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PC 69-148~' ~ _ - ' - .~ RESOLUTION NO. pC69-148 A RESOLUTION OF THE CITY PLANNING COMMI?SION OF THE CITY OF ANAHEIPA THAT PETITION FOR VARIANCE NO. 2Q95 BE APPROVED WHEREAS, the City Planning Commission of the City ef A~aheim did receive a verified Petition for Varidnce from LEWIS AND JUDITH E. SCHMID, 1401 Smokewood Drive, Santa Ana, Ca]ifornia 92705, Owners; GEORGE ARGYROS, 415 West Fourth St•reet, Suite D, Tustin, California 9268~, Agent of certain real property situated in the City of Anaheim, County of prange, State of California, described as Lot 1 of Tract 6646, as shown on a map thPreof recorded in book 245, pages 38 and 39 of Miscellaneous Maps, in the oftice of the County Recorder ot' said Orange County. ; end WHEREAS, the CiEy Planni;:g Commission did hold a public hearing at the City: Hall in the City of Aneheim on JUly 14, 1969, at 2:00 a'clock P.M., notice of seid law end in acwrdance with the provisions of the Anaheim Municipal Code1iCh pter 18h681 to hear nd'ccns der evidence or and against said proposed variance and to investigate and make findings and recommendntions 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 seid hearing, does find and determine the following facts: 1. Thet the petitioner requests e variance from the Anaheim Municipal Code as folloti5, to permit the establishment of a one and two-story, 108-unit apartment ~omplex on subject pr~perty: a. SECTION 18028.050(9•••b~ - Maximum distance of a dwellina unit f*om a standard street. (A maximum of 200 fPet permitted; 84 units from 200 to 535 feet proposed). b. SECTION 18.~8.050(6-c) - Ac~essorv buildinq setback. (Accessory buildinos ad,7acent to property lines permitted in the rear 25% of the property; accessory buildings adjarent to the p~ ~erty lines along the entire property line proposed). c. SECTi0~1 18.28.050(7-a) - Minimum distance betwe~~; buildin~s, (15 feet re-• quired; two instances of 10 feet proposed). d. S ECTION 18.32.020(1) - IJumber of main structures on a site. (Two rr.ain st-uctures perr~itted; ten proposed). e. S ECTION 18.28,050(in_~) - Minimum number of covered uarkinq stalls. (135 covered stalls required~ 114 covered stalls and 61 ooen stalls proposed). - r-:i at~~ f. SECTION 18.28.050(10-b) - Maximum distance between divellinq units and required oarkinq stalls. (Maximum distance of 200 feet ~ermitted: several units more than 200 feet proposed) 2. That there are exceptional or ex.traordinary circumstances or conditions applicable }o the property involved or to the intended use o: the property that do not apply generally to ~he property or class of use in the same vicinity and zone. 3. That the requested variance is necessary for the preservation and enjoyment of a substant:al property riqht possessed by other property in the same vicinity and zone and denied to the property in question. 4. That the requested variance will not be material?y detrimental to the public welfare or injurious to the property or im~rovements in such vicinity and zone in vahich the property is located. 5. That waivers i-a, 1-b, and 1-e, above mentioned, are deemed to be technical on the basis that the Planning Commission has recommended amendments to Title 18 of the Anaheim Municipal Code which would permit ~hese waivers by right; ho~iever, the City Counc~l has not as yet considered theserchangesdations at public hearing, nor adopted an ordinance amending Title 18 to reflect 6. That original plans of development required waiver of the one-story height limitation within 150 :eet of single family residential homes ar~d minimum square footage o; living units; however, revised plsns have now eiiminated these waivers and the r-etitioner has withdrawn them. ~ ~ ~ t ` ? NOW, ThEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions wnich are hereby :ound to be a nec~ essary prerequisite to the proposed use of the subject property in order to preserve the safety anG general welfare of the Citizens of the City of Anaheim. 1. That the owners of subject property shall deed to the City of Anaheim a strip of land 64 feet in width along Almont Avenue, includi.ng a standard 50-faot radius cul-de-sac, for street construction purposes. 2. That all engineering requirements of the City of Anaheim along Almont Avenue and State : College Boulevard, including preparation of improvement plans and instaliati.on of all improve- ( ments, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer and that street lighting facilities along Almont Avenue shall be installed as required by the Director of Public Utilities and in -ccordance with standard plans and soecifications on file in the office of the Director of Public Utilities, and tP~at a bcnd in an amount and form satisfactory to the City of ;!~ Anaheim shall be posted with the Cit to i~ , Y guarantee the installation of the above mentioned re- = quirements. ~~ 3. That the owners of subject property shall pay to the City of Anaheim the sum c,f 15¢ ~er front foot along Almont Avenue, for tree planting purposes. ; 4. That the owners of subject property shall request abandonment of the existing Almont ! Avenue and the drainage, sewer and nublic utility easements not in use. ~ 5. That trash storage areas shall be provided in accordance with approved plans on file I with the off~ce of the Director of Publi~. Works. f 6. That fire hydrants shall be installed as reouired and determined to be necessary by the Chief of the Fire Department. 7. That drainage of subject property shall be discharged in a manner that is satis:actory to the Cit~~ Engineer. 8. That Fublic utility easements and water mains shall be orovided as required by the Public Utilities Director. 9. That this development shall be served by underground utilities. 10. That a 6-foot masonry wall shall be constructed along the north oroperty line. 11. That any ai*-conditioning facilities oroposed shall be properly shielded from view. 12. That Condition Nos. 1, 2, 3, and 4, above mentioned, shall be complied with prior to the time that the Building Permit is issued or within a period of 180 days from date hereof, which- ever occurs first, or such further time as the Commission or City Counc~l may grant. 13. That Condition Pdos, g, 6, 7, 8, 9, 10,.and 11, above mentioned, shall be comolied v,~ith prior to final buildiny a~d zoning inspections. ; 14. That the owners of subj?ct property shall pay to the City of Anaheim park and recreatior, ;; fees of ~75 per dwelling unit, as required by City Council Resolution, which shall be useo :or J park and recrea{:ion purposes, said amount to b? paid at the time the Building Permi: is issued. _ 15. That subject oroperty shall be developed substantially in accordance with plans and specifications o~ iile with the City of Anaheim, marked Revision I~o. 1, Exhibit IJos. 1, 2, 3, 4, 5, 6, and 7. 1 , THE FOREGOING RESOLUTION is signe and approve b me this 24th day of ,July, 1969. i ~ i h. ~vAfJ PR -TFM APlAHEIM CITY PLANPlII~G CON~I~SISSIO^! y ATiEST: t ~.J~ / 1 (~L~! z-~ C._~`-~~/?_t.~~~ { SECRETARY ANAHEIM CITY PLANIJING CONMIS6ION I STATE OF CAiIFORNIA ) COUNTY OF ORANGE ) ,s, CITY OF ANAMEIM ) I, Ann Krebs, Secretary of the City Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a r~eeting of the City Planning i Commission of the City of Anaheim, held on July 14, 1969, at 2:U0 0'clock P,M,, by the following vote o: the members tt~ereof: ~ P.YES: COMMISSIONERS: Camp, Farano, Gauer, Thom. I ~~lOES: COM~u1ISSI0(JERS: None. i ABSENT: CON!MISSIONERS: Allred, Herbst. ABSTAIN: COh"~MISSIONERS: Rowland. .. IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of July, 1969. i Cjl~7 z'; Z ' ~;'~"zc' l~i SECRETARY ANAHEIM CITY PLP.PdNII4G COhiMISSION ' ~ Res. No. 148 R ~ ~ j~