning Commission
t~said conditional use permit be, and the same is
ere y, affirmed and that Conditional Use Permit No.2164 be,
--- and the same s ereby, granted permitting an 83-lot, 8~ t
condominium subdivision on the hereinabove described property
with waivers of the following provisions of the Anaheim Municipal
Code pursuant to Government Code Section 65915:
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SECTION 18.01.130 - Required lot frontage. (Frontage
on dedicated street or alley
required; private street frontage
proposed)
SECTION 18.31.061.012 - Minimum lot area per dwelling
unit. (3000 square feet required;
2219 square feet proposed)
SECTION 18.31.063.011 - Minimum landscaped setback.
(15-20 feet required along Beach
Boulevard; 10-15 feet proposed)
SECTION 18.31.066.010 - Minimum number and type of parking
spaces. (280 spaces, 160 enclosed
in a garage required; 200 spaces,
134 enclosed in a garage proposed)
subject to the following conditions:
1. That this Conditional Use Permit is granted subject to the
completion of Reclassificaton No. 80-81-21, now pending.
2. That a 6-foot high masonry wall shall be constructed along
the north, west and south property lines.
3. 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 7.
4. That Condition Nos. 2 and 3, above-mentioned, shall be
complied with prior to final building and zoning inspections.
5. That prior to approval of the final map of Tract No. 11364,
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 Map and
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.
6. That in accordance with Council Policy No. 542, "Sound
Attenuation in Residential Projects," sound attenuation measures
shall be provided for all dwelling units located within 600 feet of
Beach Boulevard unless otherwise approved by the City Council.
BE IT FURTHER RESOLVED that the City Council hereby re-
serves the right to revoke such Conditional Use Permit for good cause
or failure of said owners, their heirs, successors or assigns to com-
ply with the Anaheim Municipal Code and regulations and the condi-
tions therein.
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BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicants' compliance with each and all of the condi-
tions hereinabove set forth. Should any such conditions, 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, shall be deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City ofd Anaheim this 24th d~.~of February, 1981.
OF THE CI'$~~OF ANAHEIM
ATTEST:
ITY CLERK OF THE CITY OF ANAHEIM
J LW : fm
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 81R-79 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 24th day of February, 1981, by the following vote of the members thereof:
AYES: COUNCIL MEMBERSs Overholt, Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 81R-79 on the 24th day of February, 1981.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 24th day of February, 1981.
CI CLE OF THE CITY 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. 81R-79 duly passed and adopted
by the Anaheim City Council on February 24, 1981.
CITY CLERK