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PC 82-211~ RESOLUTION NO. PC82-211 ~,...~ A RESO'LUTION OF THE ANRIiEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIAD7CE NO. 3306 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from ALBERT BORCHARD & KENNETH L. LARSON, 5915 Buchard Avenue, Los Angeles, CA 90C34; and ROY W. MABEE, 2651 West Lincoln Avenue, Anaheim, CA 92801, owners, and GFELLER DEVELOPMENT COMPANY, INC., 228 West Main Street, Tustin, CA 92580, ATTN: BOB REESE, agent of certain real property situated in the City of Anaheim, County of Orange, State of California 3escribed as: THE SOUTH 815.00 FEET OF THE ?AST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP i2ECORDED II3 BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE EAST 15.00 FEET THEREOF. ALSO EXCEPTING THEREFROM THE SOUTH 40.00 FEET, AS DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED MARCH 5, 1966 IN BOOK 3424~ PAGE 186 OF OfiFICIAL RECORDS OF SAID OP.F.NGE COUNTY. THAT PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCEL'LANEOUS MAPS IN THE OFFICE OF THE COUNTY R~CORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POZNT IN THE SOUTH LINE OF SAID SECTION 12, SAID POINT BEING LOCATED 648.7Z FEET NOR?'H 89 DEGREE~ 4Z' 10" EAST FROM THE SOUTHWEST CORNER OF SAID SECTION 12, SAID POINT BEING ON THE WEST LINE OF THE EAST 15.00 FEET OF THE EAST ONE-HALF OF THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHF7EgT ONE-QUARTr^.R OF SECTION 12; THENCE NORTH 0 DEGREES 10' 49" WEST 815.00 FEET ALONG TAE SAID WEST LINE OF THE EAST 15.00 FEET TO A POINT IN A LINE PARALLEL WITH AND 815.00 FEET NORTHERLY FROM THE SOUTH LINE OF SAID SECTION 12; THENCE SOUTH 89 DEGREES 41' 10" WEST 316.93 FEET ALONG SAID PARAT•T•~, LINE TO A POINT IN THE WEST LINE OF THE EAST ONE-HALF OF THE WEST ONE-HALE OF THE SOUTHWEST ONE-QUARTER OF THE SOUTH47EST O:IE-QUARTER OF SAID SECTION 12; THENCE NORTH 0 DEGREES 11` i0" WEST 513.23 FEET ALONG THE W~ST LINE OF SAID EAST ONE-HALF CF THE WEST ONE-HALF TO A POINT IN THE NORTH LIrE AF THE SAID SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 12; THENCE NORTH 89 DEGREES 41' 20" EAST 661.98 EEET ALONG SAID NORTH LINE TO A PO.T.NT IN THE EAST LINE OF THE W£ST 330.00 FEET OF THE EAST ON~-HALF OF THE SOUTHWEST ONE-QUARTEIt OF THE SOUTHWEST ONE-QUARTER OF SAID SECTZON 12; THENCE SOUTH 0 DEGREES 10' 49" ERST 1328.23 FEET ALONG THE EAST LINE OF THE SAID WEST 330.40 FEET TO A POINT IN THE SOUTH LINE OF SAID SECTION 12; THENCE SOUTH 89 DEGREcS 41' 10" WEST 345.00 FEET ALONG SAID SOUTH LINE TO THE POINT OL' HEGINNINi~. #0357I PC82-211 ~~ EXCEPT THE SOUTH 40.00 FEET OF THE EAST 345.00 FErm THEREOF. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 1, 1982 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 November 29, 1982; and WHEREAS, said Commission, 3fter due inspection, investigation and study a~ade by itself and in its behalf, and af~er 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 639-unit condominiuat complex: (a) SECTION 18.01.130 - Required lot frontage (All lots reqnired to abut a public street or alley; six lots without frontage proposed) (b) SECTIONS 18.35.060 - Maximum structural height and 18.31.062.012 (One-story permitted within 150 feet of single-family residentialj two-stories proposed at 12-15 feet) (c) SECTIONS 18.35.060 - Minimwn floor area and 18.31.062.0322, (750 sq. ft. for one-bedroom units, .0323 and .0324 950 sq. ft. for two-bedroom units and 1,150 sq. ft. for three bed- room units requi.red; 680 sq. ft., 780 sq. ft. and 1,140 sq. ft. proposed) (d) SECTIONS 18.35.060 - Minimum landscaped setback and 18.31.063.024 (20 ft. required abutting single- family residential zoning; 0 to 12 feet prop~sed) (e) SECTIONS 18.35.060 - Minimum recreational-leisure area and 18.31.063.030 (1000 sq. ft. per dwelling unit required; 500 sq. ft. proposed (f) SECTIONS 18.35.060 - Minimum distance between buildings and 18.31.065.010 (16 ft. to 19 ft. required; 10 ft. to 15 ft. propoced) ii -z- Pca2-Zii I I s~;..J... ..,.:... , (g) SECTIONS 18.35.060 - Minimum number and type o£ and 18.31.066.010 parking spaces (1,598 spaces: '1,278 spaces enclosed in two car garages and 320 open spaces required; 1,475 spaces in common garage facilities, one-car qarayas, tandem, and open spaces proposed) z• That the above-mentioned waivers are hereby granted on the basis that the petitioner demonstrated that a hardshi,p exists in that any development of subject property can occur only after extra-ordinary site preparation is completed because the site was previously used as a landfill site and there will be extensive trash material removal. 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 approximately 60 interested persons indicated their pre~ence at said public hearing; and that no correspondence was received in apposition to subject oetition. ENVIRONMENTAL IhII~ACT FINDING: That after considering Environmental Impact Report No. 253 for the proposed Park Lincoln Condominiwn Project and reviewing evidence, both written and oral, presented to supplement Draft EIR No. 253, the Planning Commission finds that EIR 253 is in compliance with the California Environmental Quality Act and with the City and State EIR CEQA Guidelines; that potential environmental impacts can be reduced to an insl.gnificant level by conformance with ~ity Plans, policies, and ordinancest and, therefore, based upon such information, the Planning Commission certifies Environmental Impact Report No. 253. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Plannina Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prere~iisite to the pr.oposed use of the subject property in order to preserve the safaty and general welfare of the Citizens of the City of Anaheim: 1. That this Variance is granted subject to the completion of Reclassification No. 82-83-4, now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 2 of Exhibit Nos. 1 through 8. 3. That Condition No. 2, above-menLioned, shall be complied with prior to final building and zoning inspections. -3- t~ .W:.~.~ r HE IT FUP,THER RE30LVED that the Anaheim City Planning Commission 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 unenforceable by the final judgment of any court of competent jurisdiction, t3~en this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 29th day of November, 1982. CHAS . ~~~~~~7//~l~ ~ ... , ANAHEIM CITY PL~ING COMMISSION ATTEST: ~ ~J ~ /I I • SECRE'PARY, ANAFiEIM CITY PLANNING COt~II~lISSION STATE OF CALIFORNIA ) COUNTY OF ORANGF; ) ss. CITY OF ANAHEIM ) I. Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that rhe foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 29, 1982, by the following vote of the members there of: AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, LA CLAIRE, MC BURNEY NOES: COMMISSIONERS: NONE AHSENT: COMMISSIOI3ERS: NONE IN WITNESS WHERE~F, I have her.euato set my haad this 29t1i iay of November, 1982, l~l i ~ ~1 ,~ ~~e ~ ' SECRETARY, ANAAEIM CITY PLANNING COMMISSION -4- PC82-211 ~' ` .. _ . _ ~