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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 ~'y'sx r . ~ _ ;~5}.,i ak..t:r.• . .. . . . . . . .. . . ~ , 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. _2_ PC85-145 `` i 1~'~ ~ ~ . . . . . . . .. . . . . ._ .. . _... _„~ 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. -3- PCSS-145 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. -4 PC85-145 ~. 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 ~` , . / ~ iL! l ~/J C / 7 "'CHAIRM~N~ ANAA IM CITY PLANNING COMMZSSION ATTEST: ~~~ ~ /~~ , /iJ . " r~vv~.cx~ 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 _g_ PC85-145 :"diJkr~n.~..~ ,.. . . " ' . . ... _ . . . .. .