PC 83-206~, ~.
RESOLUTION N0. PC83-206
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3360 BE GRANTED
WHEREAS, the Anaheim City Planning Commission di.d receive a verified
Petition for Variance from FIRST AMERICAN TRUST COMPANY, P. O. Box 267, Santa
Ana, California 92702, owner, and RAYMOND MASCIEL, P. O. Box A241, Anaheim,
California 92801, agent of certain real propecty situated in the City of
Anaheim, County of Orange, State of California described as:
LOT 9 OF THE SOUTH STREET TRACT IN THE CITY OP ANAHEIM~ AS
PER MAP RECORDED IN BOOK 3, PAGE 89 OF M_SCFLLANEOUS MAPS~
IN THE OFFICE OF THE COUNTY RECORDER OF S2ID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of P..naheim on October 17, 1983, at 1:30 p.m.,
notice of said public hearing having been duly given as required by ldw and in
accotdance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and considec evidence for and against said proposed variance and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Cummission, 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
construct a 3-unit apartment complex:
(a) SECTION 18.34.062.012 - Maximum structural height
(1 stor permitted within 150 feet of
single-family reeidential zoning;
2 stories proposed)
(b) SECTION 18.34.063.023 - Minimum sideyard setback
(5 feet required; 0 to 6 feet proposed)
(c) SECTIONS 18.34.066 &- Permitted location of required parkinq
18.06.050.0123 spaces
(Open 4uest parking spaces are not
~ermitted to be in tandem; 2 open tandem
~uest Farking spaces proposed)
2. That the above-mentioned waivers are hereby granted on the
basis that the petitioner demonstrated that a hardship exists in that thece
are special circumstances applicable to the property such as size, shape,
topograghy, location or surroundings, which do not apply to other identically
zoned properties in the vicinity; and that strict application of the Zoning
Code deprives the property of privileges enjoyed by other properties in
identical zoning classification in the vicinity.
3. That the above-mentioned waiver (b) is hereby granted on the
basis that the petitioner stipulated that each set of parking spaces which
includes a tandem space shall be assigned to one apartment unit.
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<~'•^ 4. That there are exceptional or extraordinary circumstances or
condition~ applicable to the property involved or to the intended use of the
property that do not apply generally to the property or class oE use in the
same vicinity and zone.
5. That the requested variance is necessary for the preservation
and enjoyment of a substantial property zight possessed by other property in
<` the same vicinity and zone, and denied to the property in question.
i~•'
'~` 6. That the requested varfance will not be materially detrimental
`~`• to the public wel£are or injurious to the
~'" Propecty or improvements in such
±s'.:,:, vicinity and zone in which the property is located.
;~:`
~'`' 7. That no one indicated their
~.'; presence at said public hearing in
,~r: opposition; and that no correspondence was received in opposition to subject
Y'2 ~ petition.
:e;~! EtiVIRONMENTAL IMPACT FINDING: That the Anaheim Cit
Commission has reviewed the proposal to construct a 3-unit apartmentPCOmplex
_ with waivers of masimum structural height, minimum sideyard setback and
ofrland~ c nsisting of raquired parking spaces on a rectangularly-Shaped parcel
Pproximately 6,120 square feet, having a frontage of
';~ approximately 42 feet on the east side of Anaheim Boulevard, and further
described as 828 South Anaheim Boulevard; and does hereby approve the Negative
~u Declaration upon finding that it has considered
toqether with any comments received during the the Negative Declaration
+ further finding on the basis of the Initial Stud pUhlic review process and
~! that there is no substantial evidence that the y an~ any comments received
'; effect on the environment. pr~7ect will have a significant
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 Eound to be a necessary pre*equisite 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 Anaheim
a fee fcr tree planting purposes along Anaheim Boulevard in an
amount as determined by the City Council.
2. That prior to issuance of a building permit, appropriate park and
recreation in-lieu fees shall be paid to the City cf Anaheim in an
amount as determined by the City Council.
3. That prior to issuance of a building permit, the appropriate traffic
siqnal assessment fee shall be paid to the City of Anaheim in an
amount as determined by the City Council for each ne~a dwellin9 unit.
4. That trash storagp areas shall be provided in accordance with
approved plans on Ei1e with the Street Maintenance and Sanitation
Division.
5. That prior to commencement of structural framinq, fire hydrants
shall be inatalled and charged as required and determined to be
necessary by the Chief of the Fire Department,
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PC83-206
6• That street lighting facilities along Anaheim Boulevard shall be
installed as required by the Utilities General Manager in accordance
with specifications on file in the Office of Utilities General
Manager, and that security ir. 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 guarantee the satisfactory completion of the above-mentioned
improvements. Said security shall be posted with the City of
imaheim prior to approval of building permits. The above-required
provements shall bE installed prior to occupancy.
7• That prior to issuance of building permits, the applicant shall
present evidence satisfactory to the Chief Building Inspector that
the progosed project is in conformance with Council Policy Number
542 °Sound Attenuation in Residential Prajects",
8. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 through 3.
g. That prior to the commencement of the activity authorized under this
resolution, or prior to the time that a buil.ding permit is issued,
or within a period of one year from the date of this resolution,
whichever occurs first, Condition Nos, 1, 2, 3, 6 and 7,
above-mentioned, shall be complied with. Extensions for further
time to complete said conditions may be yranted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
10. That prior to final building and zoning inspections, Condition Nos.
4 and 8, above-mentioned, shall be complied with.
Z1. That each set of paiking spaces which includes a tandem space shall
be assigned to one apartment unit.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoptzon of this Resolution is expressly
predicated upon applicant's compliance with each and aIl 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, shall be deemed null and void.
THE FOREGOING RESOliUTION is signed and approved by me this 17th day
of October, 1983.
i-';~ l ! /' ,~ 7
~ ~ .•~_[_t . .;..~ r-~~r~t.~~..
CHAIRWOMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST: '
~G~ ~ /~ ~,,, '
SECRETARY, ANAHEIM CITY PLANNING CON,MISSION
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PC83-206
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I~ Edith L. Hartis, 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
17, 1983, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS~ FRY, HERBST~ KING~ LA CLAIRE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUSHORE, MC BURNEY
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of
October, 1983,
~~/ ~°~/ .ti ~
SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
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PC83-206