PC 84-155. . . ~ ' ' , . , ).I G%~~
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RESOI,UTIGN N0. PC84-155
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A RES()LU'.I'ION UF `.L'HF~ ~NAf•IEI,hI CI'PY n7.,ANNING CG~•iMTSSTUN
THAT PETITIO.N F'OR VARTANCE N0. 3384 B.E GRAN'!'ED, IIV PART
WHEK.EAS, the Anaheim Cil•y Planniny Commi~sion did re~eive a ve:ified
Pelition ~or. Variance from DON C. DU~(~ r1ND TAMIRI~ DUKE, 3538 West S::ivanna
Street, Anahea.m, CaJ.ifornia 92804, DUAN~ FREDLRII:K Ai~D SALLY PETERSEN, 60Q
iVUtwood SL•rPets Anal~ein;, California 92804, owners, aiid .10IIN KTNG, 19522
Iyide~encience Lane, H~;ntington Beach, Culifornia 92646, agent for certain real
praperty situafed in thc City of A.n~heim, County oE Ocang~, State of
Califarnia dF~scribed as:
7'HE W~ST 100 FEET UF LO'.C 18 ~F TRAC'r 743 AS PER MAP RECORDED
IN BOQK 22 PAGE 10 UF'~MISCCLI~ANLUUS MAPS~ IN THE QFFICE OF THE
CQUNTY RECORD~R UF SAID COUNTY.
LOT 18 OF TRACT 744, A.S PER MAF~ RECORD~D IN A~UK 2?, p~r,E 10
OP MISCE.i,LANEQUS MAPS, RECOkDS 0~' SAID ORANGE COU[1TY.
EXGEPT T.F1E WEST 1C10 FrET.
WHEK~AS, the City Planning Canmission did hold a public hearing at
the Civic Center in tt~e Ci.ty of Anaheim on April 2, 1984, at 1::i0 p.m., natice
o.~ said public hearic-g having been duly gi~~en as required by 1aw ~:nd in
accordance with ~he provisions oF the Anaheim Municip,37. Code, C;~~apter 18.p3,
to hear and consir,ier evidence Por and ag~insk saic~ proposed vatiance and to
invesi:igate and make findings and recommendztions in connection therewith;
saici public t~earing hauir-c; be~n continued to the pl.anning Commission meeting
of Auyust 6, 1984; and
WH~REAS, sazd Cornmis.;ion, a£ter du~ in~pectian, investigation and
study made by itself anci ~.n i~t~s behalf, and af~er. due con:~ideratian of a11
evide~ce and r.eport~ off.ered at said hearing, does Eind an~ determine the
followir.y £acts :
1. That the petitioner proposes waiv~rs of the t411owing to
coilstruci: a 28-unit apartment com~~lex:
(a) SEC'PION 18.34.062y012 - Maximum structural heiuht.
^;1 storv permitted within 150 ~eet of any
~.ingle-famil.y residential zone boundar,y;
2 stories within 82 ieet proposed)
(b) SECTI~N 18.34.062_.032 - Minimum floor area~
(c) 5EC7'T~N 18.3~.UG3.012 - Minimum landsca~ed ae~k,
(d) SECTION 18.04.043.060 - Permitted encroachments in~o front vard.
ANU 18.34.064.030
(e) SECTZOPJ 10.06.05Q.0123 - Permitted location of tundem arkin
AND 18.34.f)66.010 spaces.
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PC84-155
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2. 'I'hat the above-mentia~:ed waiversi b~y (c,, (.d) and (e~ ar~ hereby clenied
on the k~asis that r.ne pei:itioner submi.tted rzvised~pllns ~limin~~ting said
w a i v e L s. ...~ c~ : r~ ~ Sf• •(d rl ~; 1`~;:.r' r,'1 ,~C:, Y.:,~rl, i'.:r,- ~."c I~c? /i),,l,I4 '~Y~ 7%;(~,-~. =' ~`" /. ~'cid
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3. ~~l~at the requestecl wai.ver (a) is her~.ay gr.anL•ed on the basi~ the
General P1an land use desiynation .Eor the area is meda.um density resideni:a.al
and when nearby pruperties are sa-zoned, the waiver will be unnecessary and on
the basis ~hat there ~re spECial circum~tances applicable ta ihe propec•ty such
as size, shap~, iopography, location and surroundings ~ahich do not apply to
other identically zoned prop;:rty in the same varinity; and that S~L1Gt
application of the Zoning Code deprives the pruperty of privileges enjoyed by
other properties in the identical zone and classif'cation in the vicinity and
subject to Interde~artmental C~mrni.ttee .recommendations.
4. mhaL• there are except:,~na1 or axtraordinary circums~ances or
conditi.ons ~pplicable to tt~e propc:rty involvEd ur t~ the intendeu use of the
~roperty that do not anply generally to the ~~roper~y or class ~.~ uye in the
samP vicinity aiid zone.
5. That the request~d variance is iiecessary for the ~reserva~a.on
and enjoyment of a substantial proper.ty right possessed ~y other ~roperty in
the same vicinity anci zone, and denied t~ the propecty ~n qu~stion.
~. That the requNSted variance wi11 not be materially detx~imental
to tre public welfare or injurious to t.h~ p:operty or improvements in such
vicinity and zone in wi~ich the prnper~y is located.
7. That no one indicated their presence ak said puhlic hearing in
apposition; and that no corresponden~~ was received i.n oppo~ition to subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed th~ proposal to reclassify subject property from the
RS--A-43,000 (Resi.dential, Agricultural) Zone ~o the RM-120U (Resi.dential,
Mtiltiple~-Family) Znne ko construct. a 28-unit apartment complex with waiv~r of
maximum structural height on a rectangularly-shaped parcel of land cansi~ting
af approximately 0.78 acre, havin3 a fron~age of zppraxir;~tely 158 Eeet ~n the
soutih side ui: Savanriah Street, and furtk~er described as 3538 West Savanna
Street; and does hereby approve the Negative Declaration upon f.inding that it
has ~ansiderp6 the Negative Declaration together with ~ny comments received
during the public review pro4ess and further finding or~ the b~sis o.f the
initial study and any c~~mments received th~at there is r,o subs~antial evidence
that the pr.oject will have ~ signif~.cant effect ~n l:he environment.
NOF1, THER~FORE, BE IT RESOLVED t.hat the Anaheim City Planning
Commission does hereby grant subject retition for Vari.ance, upoii the f~llowing
conditions which are hereby tound to be a ~Zecessary prerequisite to the
proposed use of the subject property zn order to preser.vP the safety and
general w~lfare of the Citizens of the City of Anaheim:
1. That the ownzr of subject pc•o~erty shall pay to the City of Anaheitn a
fee for tree plar~tinr, purposes along Savanna S~:reet in an amount as
determined by the City Council.
2. That the owner of subj~ct pro~erty shall pay to the City of. Anaheim a
fee for street lighl.iny a1~ng Sa~~anna Street .in an amaunt as
determined b;~ thA City Council.
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3. That ~ubject proper.i:y sha11 be served l~y u-iderground utilities.
4. That this Varianc:~ ~~ granted subject to thc eampletion of
Reclati,sification No. ~33-84-23, now pending.
5. That prior to issuance of a building ptrmi.t, appropriate water
assessment fres sha11 be paid t~ the City of Anaheim, in an amui~nt aa
deterrn:inr~ci by the Office of the Utilitips Generll Manager~
6. That priar to issuance of: a building permit, the appropriate traffi.c
signal assessm~nt f~e shall b~ paid to the City oF Anaheim in an
amo~;nt as determined ~y the City Caun~il Eor eaci~ new dwelling unit.
7. That a11 engineering requirements of the Cit~ c~f ~naheim aJ.ong
Savanna Stree~, including preparation of imprc~vemer~i- plans and
insl•allation of alI improvements such as curbs and gutters,
sic]ewalks, street grading and pavement, sewer and ~~rair-age
facilities, ~r other ap~urtenant wo,:k shall bF comn?ied with as
required by the City Engineer and in accordance witY- specifications
on file in the Office of the City Engineer; and that security in the
form of a bond, certificate o~ deposit, lektEr of credit, or cash, in
an amount and f.orm aatisfactory to the City of Anaheim, ~hall bP
posted witl~ the Ci.ty to guarantee the satisfactory complption of said
imprav~ments, Said security sha11 be posted with tY:e City prxor to
approval of °mpcovement plaz~s, to guarant~e Che installation of the
above-required improvements prior to occupancy.
8~ That prior to r.omm~ncement oP s~ructur.al framing, fire hydrar.ts sha13.
be installed and charg~d as required and deterrnin~d to be necessary
by tne Chief of the Fire Department.
9. That tr~sti sLorage areas ~hall. be provicled in aacordance with
approved p1~ns ~n file with the Street Maintenance and Sanitati.on
Division.
10. That prior to final street in~pections, "No parking for street
sweepiny" siyns shall be i.nstalled a~ required by thF Street
Maintenance and Sa:>>tatiori Division and in accordance with
specifications on £ile with sai.d division.
11. That prior to issuance of building permi.cs, the applicant sha11
present evidence satisfactory to the Chief Building Tnspector that
the propnsed project will be in confurmance with Cauncil Policy No.
542 "Sound Athenuation i.n Residential Projects".
12. 7.'hat prior to issuance of buildirig petmits, the applicant shall
present eviclence satisfactory to the Chi.ef Building Inspector tha~
the rPsiciential units will be in conformance with Noise Inyulation
Standards specifiej in the Califor.nia Administr4tive Code, Tikle 25.
13. That all air conditioning €acilities sha7.1 be properly shielded from
view, and the sounci bufEer.:d from adjacent properties.
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PC.84-155
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1h~ 7'hat pr.ior to issuance oF ~3 building permit, appropra.ate p~rk and
recrFation in-lieu fees sha.t7. be paid to the City of Anahcim in an
~mount as dzter.mined by the City Co~~nci.l.
.15. That: gatPS shaw~.1 not be i-z.stalled across any driveway in a maaner.
which may adv~~rsely affect vehicular Y.raffic in the acijacent public
street. Inska7.lation ~f any gates within a distar~ce of f~rty (40)
Leet .Erom saicl public sl:re~t rights-of-way ~ha11 be subject to th~
review and approval of i:hP City Traffic ~ngineer.
15. That all driveways ~hall be designed to accommodate ten (10) foot
radiu~ curb returns as requa.red by the City Traffic Fngineer.
J.~. That subject property sha11 be developed substantially in accordance
wil.h p].ans and specifications on £ile with the Citl~ of AnaY,eim marked
Revision No. 1 of ~xhibit Nos. .l ~hr~ugh 3.
18. That prior i;r~ th~ ti.mE that a building permit is issued, or within a
period of one y~ar from th~ date of this resolution, whichever occurs
fir.st, Co-~dition Nos. 1, 2, 9, 5, 6, 7, 11, 12 and 14,
above-mentioned, shall be cornplied with. Exten~ions for furth~r time
to complete said r,onda.tions ay be gr.anted in accordance with Section
18.03.090 of the Ar~aheim Municipal Code.
19. That prior to £irial buiiding and ;~oning inspecti.ons, Cor,ditinn N~,~.
3. 9, 13, 16 and 17~ above-mention~d, shal]. be complied wi.th~
BL IT FURTH~R RESOLV.ED that khe Anaheim City Planning Commission does
he.reb,y fznd a~nd deterrnin~ that ac7option of thiG P,esolution is expressly
p redicated upotl applicant's cumpliance wil•h each and a11 of the conditions
hereinabr~ve set f.orl-h. Should any such c~~dition, ur any part thexeof, be
dec3.arecl invalid or u:7enforceab3.e by i:he Eina1 judgment of any ~ourt nf
cor~pel•en~ jurisdiction, then this Resolution, and any approvals herein
containec~, shall be deemed null anc] void.
`!'HE EOREGOING RESOLUTION is signed and apprqved by me,~ his~th day of
Augusl:, .1984. ~ ~~ ...-----
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~._._. ^ HAI MAN, ANAHE2M 't PLANNING COMMISSION
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SEC A12Y~ ANAHEIM CITY PLANNI[3G COMMISSION
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PC84-1.55
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ST}1`rE; C~I~' CAI,TL~OItNIA )
COUNTY OE' URANGE ) :~~ •
r,r~y pF~ ANA[~EIM )
I, L•'dith L„ Eiarris, Secr~tar,y af the Anaheim Ci~y Planning
Comml~sion, do hereby certify that the Eoreguing resolutton w,~s p~'~:~~ed and
ac~opted at a m~eting oi thE~ Anaheim City l~lanning Ccmmission he1c7 on Augusk 6,
1984, by the f~ll~wing votc of the members there~~f:
AXES: GOMMISST~?NERS: BOUP.S, FRY, HGR[35T, ICING, LA CLAIRE,
NUES: CaMMI.:3SIGNERS: NON~
AL~SENT: CUMMISSIONERS: BUSHOI~E, MC f3URNGY
IN WITivESS ~atIERCO~, I have htreui~t~+ set my hand this 6ch day of
Augusr, 1~84. l .
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SECRETARY, ANAHEIM CITY PLANN7NG COMMISSION
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pC84-155