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PC 82-207~~. . R~SOLUTION NO. PC82-207 A RESOLUTION OF TH: ANAHEIM CITY PLANNING CnMMISSION THAT PETITION Fi.R VARIANCE N0. 3301 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from CENTRAL CAPITAL CORPORATION, P. p. gox 81511, San Diego, California 92318, owner, and G. C. PROPERTIES, INC., 2152 Dupont, Suite 200, Irvine, California 92715, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL A: PARCELS 2 AND 3 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 145, PAGES 10 AND 11 OF PARCEL MAPS, ItJ THE OFFICE OF THE RECORDER OF SAID COUNTY. PARCEL B: PARCEL 3 IN THE CITY Or ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, ~S SHOWN ON A MAP FILED IN BOOK 13, °AGE 40 OF PARCEL MAPS, IN THE OFFIC£ OF THE RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearir.Zg at the City Hall in the City o£ Anaheim on November 1, 1982, at 1:30 p.m., nutice of said public hearing having been duly given as required by law and in accordance wi.th the provisions of th~ Anaheim Municipal Code, Chapter 18.03, to hear and consider e~idence 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 November 15, 1982; 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 construct a 272-unit aPartment complex: (a) SECTION 18.34.062.012 - Maximum structural height (one story permitted within 150 feet of single-family residential zoning; two stories proposed at 70 feet) (b) SECTION 18.34.062.032 - Minimum floor area (700 & 825 sq. ft. per one and two bedroom units required; 491, 585 & 708 sq. ft. proposed) (c) SECTION 18.34.OG6.030 - Required enclosure of carports (Enclosed on 3 sides with roof required; roof only proposed) 2• That the above-mentioned waivers are hereby yzanted on the basis that the petitioner demonstrated that a hardship exists in that denial would deprive subject property of privileges being enjoyed by ~ther properties in the same zone and vicinity. #0325I PC82-207 ~" . Ow. . _ ., _ ~ . • ,.:-~Y: 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 tlie 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 18 persons indicated their presence at the November 1, 1982 public hearing in opposition; and that petitions were received in opposition to subject petition containing approximat~ly 74 signatures at the November 1, 1982 public hearing and that 7 persons indicated their presence at the November 15, 1982 public hearing in opposition, and that petitions were received iz opposition containing approximately 170 signatures at the November 15, 1982 public hearing. ENVIRONMENTAL I[~ACT FINDIIIG: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the RS-A-43,000 (Residential/Agricultural) 2one to the RM-1200 (Residential, Multiple-Family) Zone to construct a 272-unit apartment complex with waivers af maximum structural height, minimum floor area and required enclosure of carports on approximately 9.7 acres located south and west of the southwest corner of Lincoln Avenue and Rio Vista Street; and does hereby approve the Negative Declaration from the requirecient to prepare an environmental impact repart on the basis that there would be no significant individual or c:uaulative adverse environmental impact due to the approval of this Negative Aeclaration since the Anaheim General Plan designates tlie 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 3ndicates 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 we2fare of the Citizens of the City of Anaheim: 1. That this Variance is granted subject to the completion of Reclassification No. 82-83-9, now pAnding. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim m;:r.ked Revision No. 1 of Exhibit No. 1, and Exhibit Nos. 2 throug'~ 4. 3. That Condition No. 2, above-mention.:d, shall be complied with prior to final building and zoning inspections. -Z- PC82-207 drw~;;~a.;.,,.,_, .- . ~. , _.. ._. . . HE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's comnliance with each and all of the conditions hereinabove set forth. Should any such 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 signed and approved by me this 15th day of November, 1982. C I , AHEIM CITY P ING COMMISSION ATTEST: ~G~Q/4. ~! w .t . • SECRETARY, ~7PiHE2M CI:Y PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF OI2At3GE ) ss. CITY OF AIJ,4HEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foreqoing resolution was passed and adopted at a meeting of the Anaheim City Planning Comciission held on November 15, 1982, by the following vote of the members there of: AYES: COPIl~lISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, LA CLAIRE, MC BUP.NEY NOES: COMMISSIONERS: NONE ABSENT: COl~lISSIONERS: NONE IN WITNESS WHERr.OF, I have hereunto set my hand this 15th day of November, 1982. ~~(.C~.. /~ '~.f~L, ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION y~ '3 PC82-207 :' :9 ^= `:i . x