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PC 75-62~' r • ~ ~ RESOLUTION rio. Pc75-6~ A RESOLUT ION OF THE C ITY PLANN ING COMM I SS I OPJ Or ~ iiE C I iY OF l~PJAHE 111 THAT ~'ETITION FOR VARIANCE W0. 2684 BE GRANTFD Ita PART. WHERFAS, the City Planning Commission of the Ciey ~,r Anaheim did recei~~~ -, verified Petition for Variance from BERWOOD CORPORATION, et al, P. 0. Box 30F~~ Arcadia, California 91006 (Ovmer); NELSON/COVINGTON L'OM~~~JY, F, 0. Box 10262. Santa P.na, California 92711 (Agent) of certain real nro,r,:~rty situated in th~ City o•~ Anaheim, County of Orange, State of Californi~, ~fescribed as: THE WEST HALF OF LOT 10 OF HELEtJ AND LYNCH SUBDIVISiON, OF THE WEST HALF OF SECTION 15, TOb1NSHIP 4 SOI.1TFl, RA~GE 10 WEST, OF ThIE SAN 6ERNARDINO MERIDIAPI, AS PER MAP RECORDED IN BOOK 442 PAGE 15S OF DEEDS, RECORDS OF LOS ANGEI_FS COU`:'` CALIfORNIA. THE EAST HALF OF LOT 10 AND THE WEST HALF OF LOT 9 OF HELEN 6 LYNCH'S SUBDIUI;i~t7, AS PER MAP RECORDED IN BOOY. 4~+2 FAGE 158 OF DEEDS, IP1 THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA. THE EAST HALF OF LOT 9 Of HELEN AND LYNCH'S ADDITI011 TO ANAHEIM, AS PER MAP RECORDED IN BOOK 442 PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFOPNIA. ExCEPT A STRIP 30 FEET WIDE ALONG THE EAST LINE. AL50 A PORTION OF LOT 9 DESCRIBED AS FOLLOWS: BE6INNING AT THE NORTHEAST CORNER Of SAID LOT 9; THE~lCE SOUTH 88° 5~' ~~Z" !~~~'i '~°.~~ FEET ALONG THE NORTH LINE OF SAID LOT 9 TO TH[ TRUE POINT OF DEGINNING• THFNC.i: SOUTH 0~ 10' 08" EFST 142.41 FEET ALONG A LINE PARALLEL TO THE EAST LINE OF LOT 9; THENCE NORTH 88° 54' 42" EAST 73.63 FEET~ THENCE SOUTH 0° 10' O8" EAST 91.61 FEET TO A POINT OPJ A CLRVE CONCAVE SOUTHWESTERLY FOR A RADIUS Of 45.00 FEET; TH~PICE SOUT;IEASTERLY ALONG SAID CURVE FROM A TANGENT BEARING SOUTH 70° 10' 12" EAST A'! ARC DISTANCE Of 81.33 FEET TO A REVERSE GURVE HAVING A RADIUS Of 45.00 FEET, f; RADIAL FROM THIS POINT HAVlNG A BEARING OF NORTH 56° 36' 42" WEST; THENCE SOUTHERLY 10.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13° 0~+' 12"; THENCE NORTH $g° OZ' 14" EAST 118.24 FEET TO 7NE WEST LINE OF THE EAST 3~.00 FEET OF SAII~ LOT 9; THENCE A~ONG SAID WEST LINE NORTH 0° 10~ 08" WEST 310.84 FFET TO THE NORr!! LINE OF SAID LOT 9; THENCE ALONG SAID NORTH LINE SOUTH 88° 54' 42" WEST 209.~~E~ FEET TO THE TRUE POINT OF BEGINNING; and WHEREAS, the City Planning Commission did hold a public hearing at the Cir~~ Hall in the City of Anaheim on March 17, 1975, at 1;30 p.m., ~otice of said public hearing having been d~ly given as required by law and in accordance with thr_ pro- visions of the Anaheim Municipal Code, Chapter 16.03, to hear and consider 2vidence for and against sa~d proposed variance and to investigate ind make f~ndings ar~d recomm«~ndatier.s in connection Cherewith; and Wt1EREA5, said Commission, after due inspectior~, investigation, and study made by itself and in its behalf, and after due consideration oF all evider.ce and repnrts offered at said hearing, does find and determine the following facts; 1. That the petitioner requests the following waivers from the Anaheim Municipal Code, to construct a 390-unit apartment compiex: a. SECTION 18.34.062.012 - Ma>:imum buildinq heiqht. (One story required within 150 feet of RS-A-43,000 Zone; two • stories prop.~sed) b. SECTION 18.34.062.032 - Minimum floor area. (700 square feet per unit required; 518 square feet proposed) c. SECTION 18.34.063.011 - Minimum front setback. d. SELTiON 18.34.065.011 - Minimum distance between buildir.qs. (16. 24, 28, 29 and 30 feet required; 10, 10, 24, 21, and feet proposed, respectively) e. SECTION 18.34.066.030 - Re4~ired enclosure of carports. (390 spaces required to be enclcsed on three sides; 212 spaces proposed) RESOLUTION N0. PCiS-62 ~ ' ~ ~ 2. ThaC Waiver 1-a, above-mentioned, is hereby g~t~~ted to permit tvio- story d~aellings wiihin the 150-foot setback of the RS-F-43,000 Zone to the nor~h- cast of the subject property, said waiver being 9ranted on the basis it is prob- able that said ad'+acent property will develop r~ith a multiple-family residential use. 3, That Waiver 1-b, above-mentioned, is hereby granted for ~ minimum lloor area of 518 square feet, as proposed, on the basis that the Planning Commission has previously granted said waiver for bachelor units, not to exceed 25% of the total number of apartment units. 4. That Waiver 1-c, above-mentioned, was eliminated by the re-submittal of plans and, theref~re, withdrawn by the peYitioncr. 5. That Waiver I-d, above-mentioned, is hereby granted in part, waiving the minimum distance betv~een buildin95 in approximately 17 instances where the configuration might be interpreted as a stairwell, and the petitioner stipulaCed that the other approximately 6 instances, which are primarily located along the southerly boundary of the development, will be constructed in compliance with the requirements of the RM-1200 Zone. 6. That Waiver 1-e, above-mentioned, is hereby granted to permit 178 carport spaces to be partially enclosed on each of three sides, to allow for visibiliCy through said carports; provided, however, that the required 100 cubic feet of general storage space shall be available to each d~~ielling unit and that the pctitioner shall submit detailed plans for said carports and storage units to the Development Services Department for review and approval prior to the issuance of a building permit. ' 7. That the petitioner indicated that they did nol contemplate conversion of the proposed apartment complex to condominiums. 8. That there are exceptional or extraordinary circumstances or condition~ applicable to the property involved,or to the intended use of the property thaL do not anply generally to the property or class of use in the same vicinity and zone. 9. That the requested variance is necessary for the preservation and ~~n- joyment of a substantial property right posses;ed by other property in t:he sone vir.init~~ and zone, and denied to the property in question. 10. That the requested variance will not Lc materially detrimental to the public o-ielfare or injurious Co L•he property or improv^ments in such vicinity and zonc in which the property is located. 11. That no one indicated their p~esence at said public hearing in opposition, and no correspondence was received in opposition to subJect petition. ENVIRONI1EPlTAI IMPACT REPORT FINDING: That on December 3~, 1974~ the City Council certified Environmentat Impact Report No. i37 for development of the subject property wich an apartment complex consistin9 of 420 units, and the subject proposal is for 390 units; therefore, the Planning Canmission determined that further review of the environmental impact is not necessary. NOW, THEREFORE, BE IT RESOLIIE~ t:hat the Anaheim City Planning Commission does he-eby g'~nt, in part, ~ubject ~eti•tion for V~riance, upon the following conditions wnir„7 ,:r2 hereby f~una to bc a n~cessary prere~uisite to the proposed use of the su~ject property in order to preserve the safety and yeneral welfare rf thc Citizens of the City of Anaheim: 1, That the owner(s) of subject property sha11 deed to the City of An~hcim a stYip af land 48 feet in width from Che centerline of the street along [3roa~iainy and n strip of land 48 feet in width from Che centerline of the street along Loara Street for street widening purposes; and in accordance with exhibits approved in connection with Arra Development Plan iJo. 116. 2. That all engineering requirements of the City of Anaheim along Broauaiay and Loara Street, including preparation of improvement plans and insCallation ot` all improvements such as curbs and gutters, sidewaiks, street grading and pa~~ing, drainage faciiities, or other appurtenant work, shall be complied with as required by the City Engineer and in accordance with standard plars and specifications on file in the office of the City Engineer; that street lighting faciliCies ~long Groadwa~~ and Loara Street shall be installed as required by the Director of Aublir. Utilities and in accordance a~ith standard plans and specifications on file in t:he office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted orith the City to g~iarantee the installation of the above-mentioned requirements. _2_ RESOLUTI6N N0. PC7$-62 _ ' ~ ~ 3, That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60~ per front foot along Broadway and Loara Street for tree planting purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Pubiic Works. 5. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to co~nencement of structural framing. 6. That sub~ect property shall be served by underground utilities. 7. That a;ix-foot masonry wall shall be constructed along the south and east property ~ines. 8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 9, That the owner(s) of subject pruperty shall pay to the ~ity of Anaheim the appropriate park and recreation in-lieu fees as de:ermined to be appropri- ate by the City Council, said fees to be paid at the time the building permit is issued. 10. That appropriate water assessmPnt fees as determined by the Director of Public Utilities shall be paid to the City of Anaheim prior to the issuance of a buildin9 permit. 11, That this Variance is granted subJecY. to the completion of Reclassification No. 71-72-18, now pending. 12, That detailed plans shall be submitted to the Development Services Department for review and approval of the carports which are to be partially enclosed on each of three sides and showing the means by which the required 100 cubic feet of general storage space for each dwelling unit wiil be provided, prior to the issuance of a building permit. 13, 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 6. 14. That Cond'+tion Nos. 1, 2, 3 and 11, above-mentioned, shall be compiied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Canmission or City Council may grant. 15, That Condition Nos. 4, 6. 7, 8 and 13, above-mentioned, shall be complied with prior to final building and zoning inspections. THE FOREGOING RESOLUTION is signed and approved by me this i,~th d~ay c~f March, 1975. ~ - ~_~. CHAIRMA PRO TEMP P.E ~ ANAHEIM CITY PLANNING CCMM15510h ATTEST: ~J~/~ ~ S~CRETARY, ANAHEIM CITY PLANNING COMMISSION -3- RESOLUTION N0. PL75-62 ' ~ ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) i, Patricia B. Scanlan, Secretary of the City Planning Commission of the Ci:y of Anaheim, do hereby certify that the foregoi~g resolution was passed and adopted at a meeting of the City Planning Commission of the City of Anaheim, held on March ~7, 1975, at 1:3~ p.m., by the following vote of the members thereof: AYES: COMMISSIONERS: GAUER, JOHNSON, M1~lG, MORLEY, TOLAR, FARANO NUES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HERBST IN WITNE55 WHEREOF, I have hereunto set my hand this 17th day of March, 1975. ~ ~ ~ ~ ~~ SECRETARY. ANAHEIM CITY LANNING COMMISSION RESOLUTION N0. PC75-62