PC 80-13RESOLUTION NO. PC80 -13
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3127 BE GRANTED.
WHEREAS, the Anaheim City Planning Commission did receive a verified
petition for Variance from TERRY KEITH POCOCK. 1735 West Katella Avenue, Orange,
California 92667 and CITY OF ANAHEIM, 204 East Lincoln Avenue, Anaheim, California
92805, owners, and MICHAEL T. COLLINS AND JOHN J. KOGLER, 1407 N. Bristol Street,
Suite 245, Newport Beach, California 92660, agents, of certain real property situated
in the City of Anaheim, County of Orange, State of California, descrihed as follows:
That portion of Lot 28 of "Anaheim Extension ", as shown on a Map
of Survey made by Wm. Hamel on file in the office of the County
Recorder of Los Angeles County, California, descrihed as follows:
Beginning at a point on the Westerly line of said Lot 29, said
point being South 15 deg. 33' 25" East 562.00 feet from the
Northwesterly corner of said Lot 28; thence continuing along said
Westerly line South 15 deg. 38' 25" East 225.41 feet; thence South
70 deg. 51' 19" East 127.87 feet; thence South 85 deg. 23' 32"
East 66.45 feet to the Westerly prolongation of that certain
course in the deed to the City of Anaheim, recorded April lh, 1977
in Book 12147, Page 226 of Official Records of Orange County,
California, having a bearing of South 35 deg. 58' 53" West and a
length of 224.77 feet; thence along said Westerly prolongation
North 85 deg. 58' 53" East 150.59 feet to the Westerly terminus of
said course; thence along the Southwesterly line of said deed to
the City of Anaheim North 71 deg. 11' 28" West 166.55 feet and
North 46 deg. 31' 21" West 299.88 feet to a line parallel with the
Northerly line of said Lot 23 that passes through the point of
beginning; thence along said parallel line South 74 deg. 26' 40"
West 23.66 feet to the point of beginning; and
That portion of Lot 28 of Anaheim Extension, as shown on a Map of
Survey made by William Hamel, filed in book 3, pages 163 to 165,
inclusive of Miscellaneous Records, in the office of the County
Recorder of Los Angeles County, California, and that portion of
the Easterly half of Citron Street as shown on said Map vacated by
Order of the Board of Supervisors of the County of Orange on May
7, 1913, descrihed as follows: Beginning at a point in the
Easterly line of the land descrihed in the deed to the State of
California (1100) recorded in hook 2680, page 240 of Official
Records, in the office of the County Recorder of said County of
Orange, distant thereon South 16 degrees 47' 10" East, 452.nn feet
from the Northerly terminus of said line; thence North 78 degrees
04' 54" West, 30.51 feet; thence North 45 degrees 24' 33" West,
17.24 feet; thence North 19 degrees 55' 46" West 32.53 feet to a
tangent curve concave Southwesterly having a radius of 149.00
feet; thence along said curve Northwesterly through an angle of 74
degrees 05' 21 ", an arc distance of 192.67 feet; thence South 85
degrees 58' 53" West, 224.77 feet' thence North 71 degrees 11' 23"
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West, 166.55 feet; thence North 46 degrees 31' 21" West, 299.88
feet to the Northerly line of that certain parcel of land
described in deed (1097) to the State of California recorded in
book 2789, page 445 of Official Records, in last said office;
thence along said Northerly line North 74 degrees 26' 40" East,
355.09 feet to the Easterly line of the land described in said
deed recorded in book 2789, page 445; thence along last said
Easterly line, South 15 degrees 37' 30" East, 190.06 feet to the
Northwesterly corner of that certain 10.29 acre parcel of land
described in deed recorded in book 258, page 332 of Deeds, in last
said office; thence along the Northerly line of said certain
parcel North 74 degrees 27' 35" East, 307.69 feet to said Easterly
line of the land described in said deed recorded in book 2680,
page 240; thence along last said Easterly line South 16 degrees
47' 10" East, 452.00 feet to the point of beginning.
WHEREAS, the City Planning Commission did hold a public hearing at
the City Hall in the City of Anaheim on January 14, 1980, 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; 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 an 86 - unit condominium complex:
(a) SECTION 18.31.061.012 - Minimum building site area per dwelling unit.
(3000 square feet required;
1794 square feet proposed)
(b) SECTION 18.31.062.012 - Maximum building height.
(one story permitted within 150 feet
of RS- A- 43,000 zoning;
2 and 3 stories proposed)
(c) SECTION 18.31.062.020 - Maximum site coverage.
(40% permitted;
775% proposed)
(d) SECTION 18.31.062.0322 - Minimum floor area.
(950 square feet required for 2- bedroom units;
884 square feet proposed)
(e) SECTION 13.31.063.031 - Minimum recreational leisure area.
(1000 square feet required per unit;
782 square feet proposed)
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PC80 -13
(f) SECTION 18.31.066.010 - Minimum number of parking spaces.
(301 spaces (172 enclosed in garage) required;
218 spaces (86 enclosed in carports) proposed)
(g) SECTION 18.31.066.030 - Required parking space location.
(Maximum 100 feet from unit permitted;
(160 feet proposed)
(h) SECTION 18.31.063.023 - Minimum structural setback.
(5 feet required;
none proposed)
2. That the above - mentioned waivers are hereby granted on the basis that
the petitioner demonstrated that a hardship exists due to the unusual shape of the
property; that abutting parcels, although zoned RS- A- 43,000
(Residential /Agricultural) are developed with commercial uses and designated for
commercial- recreational uses by the Anaheim General Plan; and that the proposed
development will comply with the intent of Government Code Section 65915 in providing
low and moderate income housing in the City of Anaheim.
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 one person indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition..
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to reclassify subject property from the RS -A- 43,000
(Residential /Agricultural) Zone to the RM -3000 (Residential, Multiple- Family) Zone to
construct an 86 -unit condominium complex with waivers of minimum building site area
per dwelling unit, maximum building height, maximum site coverage, minimum floor
area, minimum recreational-leisure area, minimum number of parking spaces, required
parking space location, and structural setback on an irregularly- shaped parcel of
land consisting of approximately 4.49 acres located at the southerly terminus of
Citron Street approximately 560 feet south of Vermont Avenue, having a frontage of
approximately 370 feet on the south side of the public alley and a maximum depth of
approximately 480 feet; and does hereby approve the Negative Declaration from the
requirement to prepare an environmental impact report on the basis that there would
be no significant individual or cumulative adverse environmental impact due to the
approval of this Negative Declaration since the Anaheim General Plan designates the
subject property for commercial recreation land uses commensurate with the proposal;
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that no sensitive environmental impacts are involved in the proposal; that the
Initial Study submitted by the petitioner indicates 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 welfare of the Citizens of the
City of Anaheim:
1. That this Variance is granted subject to the completion of
Reclassification No. 79- 80 -22, now pending.
2. 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 3.
BE 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 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, then this Resolution,
and any approvals herein contained, shall he deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 14th day of
January, 1980.
ATTEST:
l� (Let d • �a�tn
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
1, 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 January 14, 1930, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, DAVID, FRY, HERBST, KING, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUSHORE
1980.
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of January,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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