PC 75-999.. ~ ~
~
RESOLUTION N0. PC75-99
A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM
THAT PETITION FOR VARIANCE N0. 2700 BE GRANTED.
WHEREAS, the City Planning Commission of the City of Ananeim did receive a
verified Petition for Variance from DAVID S. COLLINS, 1077 West Ball Road,
Anaheim, California 92802 (Owner); LEONARD SMITH, 125-D South Claudina Street,
Anaheim, California 928~5 (Agent) of certain real property situated in the City
of Anaheim, County of Orange, State of California, described as:
Parcel 2 as shown on a parcel map filed iri Book 36 Page 24 of Parcel Maps in
the office of the County Recorder of said county.
EXCEPT any portion thereof included within the land described in a deed to
Wilshire Woods, Inc., recorded March 27, 1975 in Book 11365 Page 821, official
records.
AND EXCEPTING the Easterly 5 feet of the Westerly 35 feet of that p~rYion of
Lot 35 of Anaheim Extension, as said lot is shown on a map of survey by William
Hamel, a copy of which is shown in Book 3, Page 163 and 164 of "Los Angeles
County Maps", in the office of the County Recorder of said Orange Cow7tv, to-
gether with that portion of the Southeast 1/4 of the Southwest 1/4 of Section
9, Township 4 Sou*_h, Range 10 West., as shown on a map recc,rded in Book 51,
Page 10, Miscellaneous Maps, records of said Orange County, dAscribed as
follows:
Beginning at the intersection on the South line of said Section 9, with the South-
erly prolon9ation of the Westerly line of Tract 5444, as per map recorded in Book
210, Page•28 and 29 of Miscellaneous Maps of said Orange County; thence Northerly
828:85 feet along said Southerly prolongation, the Westerly line of said Tract
5444 and the Northerly prolongation of the Westerly line of said Tract 5444 to
the Southeast corner of Lot 5 of the Anaheim Homestead Tract, as per map thereof
recorded in Book 26 Page 10, Miscellaneous Records of Los Angeles County,
California; thence Westerly 616.02 feet along the South line of said Lot 5 and
the South line of said Anaheim Homestead Tract; thence South 829.17 feet to the
South line of said Section; thence East 618.82 feet to the point of beginning.
EXCEPTING THEREFROM any portion thereof lying Southerly of the Northerly line
of Wilshire Avenue as now shnwn of record.
ALSO EXCEPTING the Northerly 260 feet thereof; and
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on May 12, 1975, at 1:30 p.m., notice of said public
hearing having been duly given as required by law and in ;;ccordance 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
f.indings and recommendations in connection therewith; and
WHEREAS, said Commission, after ~1ue inspection, investigation and study
rnade by itself and in its behalf, and after cue consideration af all evidence
and reports offered at said hearing, does find and determine the following
facts:
l. That the petitio~er requests the foliowi~g waivers from the Anaheim
Municipal Code, to construct a 77-unit apartment complex in the R~1-1200 Zone:
a. SECTION 18.34.062.0;2 - Mtnimum floor area. (700 sq~uare feet
required; 550 square feet pr~~posed
b. SECTION 18.34.065.Oi1 - Minimum distance between bui~din s.
1, 21 and 2 feet required; 9, 1 and
23 feet proposed,
RESOLUTION N0. PC75-99
_. ~ ~
2. That Waiver 1-a, above-mentioned, is hereby granted for a minimum floor
area of 550 square feet, as proposed, on the basis that the Planning Commission
has previously granted sai~ waiver for efficiency units, not to exceed 25~ of
the total number of apartment units.
3. That Waiver 1-b, above-menticned, is hereby 9ranted on the basis that
said waiver p~ertains to only three locations in the proposed development and,
therefore, ttue request is determined to be minimal.
4. That the petitioner stipulated to utilizing more pleasant earth-±one
colors and materials for the roofs of the carports located along the north
property line, and that revised plans showing said modifications will be sub-
mitted prior ta City Council review of the proposal.
5. That the petitioner stipulated to providing one (1) triangularly-shaped
tree well for every three (3) Par•king spaces along the northerly property line,
each tree well to be planted with either three (3) Italian cypress trees or one
(1) broad-headed tree, said trees to be a minimum of five-gallon size; and that
revised plans to si~ow the location of the tree wells approximately 25~ feet apart
and specifying the type trees to he planted will be submitted prior to City
Council review of the proposal.
6. That the petitioner stipulated to modifying the parking spaces located
at the N/W and S/Ecornersof the subject property to provide adequate back-up space,
and that revised plans showing said modification will be submitted prior to City
Council review of the proposal.
7. That the petitioner stipulated to installing a lattice-type covering on
the trash enclosure areas to screen said areas from viewing from the apartments
to the north, and that revised plans showin9 said covering will be submitted
prior to City Council review of the proposal.
8. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the ~ntended use of the property that
do not apply generally to the property or class of use in the same vicinitv and
zone.
9. That the requested variance is necessary for the preservation and enjoy-
ment of a substantial p;^operty right possessed by other property in the same
vicinity and zone, and cenied to the property in ques~ion.
10. That the requested variance will not be materially detrimental to the
public welfare or injurious to the pro~o~•ty or improvements in such vicinity and
zone in which the property is located.
11. That one (1) person, representing the property owner to the north,
appeared at said public h~~aring in opposition and also presented a letter in
opposition.
ENVIRONMENTAL IMPACT REPORT fINDrNG:
That the Planning Commission recommends to the City Council that the subject
project be exempt from the requirement to prepare an Environmental Impact Report,
pursuant to the provisions of the California Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petitiion for Variance, upon the followin9 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 Reclassifi-
cation No. 74-75-32, now pending.
2, That subject property shall be developed substan^:ially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1, 2, 3 and 4; provided, however, that revised plans shall be submitted
prior to City Council review c,f the proposal, as stipulated to bv the petitioner,
incorporati~g the following changes:
_2_ RESOLUTION N0. PC75-99
s•
. ~ ~
a. Specification of the color and material for the carPort roofs
located along the northerly property line, said color to be
earth-tone;
b. For every three (3) Parking spaces located along the northerly
property line, or on approximately 25} foot centers, one (1)
triangularly-shaped tree well shall be provided and planted ~tith
either three (3) Italian cypress trees or one (1) uroad-headed
tree; all trees shall be a minimum of five-gallon size and the
petitioner shall specify the kind of tree proposed to be planted;
c. Modification of parkin9 spaces located at the westerly corner of
the subject property to provide adequate back-up space; and
d. Provide lattice-type covering on the trash enclosure areas,
screening said areas from the apartments to the north.
THE FOREGOING RESQl.UTION is signed and approved by me.this 12th day of May,
1975
ATTEST:
~
s
AIRM N, ANA CITY PLANNING COMMISSION
GZ~Z~~GR/
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Patricia B. Scanlan, Secretary of the City Planning Commission of the
City of Anaheim, do hereby certify that the foregoing resolution was passed
and adopted at a meetina of the City Planntng Commission of the City of Anaheim,
held on May 12, 1975, at 1:30 p.m., by the following vote of the members thereof:
AYES: COMMISSIONERS: GAUER, JOHNSON, KING, MORLEY, TOLf^,R, HERBST
NOES: COMMISSIONERS: NONE
ABSE~~T: COMMISSIONERS: NOtdE
ABSTAIN: COMMlSSIONERS: FARANO
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of May, 1975.
L!~~~;~aJ~ ~,~X~.~-~
SECRETARY, ANAHFIM CITY PLANNING COMMISSION
-3- RESOLUTION N0. PC75-99