PC 83-1RESOL[PrION NO. PC83-1
A RF.SOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITTODT FOR VARIANCE NO. 3300 BE GRANTED
'v7HEREAS, the I~aheim City Planning Commission did receive a verified
Petition for Variance fron WILLIAM J. CLARK, 2751 West Pacific Coast Highway,
New^o=t Beach, California 92663, owner, and DENNIS BOLSINGER, 2~25 West
Commonwealth Avenue "C", Fullerton, California 926~3, agent, of certain xaal
property situated in the City of Anaheim, County of ~range, State of
Californi:i described as:
PARCELS 1 AND 2~ IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF I:ALIFORN2A, AS PER MAP FILED IN Et~OK 172, PAGES 31
AND 32 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY•
WHEREAS, the City Planning Commission did hold a public hearing at
the City Hall in the City of Anaheim on November 1, 1962, at 1:30 p.m., notice
of said public hearing having been duly given as required by law and in
accordance wi#i the pro~isions of the Anaheim Municipal Code, Cha~ter 18.03,
to hear and consider evidence for and against said proposed variance and to
in•:estigate and make findings and recommendations in connection therewith;
said public hearing having been continued to the PZanning Commission meeting
of January 10, 1983; 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:
1. That the petitioner proposes waivers of the following to
construc~t a 168-unit apartment comp.lex:
(a) SECTION 18.34.062.011 - Maximum structural height
(2-stories permitt~d; 3-stories
proposed)
(b) SEC's'ION 18.06.030 and - Permitted type of parking spaces
18.34.066 (328 standard spaces required;
330 spaces consisting of 87 tandem,
22 small car and 221 standard ~.t~aces
proposed)
2. That the above-mentioned waivers are hereby granted on the basis
that the petitioner demonstrated that a hardship exists in that denial would
deprive subject property of privileges enjoyed by other properties in the same
zone and vicinity, and that all the tandem spaces will be assigned to
residents.
3. That there are exceptional or e:ctraordinary circumstances or
conditions applicable to the property involved or to the intended use of the
property that do not apply generally to the pioperty or clas:; of use in the
same vicinity and zone.
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4. That the reauested variance is necessary for the preserv3tion
and enjoyment of a substant?a_ property right possessed by other property in
the same vicinity and zone, and 'anied to tl:e property in question.
5• That the requested variance will not be materially detrimental
to the public welfare or inju ious to the property or improvements in such
vicinity and zone in which the property is located.
6• That one person indicated her presence at said public hearing i.n
opposition; and that no correspondence was received in opposition to subject
petition.
ENVIROL7MENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct a 168-unit apartment complex
with waivers of. maximum structural height and permitted type of ~arking spaces
on an irreqularly-shaped parcel of land consisting of approximately 5.2 acres
located at the northeast corner of Palm Lan= and Euclid Street, and further
described as 1231 South Palm Way; and does hereby approve the Negative
Declaration from the requirement to prepare an environmental impact report on
the basis that there would be no significant individual or cumu~ative adverse
environmental impact due to the approval of this Negative Declaration since
the Anaheim General Plan desigaates the subject property for medium-density
residential land uses commensurzte wit2z the proposal; that that Initial Study
submitted by the petitioner ind'_cates no significant individual or cumulative
adverse environmen~al impacts; and that the Neqative Declaration
substanttating the foregoing findings is on file in the City of Anaheim
P1?nring Department.
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 fc~r.d tc be a necessary prerequisite to the
proposed use of the subject nroperty in order to preserve the safety and
general welfare of thP Citi^ens of the City of Anaheim:
l. That a 15 feet property line radius at the cornei of Palm Lane and
Palm Way be dedicated to the City of Anaheim for street and public
utility purposes.
2. That trash storage areas shall be provided in accordance with
approved plans en file with the Office of the Executive Director of
Public Works.
3. That fire hydrar.ts shall be installed and charged as required and
determLned to be necessary by the Chief of the Fire Department prior
to commencement of structural framing.
4~ That the owner(s) of subject property shall pay the traffic siynal
assessmer.t fee (Ordinance No. 3896), in an amount as determined by
the City Council, for each new dwe2ling unit prior to the issuance of
a bnilding parmit.
5. That vehicular entry gates shall not be permitted as recommended by
the City Traffic Engineer.
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6. That prior tc is~uance of building permits, the applicant shall
present eviderice satisfa.ctory to the Chief 3•~ilding inspect.or that
the proposed project is in conformancE with Cour.cil Policy No. 542,
Sound Attenuation in Residential Projects.
7. Th~t subject property shall be developed subst_antially in accordance
with pl.ans and specifications on file with the City of Anaheim marked
Revision No. 2 of EYhibit Nos. 1 through 5.
B• That street lighting facilities along Euclid Street, Palm Lane and
Palm Way shall be installed as required by the Office of Utilities
General Manager, and in accordance with specifications on fil.e in the
Office of Utilities General Manager and/or that s~curity in the form
of 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 quarantee the satisfactory installation of the
above-mentioned improvements. Said security shall be posted with the
City prior to approval of building permits. The above-required
improvements shall be installed prior to oc~upancy
9. That Condition Nos. 3 and 8, abn~e-•mentioned, shall be complied with
prior to the commencement of the activity authorized under this
resolution, or prior to the time tha~: the buildin.g permit is issued,
~r within a period of one year from date heraof, whichever occurs
first, or such further time as the Planzing Commission may qrant.
10. That Condition Nos. 2 and 7, above-mentioned, shall be complied with
prior to final building and zoning inspections.
BE Ir FURTHER RESOLVED that the Anaheim City Planning Comnission does
hereby find and determine that adoption of this Resolution is expressly
predicated upon 3pp7..ic~nt'S co~pliancc wi~4 each and aii of the conditions
hereinabove set forth. Should 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, sha11 be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this lOth day of
January, 1983.
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A N, ANAHEIM CITY P ING COMMISSION
ATTEST:
v ~+ ~
SECRETARY, ANAi;EIM CITY PLANNING COMMISSION
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PC83-1
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY pF ANAHEIM )
I, Edith L. Harris, Secret~ry of the Anaheim City Planninq Commission, dn
hereby certify that the foregoing resolution was passed and adopted at a
meeting of the Anaheim City Planning Commission held on January 10, 1983, by
the following vote of the members there of:
AYES: COMMISSIONERS: HOUAS, BUSHORE, FRY, HERBST, KING, 7,A CLpjgE~
MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this l~th day of January,
1983.
~t~l~. ~( ~ 7Q~a,~,~,~,,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC83-1
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