PC 83-103. n.~,~ / „~
RESOLUTION NO. PC83-103
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITICIN FOR VARIANC~ NO. 3336 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from LIDO LANE PROPERTIES, INC., ET AL., 361 Los Altos
AvenuE, Long Beach, California 90814, owner and DAVID W. CORNISH, 14804
Rayfield Drive, La Mirada, California 90638, agent of certain real property
situated in the City of Anaheim, County of Orange, State of California,
described as follows:
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on May 16, 1983, 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;
sai~ public hearing having been continued to the Planning ~ommission meeting
of June 1, 1983; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of aIl
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 12-unit affordab].e condominium complex:
(a) SECTION ;8.01.130 - Required lot frontaqe
(All lots reauired to front on a
public street or a11eY;
private street frontage proposed)
(b) SECTION 18.31.06Z.012 - Minimum lot area per dwellina unit
(3000 sa. ft. cequired; 2735 sq. ft.
proposed)
(c) SECTION 18.31.063.022 - Minimum sidevard setback
(d) SECT:[ON 18.31.063.030 - Minimum recreational/leisure area
(1000 sq, ft. per unit required;
710 sq. ft. proposed)
2. That the above-mentioned waivers (a) and (d) are hereby granted
on the basis that a hardship ~xists in that subject property differs from
other property in the same zone and vicinity as to size, shape, topography,
location or surrounding~ and denial would deprive this property of privileges
enjoyed by other properties in the same zone and vicinity.
3. That the above-mfantioned (b) is hereby granted on the basis that
the developer has agreed to enter into an agreement with the City of Anaheim
pursuant to Government Code Section 65915 to provide that twenty-five per.cent
(258) of the residential units shall be sold as low or moderate income housing
as defined in Government Code Section 65915 and with appropriate resale
controls as approved by the City of Anaheim.
#0651I PC83-103
e~,,.. : .. .
4. That the above-mentioned waiver (c) is hereby denied on the
basis that revised plans submitted subsequent to advertisement eliminated the
need for said waiver.
5• 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 appiy generally to the property or class of use in the
same vicinil•y and zone.
6• 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 de~ied to the property in questiot~.
7. That the requested variance will not be materially detrimental
to the public welfare or injurious to the property or improvements in suc;~
vicinity and zone in which the property is located.
B• That no one indicated their presence at said public hearing in
opposition; and that no correspundence was received in opposition to subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Plannino,
Commission has reviewed the proposal to reclassify subject property from the
CL (Commercial, Limited) 2one to tha RM-3000 (Resideztial, Multiple-Family)
Zone to construct a 12-unit affordable condominium complex with waivers of
required lot frontage, minimum lot area per dwelling unit and minimum
recreational/leisiire area on a rectangularly-shaped parcel of land consisting
of approximately 0.75 acres, having a frontage of approximately 118 feet on
the south side of Ball Road, approximately 530 feet west of the centerline of
Beach Boulevard and further described as 3040 West Ball Road; and does hereby
approve the Negative Declaration Erom 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 low-medium density residential and general commercial
land uses commensurate with the proposal; that no sensitive environmental
impacts are involved in the proposal; that the Znitial Study submitted by the
petitioner indicates no significant individual or cumulative adverse
environmental impacts; and that the Neqative Declaration substantiating the
foregoing findings is on file in the City of Anaheim Planning Department.
NOW, T9EREFORE, BE IT RESOLVED that the Aaaheim City Planning
Commission does hereby grant subject Petition foc Variance, upon the following
conditions which are hereby found to be a necessary 2rerequisite 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. 82-g3-31, noo; pending.
2. That subject property shall be ~e!~~loped substantially in accordance
witl~i plans and specificatior.s on file with the City of Anaheim marked
Revision Nc. 1 of Exhibit Nos. 1 through 3.
3. That prior to final building and zoning i~spections, Condition No. 2,
above-mentioned, shall be complied with.
-2 PC83-103
--~
4. That prior to issuance of building permits, the developer shall enter
into an agreement with the City of Anaheim pursuant to Government
Code Section 65915 to provide that twenty-five petcent (25~) of the
residential units shall be sold as low or moderate income housing as
defined in Government Code Section 65915 and with appropriate resale
controls as approved by the City of Anaheim.
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 £orth. :hould 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 be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this lst day of
June, 1983.
~~~~~~~~~~
HA RMAN, ANAHEIM CIT LANNING COMMISSION
ATTEST:
~
_ ~~ ,,z°_ ~ .~ ,,,.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUP7TY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Eiarri„ Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution was passed and
adopted at a meetiny of cne Ananeim City Plannin9 Commission held on June 1,
1983, by the following vote of the members there of:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, KING, LA CLAIRE~ MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HERBST
IN WITNESS WHEREOF, I have hereunto set my hand t.nis lst day of June,
1983.
~j~ ~/
~ v d ~ .?'~.'t~lil.c..~
SECRETAR'_', ANAHEIDI CITY PLANNIN6 COMMISSION
-3- PC63-103