PC 83-108'~~ !",.
RESOLUTION NO. PC83-108
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
TFIAT PET"iTIO~~ FOR VAkIANCE N0. 3337 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from ELI~ABETH C. EDWARDS, 831 South Webster Avenue,
Anaheim, California 92904, owner, and MR. & MRS. HENRY WESSELN, 1717 West
Lincoln Avenue, Anaheim, California 92801, agent of certain real property
situated in tne City of Anaheim, County of Orange, State of California
described as:
PARCEL 1:
LOT 14 OF TRACT 787~ IN THE CITY OF ANAHEZM, COUNTY OF
ORr1NGE, STATE OF CALIFORNIA~ AS PER MAP RECORDED IN BOOK 24
PAGE 9 OF MISCELLANEOU,; MAPS, IN THE OrFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL 2:
THAT PORTION OF LOT 1 IN BLOCK 'A" OF TRACT 787, IN THE CZTY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIEORNZA~ AS PER MAP
RECORDED IN BOOK 24 PAGE 9 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING BETWEEN
THE EASTERLY EXTENSION OF THE NORTH AND SOUTH LINES OF LOT 14
OF TRACi 787.
WHEREAS, the City Planning Commission di~ hold a public hearing at
the Civic Center in the City of Anaheim on Jurte 1, 1983, at 1:30 p.m., notice
of said public hearing having been duly given as required by law and in
accordance with the provisiors of the Anaheim Municipal Code, Chapter 18.03,
tu heat and considec evidence for and ayainst saio proposeo variance and to
investigate and make findinqs 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 sai9 hearing, does find and determine the
following facts:
1. That the petitioner proposes waivers of the following to
construct a 25-unit apartment building.
SECTION 18.34.062.012 - Maximum structural height.
(one-story within 150 feet of sinale-familv
residential zo~e boundarY permitted;
two-stories proposed at 123 and 131 feet)
2. That the above-mentioned waivers are hereby 9ranted on the basis
that the petitioner demonstrated that a hardship exists in that this property
differs from other property in the same zone and vicinity as to size, shape,
topography, location, or surroundings and denial would deprive this property
of privileges currently being enjoyed by other properties in the same zone and
vicinity.
i0656I PC83-108
` i
,.., , _ _. .
._.._,
. .. _„ .~,
3• ""iat there are exceptional or extraordinary circumstances or
couditi.ons applicable to the property involved or to the intended use of the
property that do not ap~ly generally to the oroperty or class of u~e in the
same vicinity and zone.
4. That the requested variance is r.ecessary for the preservation
and enjoyment of a substantial property right possessed by other property in
the same vicinity and zone, and denied to the proper~y in yuestion.
5. That the requested variance will not be materially detrimental
to the public welfare or injurious to the prcperty or imFrovements in such
vicinity and zone in which the property is located.
6. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
ENyIRONMENTAL IMPACT FINDING: Thar the Anaheim City Planning
Commission has reviewed the proposal to construct a 25-unit aparl-ment building
with waiver of maximum structural height on a rectangularly-shaped parcel of
land consisting of approximately 0.87 acre, having a frontage of approximately
127 feet on the west side of Webster Avenue, located approximately 775 feet
north of the centerline of Ball Road, and further described as 831 South
Webster Avenue; and does hereby approve the Neqative Declar.ation from the
requireme,~t to prepare an environmental impact report on the basis that there
would be no significant ir,dividual or cumulative adverse environmental impact
due to the approval of this Negative Declaration since the Anaheim General
Plan designates the subject prope_*ty for medium density ~esidential land uses
land uses commensurate with the proposal; that that Initial Study submitted by
the petitioner indicates no significant individual or cumulative adversc
environmental impacts; and that the Negative Declaration substantiating the
foregoing findings is on file in the City of Anaheim Planning 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 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 the owner of subject property shall pay to the City of An<~heim a
fee for tree planting purposes along Webster. Avenue in an amcunt as ~
detern;ined by the City Council. E_
2. That prior to issuance of a building permit, a C
assessment fees shall be PPropriate water j
paid to the City of Anaheim~ in an amount as ~
determined by the Office of tSe Utilities General Manager.
i
3. That prior to issuance of a building permit, appropriate park and '
recreation in-l;:eu fees shall be ~
paid to the City of Anaheim in an ~
amount as determined by the City Council.
4. That prior to issuance of a building permit, the a ~
sign:~l assessment fee shall be PPropriate trafEic i
amount as determined by the i.ity ouncil~forheachtne;~ dwellingmunit,an
I _.;;'
-2- PC83-108 ! '*i
_ '
,-•-•.
,•~
5. That the owner of subject propecty shall deed to the City of Anaheim
a strip of land 32 feet in width from the centerline of the street
along Webster Avenue for street widenino purposes.
F. That all engineering requireme~its of the City of Anaheim alon9
Webster Avenue, including preparation of improvement plans and
installation of all improv nents such as cucbs and gutters,
sidewalks, street grading and pavement, sewer and drainage
facilities, or other appurl•enant work shall be complied with as
required by the City Er.qineer and in accordance with specifications
on file in the Office of the City Engineer; and that ~ecurity 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 La
posted with the City to guarantee the satisfactory completion of said
improvements. Said security shall be posted with the City prior to
issuance of a building permit, to guarantee the installation of the
above-required improvements prior to occupancy.
7. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
8. That the owner oi ~ubject property shall pay to the City of Anaheim a
fee for street lighti~g along Webster Avenue in an amount as
determined by the City Council.
9. That subject prope~ty shall be served by underground ~tilities.
10. That prior to commencement of structural framing, £:re hydrants shall
he installed ~nd charged as required and determined to be neces~.~ry
by the Chief of the Fire Department.
11. That trash storage areas shall be provid~d zn ~ccordance witi,
approved plans on file with the Street Maintenance and Sanitation
Division.
12. That prior to issuance of building permit a 6-foot high masonry block
wall shall be constructed along the west property line(s) and/oc that
a bond in an amount and form satisfactory to the City ~f Anahein~
shall be posted with the City to guarantee the installation of said
wall prior to final building inspection.
13. That no gates of any kind intended to control vehicular access to
this project shall be installed without the review and approval of
the Tr.affic Engineer.
14. That this Variance is granted subject to the completion of
Reclassification No. 63-64-62, now pending.
15. Tl~at subject property shall be developed substantially in accordance
wi.th plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 through 9.
-3-
PC83-108
5~:., . _ _ _
16. That pcior to the commencement of the activity authorized under this
resolution, or prior to the time that a building permit is issued, or
within a period of one year from the date of this resolution,
whichever occurs fir~t, Condition Nos. 1, 5, 6, B and 12,
above-mentioned, shall be complied with. Extensions Eor further time
to complete said conditionN may be granted in accordance with Section
18.03.090 of tne Anaheim Municipal Code.
17. That prior to final building and zoning inspections, Cundition Nos.
7. 9, 11 and 15, above-m?ntioned, shall be complied wiGh.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine thak adoption of tt~is Resolution is exgressly
nredicated upon applicant's compliance witn each and all of ttie conditions
hereinabove set forth. Should any such condition, or any part t;,ereof, be
declared invalid or unenfarceable by the final judgment of any court of
competent jurisdiction, then this Resolut on, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signec and approved by me this Ist day of
June, :983.
.
/ ;~
i ..~i~v,.ss"~-= ~/`~/
~ ~ ~~.y _ ~~
C AI AN, 'ANAHEIM CITY~.f;ANNING COMMISSION
ATTEST; ~/
, ~f ~1 ~' ~~ , -
SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
CQUf2TY OI' OR:iNGE j ss.
CITY OF ANAHEIM )
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 June 1,
1983, by the following vote of the members there of:
AYES: COMMISSIONERS: BOUAS~ BUSHORE~ FRY, KING, LA CLAIRE, MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HERBST
IN WITNESS WHEREOF, I have hereunto set my hand this lst day of June,
1983.
~ ~ ~Q - /J -~~~,.
SECRETARY, ANAHEIM CITY PLANNING C01~1MISSION
-4-
PC83-106
, .,~