PC 85-145RESOLUTION NO. PC85-145
A RESOLUTTON OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3487 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
WesttBallf ko dec AnaheimatCaliforniaE92p04N a d RT UR p D RUTB ANN PEREZ, 3153
LAP7E, 3157 and 3163 West Ball Road, Anaheim, CalifocniaL92gpqNDownersL~and
MAGDY [iANNp, 4000 MacArthur Roulevard, Suite 6f30, Newport Beach, Californi.a
92G60, agent for certain real property situated in the City of Anaheim, County
of Orange, State ot CaliEornia, described as follows;.
, THAT PURTION OF THE SOOTHWEST QUAFTER OF THE SOUTHWEST
; 4GARTER OF THE SOUTHEAST QUARTER OF SECTION 19~ TOWNSHIp q
SOUTH~ RANGE 11 WEST, SAN BERNARDINO PIERIDIAN~ IN THE CITY OF
ADIAHEIM, COUNTY OF O~ANGE, STATE OF CALIFORNIA~ DESCRIBED AS
FOi.LOWS :
BEGIi~NING AT THE SCUTHEAST CORNER OF THE WEST 2.5 ACRES OF
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
4UARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THEI4CE
NORTH ALONG TNE EAST LSNE OF SAID WEST 2,5 ACRES, 330 FEET OF
THE NORTHEAST CORNER THEREOF; THENCE EAST ALONG THE NORTH
LINE OF THE SOUTH AALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUhRTER OF THL SOUTHEAST QUARTER OF SAZD SECTION~
6G FEET; THEIICE SOUTH PARALLEL TO THE EAST LINE OF SAID WEST
2,5 ACRES, 330 FEET TO A POZNT ON THE SOUTH LZNE OF THE
S~JUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION;
THENCE WEST ALONG SAID SOUTH LINg G6 FEET TO THE POINT OP
BEGINNING.
PARCEL 1:
THE EASTERLY 80.00 FEET OF THE WESTERLY 250.00 FEET OF THE
WEST 2.50 ACRES OF' THE SOUTH HALF OF TNE SOUTHWF.ST np~pT~Z OF
THG SOUTHW~$q' uUE,RTBii Uk' 7'HE SOUTHEAST QUARTER OP SECTION 14~
TOWNSHIP 4 SOUT!i, RANGE 11 WEST IN THE RANCHO LOS COYOTES,
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA~ AS
PER MAP RF,CORDED IN BOOR 51 PAGE 11 OF MISCELLANEOUS MAPS, IN
THF. OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2;
TLiE WEST 2.5 ACRES OF THE SOOTH HALF OF THE SOUTHWEST QUARTER
OF THE SOUTHPIEST ~UAP.TER QF THF. SUUTHEAST QUARTER OF SECTION
14~ TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN TH£ RpNCHO LOS
COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIEORNIA~ AS PER RECORDED IN BOOR 51 PAGE 8 OF
MISCELLANEOUS h1APS, IN THE OFFICE OF THE COUNTY RECORD~;R OF
SAID COUNTY.
EXCEPT THE WESTERLY 250 FEET.
0548r
PC85-145
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WNEREAS, the City Planning Commission did hold a public heating at
the Civic Center in the City of Anaheim on April 15, 1982 at 1:30 p.m., notice
oE said public hearing having been duly given as required by law and in
acco~dance with the provisions of the Anaheim Municipal Code. Chapter 18.03,
to hear and consider evidence for and against said proposed reclassification
and to investi9ate and make findings and cecommendations in connection
therewith; said public hearing having been continued to tt~e Planning
Commission meeting of June 10, 1985; 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 reoorts offered at said hearing, does find and determine the
following facts:
1. That the petitioner p~oposes a waiver of the following to
construct a 52-unit apartment complex:
SECTIUNS 18.34.062.011 - Maximum buildinc hei9ht.
AND~B•3=•Of2•012 (1 storv pecmitted within 150 feet of a
single-family residential zone and 2-
stories permitted bevond 150 feet;
2 stories located 58 feet from sinqle-
family residential zoning to the nocth
proposed)
2, ThaC the ~bove-mentioned waivers are hereby granted on the
basis that thece are special circumstances applicable to the property such as
size, stiape, topography, locacion and surroundings wt~ich do not apply to other
identically zoned property in the same vicinity; and that strict application
of the Zonin9 Code deprives the p~operty of privileges enjoyed by other
properties in the identical zone and classification in the vicinity.
3. That the propose~ variance is hereby granted subject to the
petiticner's stipulation at the public hearing to relocate the swimming pool
and spa at least fifty (5C) feet away from the northern property line.
4. That the:e are exceptional or. extraordinary circumstances uc
conditions applicoble to the ne~ all Y to Vtheeprope ty tor class dof use in the
property that do not apply 9 Y
same vicinity and zone.
5, That the [equested vaciance is necessary for the presecvation
and enjuyment of a substantial property right possessed by othet property in
the same vicinity and zone, and denied to the property in question.
6. That the requested variance will not be~~mi~e~oVementst in esuch
to tlie public welfare or injurious to the pcoperty P
vicinity and zone in which the property is located.
7, That three persons indicated their presence at said public
h?~cing in oppo~ition; and that nu corcespondence was ceceived in opposition
to subject petition.
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EDlVIRONt4ENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the propo~al to ceclassify subject property from the
RS-A-43,U00 (Residential/Agricultural) to the RM-1200 (Residential,
Multiple-Family) or a less intense zone to construct a 52-unit apartment
complex with waiver of maximum building height on a rectangularly-shaped
paccel of land consisting of approximately 1.17 ar.res having a frontage of
approximately 226 feet on the norCh side oi Ball Road, and further described
as 3153, 3157 and 3163 West Bali Road; and doe~ heteby approve the Negative
Declaration upon finding that it has considered the Negative Declaration
together with any comments received ducing the public review process and
further finding on tl~e basis of the initial study and any comments received
that there is no substantial evidence that lhe project wi11 have a significant
effect on tlie enviconment.
NOW, THEREE'ORE, BB IT RESOLVED that the Anaheim CiLy Planning
Commission does hereby grant subj2ct Petition for Variance, upon the following
conditions khich 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 Citizzns of the City~ of Anaheim:
1. That the owr.ec of subject property shall pay to the City of Anaheim
a fee for tree planting purposes along Ball Road in an amount as
d?tecmined by the City Council.
2. That gates shall not be installed across any driveway in a manner
which may adversely affect vehicular traffic in the adjacent public
street. Installation of any gates within a distance of forty (40)
feet from said public stceat right-of-way shall be subject to the
review and approval of the City Traffic Fngineer.
3. 'Phat prior to issuance of a building permit, appropriate park and
cecreation in-lieu 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 appropriate traffic
signal assessment fee shail be paid to the City of Anaheim in an
amount as determined by the City Council for each new dwelling unit.
5. That all existing utility easements on subject property shall be
reviewed by the City Utitities Division to determine if any easement
shall be abandoned or relocated. It shall then be the
responsibility of the ownerjdeveloper of subject property to proce~s
any abandonment or relocation as required by the City Utilities
Division.
6. That the dr.iveways shali be constructed to accommodate ten (10) foot
radius curo returns as required by the City Traffic Engineer.
7, That drainage of subject property shall be disposed of in a manner
satisfactor.y to the City Engineer.
8. That all lockable pedestrian and vehicular access gates shall be
equipped with a"kn~x box" device to the satisfsction of the Chief
of Police and the City Fire Marshall.
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9. That subject property sha11 be served by underground utilities.
10. That prior to commencement of structural frdming, fire hydrants
shall be installed and charged as required and deter~ined to be
necessa~y by the Chief of the Fire Department.
11. That trash storage areas shall be provided and maintaine~ in
accordance with approved plans on file with the Street Maintenance
and Sanitation Division.
12. That a parcel map combining the three ("s) existing lots chall be
submitted to and approved by the City of Anaheim and then be
recorded in the Office of the Orange County Recorder.
13. That pcior to final street inspeetions, 'NO parking fct street
sweeping" signs shall be installed as required by the Street
Maintenance and Sanitation Division and in accordance with
specifications on file with said division.
19. That all air conditioning Eacilities and other roof and ground
mounted equipment shall be p*operly shielded from view, and the
suund bufiered from adjacent residential properties.
15. That prior to iss~ance of building permits, the applicant ohall
present evidence satisfactory to the Chief Building inspector that
the proposed project is in confocmance with Council Policy Number
542 "Sound A~renuation in Residential Projects• and with Noise
Insulation Stand~rds specified in the California Administrative
Code, Title 25.
16. That a six (6)-foot high masonry block wall shall be constructed and
maintained along the nocth property line.
17. That fire sprinklers shall be installed as required by the City Fire
Marshall.
io. '.'i,nt uie pcoposed parkiag structure design shall conform to
Engineering Standard Plan No. 402 pertaining to standard details for
parking stcuctures and ramp requitements.
19. That the basemer.t level containing the covered parking structure
shall be located more than 508 below the natural grade level of the
site as measured from the exterior walls of the building.
20. That this variance is granted subject to the adoption of the Zoning
Ordinance in connection with Reclassification No. 64-85-32, now
pendi~g.
21. That subject property sball be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 an~i 2; provxded, however, that the swimming
pool and spa shali be relocated at least fifty-(50) feet away from
the north pruperty line.
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22. That prior to issuance of a building permit, or within a period of
one yeac from the date of this cesolution, whichever occucs ficst,
Condition Nos. 1, 3, 4, 5, 12, 15, 18 and 20, above-mentioned, shall
be complied with. Extensions for further time to complete said
conditior.s may be granted in accocdance with Section 18.03.090 of
the Anaheim Municipal Code.
23. That prior to final building and zoning inspections, Condition Nos.
2, 6, 7, 8, 9, 11, 14, 16, 17, 19 and 21, above-mentioned, shall be
complied with.
dE IT FUkTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and detecmine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set focth. 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 RESOLUTION is signed and a proved by me this lOth day
of June, 1985. ~~-' 1
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"'CHAIRM~N~ ANAA IM CITY PLANNING COMMZSSION
ATTEST: ~~~ ~ /~~ ,
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SECRETARY~ ANAHEIM CITY PLF~NNING COMMZSSION
STATE OF CALIFORNIA )
COUNTY UF ORANGE ) ss.
CiTY OF ANAHEIPI )
i, Edith L. Harris, Secretary of the Anaheim City Flanning
Commission, do hereby certify that the Eoregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on June 10,
1985, by the followin9 vote ot the members thereoi:
AYE:5: COMMISSIUNERS: B~UAS~ BUSHORE, FRY, KING, LA CLAIRE~ MC BURNEY
NOES: COl1MISSIONER^u: HERBST
ABSENT: COAIMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunEa set my hand this lOth day of
June, 1985. ~p
`~T.~lr~. ,<° :~.ti
SECRETARY, ANAHEIM CITY P ANNING COMMISSION
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