PC 80-4RESOLUTION NO. PC 80 -4
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3113 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from PAUL CHIAVATTI, ET AL, 634 South Loara Street, Anaheim,
California 92802, owners, and JOHN D. ROSE, 770 South Brea Boulevard, Suite 230;
Brea, California 92621, agent, of certain real property situated in the City of
Anaheim, County of Orange, State of California described as:
Parcel 1: Lots 36 to 51 inclusive of Tract No. 5053, in the City
of Anaheim, County of Orange, State of California, as per map
recorded in Book 183, Pages 34 to 38 inclusive of Miscellaneous
Maps, in the Office of the County Recorder of said County.
WHEREAS, the City Planning Commission did schedule a public hearing at the
City Hall in the City of Anaheim on December 3, 1979, at 1:30 p.m., notice of said
public hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; said public hearing having been
continued to the Planning Commission meeting of January 14, 1980, and
WHEREAS, said Commission, after due inspection, investigation 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 the following facts:
1. That the petitioner proposes waivers of the following to convert an
existing 60 -unit apartment complex into a 1 -lot, 60 -unit condominium subdivision:
(a) SECTION 18.06.030 - Minimum width of access drives.
(20 feet required;
12 and 15 feet existing)
(b) SECTION 18.31.061.012 - Minimum building site area per dwelling unit.
(3000 square feet required;
2243 square feet existing)
(c) SECTION 18.31.062.020 - Maximum site coverage.
(405 permitted;
48.2% existing)
(d) SECTION 18.31.062.0322 - Minimum floor area.
(950 square feet required for 2- bedroom units;
875 and 891 square existing)
(e) SECTION 18.31.063.012 Minimum landscaped setback abutting
a public street.
(15 feet required;
10 feet existing)
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SECTION 18.31.063.030 - Minimum recreation- leisure area per unit.
(1200 square feet required;
636 square feet existing)
SECTION 13.31.065.011 - Minimum distances between buildings.
(18, 19, 20, 22, 23 and 28 feet required;
12, 5, 12, 17, 9, 12 and 14 feet existing)
(h) SECTION 18.31.066.010 - Minimum number and type of parking spaces.
(210 spaces - 120 in garages required;
94 spaces - 75 in carports proposed)
2. That the above - mentioned waivers are hereby granted on the basis that
the Anaheim City Planning Commission and City Council will be considering a new
condominium conversion ordinance which, if adopted, would allow certain site
development waivers for projects which meet certain criteria including, but not
limited to: a written agreement with the Anaheim Community Housing and Neighborhood
Preservation Department, setting aside a specific percentage of units for low and
moderate income families.
(f)
(9)
3. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property that do
not apply generally to the property or class of use in the same vicinity and zone.
4. That the requested variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same
vicinity and zone, and denied to the property in question.
5. That the requested variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone
in which the property is located.
6. That 4 persons indicated their presence at the November 5, 1979 public
hearing; 10 persons indicated their presence at the December 3, 1979 public hearing;
and no one indicated their presence at the January 14, 1980 public hearing, in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to convert an existing 60 -unit apartment complex into a 1 -lot,
60 -unit condominium subdivision with waivers of minimum width of access drives,
minimum huilding site area per dwelling unit, maximum site coverage, minimum floor
area, minimum landscaped setback abutting a public street, minimum recreation - leisure
area per unit, minimum distance between buildings, and minimum number and type of
parking spaces on a rectangularly- shaped parcel of land consisting of approximately
3.09 acres bounded by Brownwood Avenue to the north, Aladdin Street to the east,
Catalina Avenue to the South and Valley Street to the west, and being located
approximately 700 feet east of the centerline of Brookhurst Street; and does hereby
approve the Negative Declaration from the requirement to prepare an environmental
impact report on the basis that there would be no significant individual or
cumulative adverse environmental impact due to the approval of this Negative
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Declaration since the Anaheim General Plan designates the subject property for medium
density residential land uses commensurate with the proposal; that no sensitive
environmental impacts are involved in the proposal; that the Initial Study submitted
by the petitioner indicates no significant individual or cumulative adverse
environmental impacts; and that the Negative Declaration substantiating the foregoing
findings is on file in the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject
property in order to preserve the safety and general welfare of the Citizens of the
City of Anaheim:
1. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Executive Director of Public Works.
2. That sidewalks shall be repaired along Valley Street, Aladdin Street,
Catalina Avenue and Brownwood Avenue, as required by the City Engineer and in
accordance with standard plans and specifications on file in the Office of the City
Engineer prior to final building and zoning inspection, or prior to the sale of any
dwelling unit, whichever occurs first.
3. That prior to approval of a final tract map, the developer and the City
of Anaheim shall enter into an agreement to provide relocation assistance to
displaced tenants; and an agreement to insure maximum unit selling price in
accordance with a schedule approved by the Anaheim Housing and Neighborhood
Preservation Department.
4. That every dwelling unit shall be provided with an approved smoke
detector, permanentl wired and located as recommended by the manufacturer, and
Section 1310 of the Uniform Building Code.
5. 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 19.
6. That Condition Nos. 1, 2, 4 and 5, above - mentioned, shall be complied
with prior to final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that the adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any condition 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 si•ned and _pp • ed by me this 14th day of
January, 1980.
ATTEST:
MG CHAIRM'N
ANAHEIM CITY PLANNING COMMISSION
PC80 -4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on January 14, 1980, at 1:30 p.m.,by the
following vote of the members thereof:
AYES: COMMISSIONERS: DAVID, FRY, HERBST, KING
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BARNES, BUSHORE, TOLAR
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of January, 1980.
1
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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