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PC 79-225RESOlUTION t10. PC 79-225 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE FlO. 3120 BE GRANTED, Itl PAkT WHEREAS, the Anaheim City Plannin~ Cor.miission did receive a vertfled Petition for Variance from BROOY,HURST VILLAGE DEVELOPMENT CORPOP.AT10t1, N. V., 9858 Wilshire Boulevard, Beverly Hllls, California 90210, owncr, and STEVEN C, THOMAS, 9858 Wilshire Boulevard, Beverly Hilis, Lalifornia 90210, agent, or certaln real property situated in the CI[y of Anaheim, County of Orange, State of Californla described as: THAT PORTION OF THE NORTHWEST QUARTER, OF THE f~ORTN4lEST QUARTER ~F SECTION 20, TOWNSt11F 4 SOUTH; RAMGE 10 WEST, Ii~ THE 4AtJCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANCE, STATE OF CALIFORNIA, AS PER HAP RECORUED IN BOOK 51 PP.GE 10 OF MISCELLAN[OUS MAPS, IM THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, UESLRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE `aEST LINE Of THE NOP.THWEST QUARTER OF SECTION ZO SOUTH 942.60 FEET FROH THE NORTHWEST CORNER OF SAID SEC710N, SAID POINT BEIN6 NORTH 10.00 FEET FROM THE SOUTHWEST COR4ER OF TIfAT LERTAIN 14.46 ACRE PARCEL OF LAHD CONVEYED TO LUCY fRANCES BALL BY OEED RECORDED JUNE 16, 1897, IN BOOK 32 PAGE 68 OF DEEDS, RECORDS OF ORANGE COUNTY; THENCE NORTN 462.80 FEET ALONG SAID NEST LINE TO 74E NORTHIJEST CORNER OF SAID t4.46 ACRE PARCi.L Of LAND; TNEIICE EAST 1332.30 FEET ALONG THE NOP.TH LINE OF SAID PARCEI OF LAilD TO TNE 4lE5TERLY LINE OF KELLOGS HOMESTEAD TRACT A5 PER MAP RECORDED IN BOOK 8, PAGE 51 OF SAID MISCELLANEdUS MAPS; THEIJCE SOUTN 222.80 FEET ALONG THE UESTERLY LINE OF SAID KELLOGS HOMESTEAD TRACT TO THE NORTHERLY LINE OF THE LAND DESCftIBED IN THE DEED TO NILNOLAS J. STEHLY ANO WIFE RECORDED AUGUST fi, 1965 IN 800K 7622 PAGE 47, OFFICIAL RECORbS. TNENCE WEST 550.9~ FEET ALONG THE NORTH LINE OF SAlD LAND TO STEHLY TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 240.00 FEET ALONG THE 41EST LINE OF SAID AND TO STEH:Y TO A POINT NORTH 10.00 FEET fROM THE SOUTH LINE OF TNE HEREINBEFORE MENTIONEC 14.46 ACRE PARCEL OF LAND; THENCE WEST 780.66 FEET PARALLEL WITH SAID SOUTH LINE TO THE POIt1T OF BEGINNING. NHEREAS, the City Planning Comrnisston did hold a pubiic hearing at the City Hall in the Clty of Anafiefm on October 22, 1979, at 1:3d p.m., no[ice of said public hearTng having been duly given as r~qutred by law and in accordance with the provtsions of the Anaheim Munictpai Code, Chapter 18.03, to hsar and consider evidence for and agatnst said proposed varlance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commisston, after due inspectlon, investiga[lon 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 tfie following facts: PC79-225 1. That the petttloner proposes watvers of the following to convert an existing 228-unit apartment complex fnto 228 condomintum units: (a~ SECTION 12.31.060.012 - Ninimum buildi~stte area per dwellin untt. (3000 5 uare ~eet required; 173 square eet proposed) (b) SECTION 16.31.062.Oi2 - Maximum buildtn het ht. One story perm tte w thin 150 feet o~ one=~amily residential zoning; two storles existing) (c) SECTION 18.31.062.020 - Maxfmum s(te covera e. 0 permitted; +~ extsting) (dj SECTION 18.31.062.030 - Minimum floor area. 956 square eet required; g33 souare eet existing) (e) SECTiON 18.31.Ob3.024 - Mlnimum setback abuttin sin le-famil res dentlal develo ments. 0 eet requ re ; 0-15 eet exfsting} (f) SECTION 18.31.063.030 - Htntmum recreationai-leisure area. 1200 s uare eet required; 7 square ee[ proposed) (g) SECTION 18.31.065.011 - M)n(mum distance between butidln s, Z15 to 2 eet requ red; 11 to 20 eot extstfng) (h) SECTtON 12.3T.065,03b - Rc u(red bulldin orientation, Sound attenuat on and v aw screen)nn re u re w on ac n arter a hi hwa s; none ex st ng (f) SECTION 18.3i,066.010 - Minimum number and t e of arkfnq spaces. 9 s aces requ re w th 5 enc osed in a garage; 3~ spaces exTsting wtth 232 covered with a carport) (J) SECTION 18.31.066.030 - Mlnimum distance to arkinq s aces. 100 eet requ re rom we ings; 130~t proposed) 2. That the above-mentloned waTvers (a)~ (b), (c), (d), (e)~ (f)~ (y~~ ~h~~ ~~d (J) are hereby granted, as proposed. -2- PC79-225 3. That walver (i) ts hereby gran[ed, In part, req:~iring a mTnimum of 417 parking spaces rather than 386, as proposed, on the basls that the petitioner stipulated at the public hearing to provlding 31 addltto~al parking spaces. 4. That all subJect waivers arc granted on the basis that the Anaheim City Planning Commission and City Councll will be consldering a new condominium conv~rsion ordtnance which, if adopted, would allow certain site development waivers (simtlar to those proposed herein) for proJects whlch meet certain criterla, i.e.. havln9 an agreernent wlth the Anaheim Community Nousina Authority se[tt~g aside a certain percentage of units for low and moderate income housing. 5. That there are exceptional or e~traordinary ctrcumstances or conditTons applicable to the property involved or to the incended use of the prooer[y that do not apply generally to the property or class of use in [he same victnity and zone. 6. That the requested variance, as granted~ is necessary for the preservation and en;oymeni of a subscantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 7. That the requested variance, as granted, will not be materially detrimental to the pubiic ti~elfare or inJurious to [he property or improvements in such vicinity and zone in which the property is located. 8. That 4 persons indicated their presence at said public hearlna In opposition; and it persons indica[ed their presence at said public hearing suopor[ing subject request; and that no correspondence was recefved in oppos(tion to the subject petition. ENVIRONMENTAL IMPACT fINDINf,; That thc Anaheim City Planning Cormtssion has reviewed the praposa to convert an existing 228-unit apartment complex tnto 228 condominfum u~its wtth waivers of minimum building sttc arca per dwelltng unit, naximum building height, maximum site coverage, minfmum floor area, mtnimum setback abutttng stngle-family resldential developments, mintmu~ recreatlonal-lelsurc area, mintmum dista~ce between buildings, required ortentation of butldln9s, minimum number and type of parking spaces and minimum distance to parking spaces on an Irregularly- shaped parcel of land consisting of approximately 10.3 acres having a frontage of approximately 463 feet on the east side of Broo~hurst Street, having a maximum depth of approximately 1242 feet, being located approximately tf80 fee[ south of the centerline of Ball Road; and dces hereby approve the Negative Declaratlo~ from the requirement to prepare an environmenta) tmpact report on the basis that there would be no signiflcant indtvidual or cumulattve adverse environmental impact due to the approval of this Negattve Declaration since the Anaheim General Plan desianates ihe subject property for medlum-density residential land uses commensurate wtth the proposal; that no sensitive environmental impacts are involved in the proposal; that t~e Iniilal Study submtLted by the petitToner indicates no stgnificant indivtdual or cumulative adverse environme~Lal lmpacts; and that the Negattve DeclaratTon substan[iating the foregotng findings is on file in the C(ty of Rnaheim Planning Department. -3- Pc79-225 tJOW, THEREFORE~ BE IT RESOI.VED that the Anaheim City Planntng Lommisston does hereby grant, in part, subject Petition for Variance, upon the following conditlons which are hereby found [o be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety a~d general welfare of the Citizens of [he City of Anaheim: i. That every dwelling unit shall be p~ovidcd Nith an approved smoke detector, permanentiy wired and located as recortmended by the manufacturer and Sectlon 1310 of the Uniform Building Code. 2, That subJect property shall be developed substan[ta11Y in accordance with plans and specifications on file riTth the City of Anaheim marked Exhibit Nos. 1 through 5: Provided, however, 31 additional par~ing spaces shall be provided. 3. Prior to the sale of any unit, the applicant shail present evidence satisfactory to the Chief Building Inspector tha[ the unit is in conformance with the Noise Insulatton Standards speclfled in the California Administrative Lode, Title 25, Chapttr 1, Subchapcer 1, Article ~. 4, That Conditlon Nos. i, 2 and 3, above-mentianed, shall be complied with prior to finat butlding and zoning inspec[fons. 5. That prior to the occupancy of any unit, the appiicant shall present satis`actory evidence to thc Lhief Building lnsnector that the unit has been i~spected and approved by Lhe Anaheim Community Devetopment Department. EE IT fURTHER RESOLVED that the Anaheln CTty Planning Comm(ssion dces hereby find and determine that adoption of this Resolution is expressly predlcated upon applicant's compliance Nith each and atl of the conditions heretnabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final 3udgment of any court of competent jurisdiction. [hen thts Resolutlon~ and any approvals herefn contained, shall be deemed null and vold. THE FOREGOlMG RESOLUTION is signed a~d aoproved by me this 14Ch day of hovember, i?79• ~ ~~~ ~ CNAiRHAI~. ANAHE}TN CITY PLANNING LOMHISSION ATTEST: Gt~ •~° ~G.,,~,~. SECr~.ETAP.Y~ ANAHEIM CITY PLANNING COMMISSION -4- Pt79-225 -. ~.i STATE OF CALIFORt~IA ) COUNTY OF ORANGE ) ss. CITY OF A4AHEIM ) i, Edith L. tiarris, Secretary of the Anahelm City Planntng Commisslon~ do hereby certify that the foregotng resolution was passed and adop[ed at a mecttng of the Anahetm City Planning CanmissTon held on November 19, 1979, by the following vote oE the members thereof: AYES: COHMISSIONERS; BARt~ES, QAVID, FfiY. HERBST~ KING, TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUSHORE ~979. IN W17NE55 WHEREOF, I have hereunto set my hand this 19th day of Novanber~ ~,c~c~ .z? ~.w. SECRETAR . ANAHEIM CITY PLAN~JING COMMiS510N I . -5- PC79-2z5