PC 79-225RESOlUTION t10. PC 79-225
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE FlO. 3120 BE GRANTED, Itl PAkT
WHEREAS, the Anaheim City Plannin~ Cor.miission did receive a vertfled
Petition for Variance from BROOY,HURST VILLAGE DEVELOPMENT CORPOP.AT10t1, N. V., 9858
Wilshire Boulevard, Beverly Hllls, California 90210, owncr, and STEVEN C, THOMAS,
9858 Wilshire Boulevard, Beverly Hilis, Lalifornia 90210, agent, or certaln real
property situated in the CI[y of Anaheim, County of Orange, State of Californla
described as:
THAT PORTION OF THE NORTHWEST QUARTER, OF THE f~ORTN4lEST QUARTER ~F
SECTION 20, TOWNSt11F 4 SOUTH; RAMGE 10 WEST, Ii~ THE 4AtJCHO LOS
COYOTES, CITY OF ANAHEIM, COUNTY OF ORANCE, STATE OF CALIFORNIA,
AS PER HAP RECORUED IN BOOK 51 PP.GE 10 OF MISCELLAN[OUS MAPS, IM
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, UESLRIBED AS
FOLLOWS: BEGINNING AT A POINT ON THE `aEST LINE Of THE NOP.THWEST
QUARTER OF SECTION ZO SOUTH 942.60 FEET FROH THE NORTHWEST CORNER
OF SAID SEC710N, SAID POINT BEIN6 NORTH 10.00 FEET FROM THE
SOUTHWEST COR4ER OF TIfAT LERTAIN 14.46 ACRE PARCEL OF LAHD
CONVEYED TO LUCY fRANCES BALL BY OEED RECORDED JUNE 16, 1897, IN
BOOK 32 PAGE 68 OF DEEDS, RECORDS OF ORANGE COUNTY; THENCE NORTN
462.80 FEET ALONG SAID NEST LINE TO 74E NORTHIJEST CORNER OF SAID
t4.46 ACRE PARCi.L Of LAND; TNEIICE EAST 1332.30 FEET ALONG THE
NOP.TH LINE OF SAID PARCEI OF LAilD TO TNE 4lE5TERLY LINE OF KELLOGS
HOMESTEAD TRACT A5 PER MAP RECORDED IN BOOK 8, PAGE 51 OF SAID
MISCELLANEdUS MAPS; THEIJCE SOUTN 222.80 FEET ALONG THE UESTERLY
LINE OF SAID KELLOGS HOMESTEAD TRACT TO THE NORTHERLY LINE OF THE
LAND DESCftIBED IN THE DEED TO NILNOLAS J. STEHLY ANO WIFE RECORDED
AUGUST fi, 1965 IN 800K 7622 PAGE 47, OFFICIAL RECORbS. TNENCE WEST
550.9~ FEET ALONG THE NORTH LINE OF SAlD LAND TO STEHLY TO THE
NORTHWEST CORNER THEREOF; THENCE SOUTH 240.00 FEET ALONG THE 41EST
LINE OF SAID AND TO STEH:Y TO A POINT NORTH 10.00 FEET fROM THE
SOUTH LINE OF TNE HEREINBEFORE MENTIONEC 14.46 ACRE PARCEL OF
LAND; THENCE WEST 780.66 FEET PARALLEL WITH SAID SOUTH LINE TO THE
POIt1T OF BEGINNING.
NHEREAS, the City Planning Comrnisston did hold a pubiic hearing at the City
Hall in the Clty of Anafiefm on October 22, 1979, at 1:3d p.m., no[ice of said public
hearTng having been duly given as r~qutred by law and in accordance with the
provtsions of the Anaheim Munictpai Code, Chapter 18.03, to hsar and consider
evidence for and agatnst said proposed varlance and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, said Commisston, after due inspectlon, investiga[lon and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing~ does find and determine tfie following facts:
PC79-225
1. That the petttloner proposes watvers of the following to convert an
existing 228-unit apartment complex fnto 228 condomintum units:
(a~ SECTION 12.31.060.012 - Ninimum buildi~stte area per dwellin untt.
(3000 5 uare ~eet required;
173 square eet proposed)
(b) SECTION 16.31.062.Oi2 - Maximum buildtn het ht.
One story perm tte w thin 150 feet
o~ one=~amily residential zoning;
two storles existing)
(c) SECTION 18.31.062.020 - Maxfmum s(te covera e.
0 permitted;
+~ extsting)
(dj SECTION 18.31.062.030 - Minimum floor area.
956 square eet required;
g33 souare eet existing)
(e) SECTiON 18.31.Ob3.024 - Mlnimum setback abuttin sin le-famil
res dentlal develo ments.
0 eet requ re ;
0-15 eet exfsting}
(f) SECTION 18.31.063.030 - Htntmum recreationai-leisure area.
1200 s uare eet required;
7 square ee[ proposed)
(g) SECTION 18.31.065.011 - M)n(mum distance between butidln s,
Z15 to 2 eet requ red;
11 to 20 eot extstfng)
(h) SECTtON 12.3T.065,03b - Rc u(red bulldin orientation,
Sound attenuat on and v aw screen)nn
re u re w on ac n arter a hi hwa s;
none ex st ng
(f) SECTION 18.3i,066.010 - Minimum number and t e of arkfnq spaces.
9 s aces requ re w th
5 enc osed in a garage;
3~ spaces exTsting wtth
232 covered with a carport)
(J) SECTION 18.31.066.030 - Mlnimum distance to arkinq s aces.
100 eet requ re rom we ings;
130~t proposed)
2. That the above-mentloned waTvers (a)~ (b), (c), (d), (e)~ (f)~ (y~~
~h~~ ~~d (J) are hereby granted, as proposed.
-2- PC79-225
3. That walver (i) ts hereby gran[ed, In part, req:~iring a mTnimum of 417
parking spaces rather than 386, as proposed, on the basls that the petitioner
stipulated at the public hearing to provlding 31 addltto~al parking spaces.
4. That all subJect waivers arc granted on the basis that the Anaheim City
Planning Commission and City Councll will be consldering a new condominium conv~rsion
ordtnance which, if adopted, would allow certain site development waivers (simtlar to
those proposed herein) for proJects whlch meet certain criterla, i.e.. havln9 an
agreernent wlth the Anaheim Community Nousina Authority se[tt~g aside a certain
percentage of units for low and moderate income housing.
5. That there are exceptional or e~traordinary ctrcumstances or conditTons
applicable to the property involved or to the incended use of the prooer[y that do
not apply generally to the property or class of use in [he same victnity and zone.
6. That the requested variance, as granted~ is necessary for the
preservation and en;oymeni of a subscantial property right possessed by other
property in the same vicinity and zone, and denied to the property in question.
7. That the requested variance, as granted, will not be materially
detrimental to the pubiic ti~elfare or inJurious to [he property or improvements in
such vicinity and zone in which the property is located.
8. That 4 persons indicated their presence at said public hearlna In
opposition; and it persons indica[ed their presence at said public hearing suopor[ing
subject request; and that no correspondence was recefved in oppos(tion to the subject
petition.
ENVIRONMENTAL IMPACT fINDINf,; That thc Anaheim City Planning Cormtssion has
reviewed the praposa to convert an existing 228-unit apartment complex tnto 228
condominfum u~its wtth waivers of minimum building sttc arca per dwelltng unit,
naximum building height, maximum site coverage, minfmum floor area, mtnimum setback
abutttng stngle-family resldential developments, mintmu~ recreatlonal-lelsurc area,
mintmum dista~ce between buildings, required ortentation of butldln9s, minimum number
and type of parking spaces and minimum distance to parking spaces on an Irregularly-
shaped parcel of land consisting of approximately 10.3 acres having a frontage of
approximately 463 feet on the east side of Broo~hurst Street, having a maximum depth
of approximately 1242 feet, being located approximately tf80 fee[ south of the
centerline of Ball Road; and dces hereby approve the Negative Declaratlo~ from the
requirement to prepare an environmenta) tmpact report on the basis that there would
be no signiflcant indtvidual or cumulattve adverse environmental impact due to the
approval of this Negattve Declaration since the Anaheim General Plan desianates ihe
subject property for medlum-density residential land uses commensurate wtth the
proposal; that no sensitive environmental impacts are involved in the proposal; that
t~e Iniilal Study submtLted by the petitToner indicates no stgnificant indivtdual or
cumulative adverse environme~Lal lmpacts; and that the Negattve DeclaratTon
substan[iating the foregotng findings is on file in the C(ty of Rnaheim Planning
Department.
-3- Pc79-225
tJOW, THEREFORE~ BE IT RESOI.VED that the Anaheim City Planntng Lommisston
does hereby grant, in part, subject Petition for Variance, upon the following
conditlons which are hereby found [o be a necessary prerequisite to the proposed use
of the subject property in order to preserve the safety a~d general welfare of the
Citizens of [he City of Anaheim:
i. That every dwelling unit shall be p~ovidcd Nith an approved smoke
detector, permanentiy wired and located as recortmended by the manufacturer and
Sectlon 1310 of the Uniform Building Code.
2, That subJect property shall be developed substan[ta11Y in accordance
with plans and specifications on file riTth the City of Anaheim marked Exhibit Nos. 1
through 5: Provided, however, 31 additional par~ing spaces shall be provided.
3. Prior to the sale of any unit, the applicant shail present evidence
satisfactory to the Chief Building Inspector tha[ the unit is in conformance with the
Noise Insulatton Standards speclfled in the California Administrative Lode, Title 25,
Chapttr 1, Subchapcer 1, Article ~.
4, That Conditlon Nos. i, 2 and 3, above-mentianed, shall be complied with
prior to finat butlding and zoning inspec[fons.
5. That prior to the occupancy of any unit, the appiicant shall present
satis`actory evidence to thc Lhief Building lnsnector that the unit has been
i~spected and approved by Lhe Anaheim Community Devetopment Department.
EE IT fURTHER RESOLVED that the Anaheln CTty Planning Comm(ssion dces hereby
find and determine that adoption of this Resolution is expressly predlcated upon
applicant's compliance Nith each and atl of the conditions heretnabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final 3udgment of any court of competent jurisdiction. [hen thts Resolutlon~
and any approvals herefn contained, shall be deemed null and vold.
THE FOREGOlMG RESOLUTION is signed a~d aoproved by me this 14Ch day of
hovember, i?79•
~ ~~~ ~
CNAiRHAI~. ANAHE}TN CITY PLANNING LOMHISSION
ATTEST:
Gt~ •~° ~G.,,~,~.
SECr~.ETAP.Y~ ANAHEIM CITY PLANNING COMMISSION
-4- Pt79-225
-.
~.i
STATE OF CALIFORt~IA )
COUNTY OF ORANGE ) ss.
CITY OF A4AHEIM )
i, Edith L. tiarris, Secretary of the Anahelm City Planntng Commisslon~ do
hereby certify that the foregotng resolution was passed and adop[ed at a mecttng of
the Anahetm City Planning CanmissTon held on November 19, 1979, by the following vote
oE the members thereof:
AYES: COHMISSIONERS; BARt~ES, QAVID, FfiY. HERBST~ KING, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUSHORE
~979.
IN W17NE55 WHEREOF, I have hereunto set my hand this 19th day of Novanber~
~,c~c~ .z? ~.w.
SECRETAR . ANAHEIM CITY PLAN~JING COMMiS510N
I . -5- PC79-2z5