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PC 82-72,-. RESOLUTION N0. PC82-72 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION N0. PC79-225 GRANTED IN CONNECTlON WITH VARIANCE N0. 3120 WHEREAS, on November 19, 1979, the Anaheim City Planning Commission granted Variance No. 3120 by Resolution No. Pc79-z25 to permit conversion of an existing 228- unit apartment complex into 22$ condo~ninium units with several waivers, including waiver (i) pertaining to the minimum number and type of parking spaces, on approxi- mately 10.3 acres, having a frontage of approximately 463 feet on the east side of Brookhurst Street, being located approximately 480 feet south of the centerline of Ball Road and further described as 1250 South Brookhurst Street (Brookhurst Village); and WHEREAS, the requested waiver (i) was granted, in part, specifically requiring a minimum of 417 parking spaces ratFier than 386 as proposed, on the basis that the petitioner stipulated at the public hearing to providing an additional 31 parking spaces; and furthermore, waiver was granted on the basis that a new condominium conversion ordinance or policy might be adopted which would allow certain site develop- ment waivers, similar to those requested, for projects which meet certain criteria such as having an agreement with the Anaheim Community Housing Authority to retain 25-percent of the residential units for lo~o and moderate income housing; and WHEREAS, subsequent to the aforementioned approval, petitioner determined that in order to provide necessary amenities, the number of parking spaces previously stipulated to and approved must be reduced and, therefore petitioner requested an amendment to waiver (i) as folloa~s: (i) SECTION 18.31.066.010 - Minimum number and t e of arkin s aces. 79 spaces required with 5 enclosed in a garage; 408 spaces proposed with 232 spaces in a carport and 43 "small car" opert spaces proposed). WHEREAS, the City Planning Comnission did hold a public hearing at the Civic Cente~, in the City of Anaheim on April lg, 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 amendment to the variance and to investigate and make findings and recommendations in connection therewith; 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 fact; 1. That the requested amendment to the previously-approved Code waiver pertaining to minimum number and type of parking spaces is granted to allow a total of 408 parking spaces with 176 open spaces (43 being restricted to "small cars) on the basis that tha request is minimal in comparison to the previous approval and that evidence previously presented has shown that many vehicles currently in use are designated as "small cars". ENVIRONMENTAL IMPACT REPORT FINDING: A Negative Declaration was previously approved by the Planning Commission in connection ~vith this variance on November 19, 1979• PC82-72 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: l. The seller shall provide the purchaser of each condominium unit with written information concerning Anaheim Municipal Code 14.32.500 pertaining to "parking restricted to facilitate street sweeping". Such written information will clearly indicate when on-street parking is prohibited and the penalty for violation. 2. "No parking for street sweeping" signs shall be installed, as required by the Public Works Executive Director in accordance with specifications on file with the Street Maintenance Division. 3. That street lighting facilities along Brookhurst Street shall be installed as required by the Office of the Utilities General Manager in accordance with speci- fications on file in the Office of Utilities General Manager. 4. That the proposed security gates shall be sequentially controlied and shall be located a minimum of forty (40) feet firom the back of the sidewalks on Brookhurst Street and Empire Street as required by the Public W~rks Director. 5. That all "small car" parking spaces shall be clearly delineated, as required by the City Traffic Engineer. 6. That subject property shall bz developed substantially in accordance with plans and specifications on file with the City of Anaheim inarked Revision No. 1 of Exhibit No. l. 7. That condition Nos. ', 2, 3, 4~ 5 and 6, above-mentioned, shall be completed prior to the occupancy of the units as condominiums. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find ard dete~mine that adoption of this Resolution is expressly predicated upon applicant's compliance w;th 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, ~hen this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 19th day of April, 1g82. . ~ C4 RMAN P .0 TEMPO ANAHEIM CITY PLAN NG COMMISSION ATTLST: (9 d~t-t~. .G ~ t~i~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION PC82-72 i. F~ .^\ /~ 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 April 19, 1982, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, FRY, HERBST, KING, MC BURNEY VOES: COMMISSIONERS: NONE ABSENT: GOMMISSIONERS: BARNES, BUSHORE IN WITNESS WHEREOF, I have hereunto set my F~and this 19th day of April, 1982. `~~..~.~ z~ ;~1~:- SECRETARY, ANAHEIM ClTY PLANNING COMMISSION u . ~ . PC82-72 iit