PC 80-170r'
W_
RESOLUT I Ot! ~JO. PC 30-1 7r1
A RESOLUTIOtI OF THE A!!AHEIPt CITY PLA~dNltlf, C~M1115510N
THAT PETITIO~! FOR VARIFl~ICE N~. 317~ BE GRAMTED~ IN PqRT
WfIEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from CLIFFORD 0, BECKLER AND DORIS JFA~i BECKLER, c/o 1242 East
La Palma Avenue, Anaheim, California 97805, owners, and URFAP~ITES, INC., Attention:
Ali Labib, 16152 Beach Bouldevard, Huntington Beach, Californta 92647~ and WALTEP, K.
BOWIIAN, 7936 Cerritos Avenue, Stanton, California 92E8(1, ayents, of certain real
property situa[ed in the City of Anaheim, Courzty of Orange, State of California
described as:
A11 that portion of tlie Rancho San Juan Cajon de Santa Ana being a
portton of Lot One of Anaheim Extension, as satd Lot One is shown
on Map Survey made by b:tiliam Hamei and acknolwedged by Alfred
Robinson~ Trustee, on file in the office of the County Recorder of
Los Angeles County, California, more particularly descrihed as
follows: Beginning at the Piortheast corner of said Lot One, said
corn~r being on the South line of La Palma Avenue, 60.np feet in
wtdth as shown on said survey; thence 4lcsterly 490,92 feet along
the Northerly line of said Lot to the Northa~est corner of the land
described in the Deed to Roy C, Copcland and wife, recorded
November 13, 1946 in Book 1459, page 450, Offlcial Records of satd
Orange County, said Northaiest corner of Copeland beino the True
Point of Beginni~g: thence Southerly along the West line of the
land described to Copeland to a point on the ^Jorth line of Lot 57
of Tract No. 135G, as shown on a map recorded in Book 4E,, pages 25
to 27 inclusive of Miscellaneous Maps, records of said Orange
County: thence Westerly along said North li~e ~f ~~r ~7 anu fts
Wester~y ~y,~£n,Icr, ta tf~e Southeast corner of Lot 75 of said
Tract No, is56: thence Northerly along the Easterly line of said
Lot 75. anc! a)ong the Easterly tine of Lot 76 of said Tract, to
the Northeast corner of satd Lot 76; thence 1•lesterly along the
Norther)y iine of sato Lot 7b to the Southeast corner of the land
described ln the Deed to J, E. Walter and other, recorded May 13~
1947 tn Book 1514, page 377. Officia) Records of satd Orange
County: thence Northerly along the Easterly li~e of th? land of
Walter to a point in the North line of aforesatd Lot 1 of Anaheim
Extension; thence Easter)y along said North line to the True Potnt
of Beginn(ng.
WfiEREAS, the t'ity Planning Commisston did ho)d a public heartnq at the Civic
Center in the City of Anaheim on September 8~ i930, ac 1:30 p.m,
public hearing having been duly gtven as required by law an~l in acco~dance withsthe
provtsions of the Anahelm Flunicipal Code~ Chapter 18.03, to hear and consider
evidence for and against satd proposed variance
findtngs and recummendattons in connection therewith; saidand co investigate and make
continued to the Plannina Commisston meeting of October 6, jqh~~c~~daring havtng been
PCB~-170
WHEREAS~ said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence ar~ reports
offered at said hearing, does find and determine the following facts:
1. That the petitioner proposes waivers of the followinry to construct a
43-unit apartment complex:
(a) SECTION 18.;4.062.012 - Maximum structural neight.
(1 s~tor permitted within
i50_ e t of RS-7200 ~onino;
2 an~ 3 stories proposed)
(b) SEC710PJ 18.34.065.011 - Minimum distance betNeen buildings.
,delete
2. That the above-mentioned waiver (a) is hereby granted on the basis that
the petitioner demonstraCed that a hardship exists in that the petitioner stipulated
that the maximum over-all structural height shall bz twenty-four (24) feet as
measured from existing grade and on that basis that denial wouid deprive subject
property of a priviiege enjoyed by other property in the same zone and vicinity.
3. That the above-mentioned waiver (b) is hereby denied on the basis that
revised plans a~ere submitted by the petitio~sr eliminating the waiver.
4. That there are exceptioral or ext-aordinary circumstances or conditions
applicable to the property involved or to tne intended use of the property that do
not apply generaily to the prooerty or class of use in the same vicinity and zone.
5. That the requested variance, as granted, is necessary for the
preservation and enjoyment of a substantial property right possessed by other
property in th~ same vicinity and zone, and denied to the property in question.
6. That the requested variance, as granted, will not be materially
detrimental to the public welfare or injurious to the property or impruvements in
such vicinity and zone in which che property is located.
7. That six (6) persons in~icated their presence in opposition to the
propo~al at the September B, 1980, oublic hearing; that at the October 6, 19~0
hearing eight (8) persons indicated their presence tn opposition and five (5) persons
indtcated their presence in favor of the request; that one letter containing three
(3) signatures and a petition containing twenty-six (26) signatures in opposition to
the proposal were presented at the September 8, 1950 meeting; and that two (2)
let*ers from p~rs~~ns favoring the request were presented at the October 6, 1980
public hearing.
ENV~RONMENTAL IMPACT FINpING: That the Anaheim City Planning Commission has
reviewed the proposal to permit a -unit apartment complex with proposed waivers of
maximum structurat height and minimum distance between buildings on an irregularly•
shaped parcel of land consisting of approximately 7,75 acres, having a frontage of
approximately 258 feet on the south side of La Palma Avenue, having a maximum depth
o~ approximately 360 feet, and being located approximately 550 feet east of the
center?ine of East Street; and does hereby approve the Plegative Declaration from the
requiremenT. to prepare an environmental impact report on the basis that there would
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be no signlficant individua) or cumulative adverse environmental impact due to the
approval of this Negative Declaration since the Anaheim General Pian designates the
subject Froperty for medlum-density residential land uses commensurate with the
proposai; that nc sensitive environmental impacts are involved in the ~roposal; that
the IniYial Study submitted by the petitioner i~dicates no significant ~ndividual or
cumulative adverse environmental impacts; and tha~ the Negative Declaration
substantia*_ing the foreaoing findings is on ftle in the City of Anaheim Planning
Department.
NOIJ~ THEREFORE, BE IT RFSOLVED that the Anaheim City Planning Commission
does hereby grant, in part, suhject Petition for Variance, upon the following
conditions which are hereby found to be a necessary prerequtsite to the proposed use
of the subjec:t property in order to preserve the safety and general welfare of the
Cttizens of the City of Anaheim:
1. That the owner(s) of subject proper*y shall deed to the City of Anaheim
a strip of land 53 feet in width from the centerline of the street along La Palma
Avenue for street widening purposes.
2. That all engineering requirements of the ~ity of Rnaheim along La Palma
Avenue including preparation of improveme~t plans and installatton of all
improvemer.ts such as curbs and gutters, sidewalks, street grading and paving,
drai~age facilities or other appurtenant v;orF:, shali be complled with as reGuired by
the City Engineer and in accordance with specifications on file in the Offtce of the
City Engineer; that street ligfiting facilities along La Patma Avenue shali be
installed as required by the Office of Utilities Generai Manager, and in accordance
with specifications on file in the Office of Utilities General ~lanager; and/or that a
bond, certificate of deposit, letter of credit, or cash, in an amount and form
satisfactory to the City of Anaheim shall be posted with the City to guarantee the
installation of the c3~J:~E'~mentioned requirements prior to nccupancy.
3. That the owner(s) of sul,ject pro~erty shali pay to :tie Cfty of l,naheim
a fee, in an amount as determined by the City Council, for tree planting purposes
along La Palma Avenue.
4, That trash storage areas shall be provided in accordance ~aith approved
plans on file with the Office of the Executive Dtrector of Public t-Jorks.
5. That fire hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire Department prior to commencement
of structural framing.
6. That subject property shall be served by underground utilities.
7. That drainage of subject property shall be disposed of in a manner
satisfactory to the Clty Fngineer,
8. That the owner of subject property shatl pay to the City of Anaheim the
eppropriate park and recreation in-liei~ fees as determined to be appropriate by the
City Council, said fees to be paid at the time the building permit is issued,
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9. That the owner(s) of subject property shall pay the traffic signai
assessment fee (Ordinance No, 33g6) in an amount as determined by the City Council~
for each new dwelling unit prior to the issuance of a building permit.
1~. That the interior walls of the proposed carports shall be stuccoed,
that enclosed storage cabinets shall be provided along the rear wall of each carport;
and thaC adequate bumper guards shall be provided to protect the interior wal)s of
the proposed carports from damage.
11. That a 6-foot high masonry wall shall be constructed along the south
and west property lines.
12. That subject property shall be developed substantiaily in accordance
with plans and specifications on file Y/ILI1 the City of Anaheirn marked Revision No. 1
of Exhibit PJos. 1 through 4; provided, ho~~ever, that no 3-story buildings shall
exceed twenty-four (24) feet in height.
~3. That Condition Nos. 1 and 3, above-mentioned, shall be complied with
prior tc the cortmencement of the activity authorized under this resolution, or prior
to the time that the building permit is issued, or within a period of one year from
date hereof~ whichever occurs first, or such further time as the Planning Commtssion
may grant.
14, That Condition Nos. 4, 6, 7, 10, 11, and 12, above-rentioned, shall be
comp)ied with prior to final building and zoning inspections.
BE IT FUR7HER RESOLVED that the Anaheim City Planning Commission does hereby
ftnd and determine that the adoption of this Resolution is expressly predicated upon
appticant's compliance with each and all of the conditions hereinabove set forth.
Should any 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 RESOLUTIOPI is signed and approved by me this 6th day of
October, 1980.
~` ~~ 1~ ~~
(.HAlRMAN PRO TEMPORE
ANAHE IM C ITY PLAtJNI NG COMP11 SS I ON
ATTEST:
att,rttTARY, ANAHE M C I T~LANN 1 NG COMhi 1 S S I ON
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~^~
STATE OF CAl~FORNIA )
COUNTY OF ORAWGE ) ss.
CITY OF ANAHEIhf )
i, 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 October 6, 19f30, at 1:30 p,m.,by the
following vote of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KIMG
NOES: COMMISSIOPJERS: P~ONE
ABSENT: COMMISSIONERS: TOLAR
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of October, 1980.
~l l~ ~
SECRETARY, ANAHEIM CI~fY PLA~INING COMMISSION
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