Resolution-PC 2002-71.
RESOLUTION NO. PC2002-71
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2002-04497 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of California
described as:
PARCEL 1: LOTS 1 AND 1-A, 70GETHER WITH AN UNDIVIDED 1/17T" INTEREST IN
AND TO LOTS 18-A, 18-B, 18-C, 18-D AND 18-E OF TRACT 3691, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 170, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 3: LOTS 2 AND 2-A, TOGETHER WITH AN UNDIVIDED 1/17T" INTEREST IN
AND TO LOTS 18-A, 18-B, 18-C, 18-D AND 18-E OF TRACT 3691, AS PER MAP
RECORDED IN BOOK 170, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 5: LOTS 3 AND 3-A, TOGETHER WITH AN UNDIVIDED 1/17T" INTEREST IN
AND TO LOTS 18-A, 18-B, 18-C, 18-D AND 18-E OF TRACT 3691, AS PER MAP
RECORDED IN BOOK 170, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE
__. .OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 7: LOTS 4 AND 4-A TOGETHER WITH AN UNDIVIDED 1/17T" INTEREST IN
AND TO LOTS 18-A, 18-B, 18-C, 18-D AND 18-E OF TRACT 3691, AS PER MAP
RECORDED IN BOOK 170, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 9: LOTS 5 AND 5-A TOGETHER WITH AN UNDIVIDED 1/17T" INTEREST IN
AND TO LOTS 18-A, 18-B, 18-C, 18-D AND 18-E OF TRACT 3691, AS PER MAP
RECORDED IN BOOK 170, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 11: LOTS 6 AND 6-A TOGETHER WITH AN UNDIVIDED 1/17T" INTEREST IN
AND TO LOTS 18-A, 18-B, 18-C, 18-D AND 18-E OF TRACT 3691, AS PER MAP
RECORDED IN BOOK 170, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 13: 7 AND 7-A TOGETHER WITH AN UNDIVIDED 1/17T" INTEREST IN AND
TO LOTS 18-A, 18-B, 18-C, 18-D AND 18-E OF TRACT 3691, AS PER MAP RECORDED
IN BOOK 170, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 15: LOTS 8 AND 8-A TOGETHER WITH AN UNDIVIDED 1/17T" INTEREST IN
AND TO LOTS 18-A, 18-B, 18-C, 18-D AND 18-E OF TRACT 3691, AS PER MAP
RECORDED IN BOOK 170, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 17: LOTS 9 AND 9-A TOGETHER WITH AN UNDIVIDED 1/17T" INTEREST IN
AND TO LOTS 18-A, 18-B, 18-C, 18-D AND 18-E OF TRACT 3691, AS PER MAP
RECORDED IN BOOK 170, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
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PARCEL 19: LOTS 10 AND 10-A TOGETHER WITH AN UNDIVIDED 1/17T" INTEREST
IN AND TO LOTS 18-A, 18-B, 18-C, 18-D AND 18-E OF TRACT 3691, AS PER MAP
RECORDED IN BOOK 170, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 21: LOTS 11 AND 11-A TOGETHER WITH AN UNDIVIDED 1/17T" INTEREST
IN AND TO LOTS 18-A, 18-B, 18-C, 18-D AND 18-E OF TRACT 3691, AS PER MAP
RECORDED IN BOOK 170, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 23: LOTS 12 AND 12-A TOGETHER WITH AN UNDIVIDED 1/17T" INTEREST
IN AND TO LOTS 18-A, 18-B, 18-C, 18-D AND 18-E OF TRACT 3691, AS PER MAP
RECORDED IN BOOK 170, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 25: LOTS 13 AND 13-A TOGETHER WITH AN UNDIVIDED 1/17T" INTEREST
IN AND TO LOTS 18-A, 18-B, 18-C, 18-D AND 18-E OF TRACT 3691, AS PER MAP
RECORDED IN BOOK 170, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 27: LOTS 14 AND 14-A TOGETHER WITH AN UNDIVIDED 1/17T" INTEREST
IN AND TO LOTS 18-A, 18-B, 18-C, 18-D AND 18-E OF TRACT 3691, AS PER MAP
RECORDED IN BOOK 170, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 29: LOTS 15 AND 15-A TOGETHER WITH AN UNDIVIDED 1/17T" INTEREST
IN AND TO LOTS 18-A, 18-B, 18-C, 18-D AND 18-E OF TRACT 3691, AS PER MAP
RECORDED IN BOOK 170, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 31: LOTS 16 AND 16-A TOGETHER WITH AN UNDIVIDED 1/17T" INTEREST
IN AND TO LOTS 18-A, 18-B, 18-C, 18-D AND 18-E OF TRACT 3691, AS PER MAP
RECORDED IN BOOK 170, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 33: LOTS 17 AND 17-A TOGETHER WITH AN UNDIVIDED 1/17T" INTEREST
IN AND TO LOTS 18-A, 18-B, 18-C, 18-D AND 18-E OF TRACT 3691, AS PER MAP
RECORDED IN BOOK 170, PAGES 49 AND 50 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 35: THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUlVTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 6, 2002, 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:
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That the petitioner proposes waiver of the following for an existing apartment complex:
Sections 18.06.050.010.012.0121 - Minimum number of covered parking spaces.
and 18.32.066.010 (298 covered spaces required; 170 proposed)
2. That the owner proposes to rehabilitate two apartment complexes totaling 149 units
(Hasterwood Apartments at the northwest corner of Orangewood Avenue and Haster Street); that the
existing parking is nonconforming in terms of current requirements for minimum number of spaces and
minimum number of covered parking spaces; that one of the planned improvements consists of
demolishing several garages in order to increase the overalf number of parking spaces; and that
although the rehabilitation will reduce the number of covered spaces (by 15), the number of open spaces
will increase (by 31) and, as a result, the overall number of parking spaces will also increase (by 16
spaces) from 62% of the current Code requirement to 67%.
3. That this variance is hereby granted on basis that the waiver, under the conditions
imposed, will not cause fewer off-street parking spaces to be provided for the existing use than the
number of such spaces necessary to accommodate all vehicles attributable to such use under the normal
and reasonably foreseeable conditions of operation of such use because on-street parking is prohibited
along both adjoining streets (Orangewood Avenue and Haster Street); and that the existing apartments
were built under earlier parking standards (averaging 1.4 spaces/unit for subject property) which are
nonconforming under current standards (2.3 spaces/unit required for subject property), and the proposed
increase in parking spaces will improve the availability of parking for the tenants because the average
number of spaces per unit will increase from 1.4 to 1.5.
4. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the use because the
number of apartment units will not be increased.
5. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the use
because the proposal will increase the number of on-site parking spaces.
6. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for such use.
7. That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the use.
8. That the Traffic and Transporta#ion Manager has reviewed the request to reduce #he
number of covered spaces for these apartment complexes and recommends approval due to the overall
increase in the number of parking spaces.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
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 safery
and general welfare of the Citizens of the City of Anaheim:
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That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
2. That a final landscaping plan shall be submitted to the Zoning Division for review and approval.
Said plan shall show a minimum of one (1) tree per twenty (20) feet of street frontage along
Orangewood Avenue and Haster Street. The final landscaping plan shall indicate that existing
mature trees shall be protected in place and that new trees shall be a minimum of twenty four inch
(24") box sized. The final landscaping plan shall also show new and existing ground cover, shrubs
and irrigation facilities.
3. That gates shall not be installed across any driveway or private street in a manner which may
adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall
conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of
the City Tra~c and Transportation Manager prior to issuance of a building permit.
4. That no "compacY' or "small car" parking spaces shall be permitted.
5. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 436
and 601 pertaining to parking standards and driveway locations. Subject property shall thereupon
be developed and maintained in conformance with said plans.
6. That plans shall be submitted to and approved by the City Traffic and Transportation Manager
specifying how any vehicular security gates and the vehicle turn-around area will function.
7. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 4, and as conditioned herein.
8. That prior to issuance of a building or demolition permit or within a period of one (1) year from the
date of this resolution, whichever occurs first, Condition Nos. 2, 3, 5 and 6, above-mentioned, shall
be complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
9. That prior to fina! building and zoning inspections Condition No. 7, above-mentioned, shall be
complied with.
10. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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 fina! judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 6, 2002.
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.~ /to~
CHAIRP SON, ANAHEI TY PLANNING COMMISSION
ATTEST:
/C~L~-`- ~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 May 6, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VANDERBILT
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IN WITNESS WHEREOF, I have hereunto set my hand fhis ~~~ day of
, 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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