PC 85-148~ ^
RESOLUTION N0. PC85-148
A RESOLUTION GF TFIE ANAHEIM CITY PLANNING CO61b1ISSI0N
THAT PETITION E'OR VARZANCE N0. 3488 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a veri.fied
petiti~~n for Reclassificati~~n from HERBERT ARTHUR TANNF.R, ET AL, 3215 West
Stonybrook Drive, Anaheim, California 92809, owner, and RICHARD PIERCE, 14771
Plaza Drive, Tustin, California 92680, agent for certain real property
situated in the City of Anaheim, County of Orange, State of California,
desccibed as follows:
THE WEST ONE ACRE OF THAT PORTION OF TEIE NORTHEAST QUARTER OF
THE NORTHEP.ST QUARTEZ2 OF THE NORTHEAST QUARTER OF SECTION 22~
ZN TOWt~SHIP 4 SOUTiI, RANGE 11 WEST, IN THE RANCHO LOS
COYUTES, AS SHOWN ON A MAP THEREOF RECORDED IN BG~K 51, PAGE
11, ET SEQ., MISCEL'LANEOUS MAPS~ RECORDS OF SAID ORANGE
COUNTY~ DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT t)N THE NORTH LZNE OF SAIP SECTION 22,
WES'PERLY 462 FEET FROPi THE NORTHF.AST CORN$R THEREOF; THENCE
WEST 198 FEET; THENCE SpUTH 660 FEET; THENCL CAST 198 FEET;
THENCE NURTH 660 FEET TO THE POIN?' OF BEGZNNIt~G.
EXCEPTING THEREFR061 TEIAT PURTION OF THE WEST ONE ACRE
DESCRIBED AS FOLLOWS:
BEGINNING AT A POZNT 462 F'E~T WEST OF THE NORTHEAST CpkNER OF
SAID SECTION 22; RUNNING THENCE WEST 132 FEET; THENCE SOUTH
330 FEET; THENCE EAST 132 YEET; THEt~CE NORTH 330 FEET TO THE
POINT OF BEGINNING.
THE SOUTH ONE ACRE qF THE EAST TWO ACRES OF THAT PORTION OF
THE NORTHEAST QUARTER OE' THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTI(~N 22, IP7 TOWNSHIP 4 SOUTH, RANGE
11 WEST~ IN THE RANCHO LOS ('OYOTES, AS SHOWN ON A MAP UF SAID
RANCHO RECORDED IN BOOK 5!., PAGE 11~ MISCELLANEOUS MAPS,
DESCR2REn T.S ?pLLO'r;S:
BEGINNING AT A PUINT ON THE NORTH LINE OF SAID SECTION 22
4JESTERLY 462 FEET FROM THE N")RTHEAST CORNEF THEREOF; THENCE
WEST 198 FEET; THENCE SOUTH 6b0 FEET; THENCE EAST .198 FEET;
THENCE NORTH 660 FEET TO THE POINT OF BEGINNING.
THE EASTERLX 40 FEET OF R'HE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF THE NORTHSA:T QUAI2TER OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTEli OF SECTZUN 22~ I~7 TOWNSHIP 4
SOUTH~ RANGE 11 67EST~ SAN BERN.4RDIN0 BASE AN'~ MERIDIAN~ IN
THE COUNTY OF ORANGE~ STATG OF CALIFURNIA~ BOUNDEll AND
DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT 462 FEET WE;~T OF THE NORTHEAST CORNER OF
SAID SECTION 22; RUNNING THENC7: WEST 132 CEET; 1'iiENCE SOUTH
330 FEET; THENCE EAST 13'l FEET; 1'HENCE NORTH 330 FEET TO THE
POiNT OF BEGINNING.
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PC85-148
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THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF TdE NORTHEAST QUARTER OF SECTION 22~ SN TOWNSHIP 4
SOUTH, RANGE 11 WEST~ SAN BERNARDINO BASE AND MERIDIAN~
BOUNDED AND DESCRIBED AS FOI~LOWS:
BEGINNING AT POINT 462 FEET WEST OF THE NORTHEAST CORNER OF
SAID SGCTION 22; RUNNING THENCE WEST 132 FRET; THENCE SOUTH
330 FEET; THENCE EAST 132 FEET; THENCB NORTH 330 FEET TO THE
POINT OF IIEGINNIN~.
EXCEPTING THEREFROM THE EASTERLY 40 FEET THEREOF.
WHEREAS, the Ciky Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on June 10, 1985 at 1:30 p.m., rotice
of said public hearing having been duly given as required by law and in
accocdance with the provisions of the Anaheim Municipal Code. Chapter 16.03,
to hear and consider evidence for and against said proposed reclassification
and to investigate and make findings 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 consideraticn of all
evidence and reports offered at said hearing, does find and determine the
following facts:
1. ThaL• the petitioner proposes waivers of the following to
construct a~ f32-unit apartment complex:
(a) SECTIUN 18.34.062.012 - Maximum structucal height.
(1 storv within 150 feet of a sinqle_
family residential zone permitted;
2-stories at 48 to 110 feet from a
sinqle-family residential zone to the
west proposed)
(b) SECTION 19.34.OG2.032 - Maximum number oE bachelor units.
(16 bachelor units permitted;
18 bachelor units proposed)
2. That the above-mentioned waivers are hereby gcanted on the
basis that there are special circumstances applicable to the property such as
size, shape, topography, location and surroundings which do not apply to other
identically zoned property in the same vicinity; and that strict application
of the Zoning Cod,: deprives the property of privileges enjoyed by other
properties in t•he identical zone and classification in the vicinity.
3. That thece are exceptional or extraordinary circumstances or
conditions applicable to the property involved or to the intended use of the
proper.ty that do not apply genecaily to the property or class of use in the
same vicinity and zone.
4. That the requested variance is necessary for the preservation
and enjoyraent of a substantial property right possess=d by other propecty in
the same vicinity and zone, and denied to the property i.n question.
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5. That the tequested variance will not be materially detrimental
to the public welface or injurious to the property oc improvements in such
vicinity and zone ir which the property is located.
6. That no one indicated their presence at said public h?aring in
opposition; and that no correspondence was received in opposition to subject
petition.
ENVIRONME^1TAL IMYACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to recla~sify subject property from the
RS-A-43,000 (Residential, Agricultural) 2one to the RM-1200 (Residential,
Multiple-Family) Zone to conskruct an 62-unit apattment complex with waivers
of maximum structural height and maximum number of bachelor units on a
rectangularly-shaped parcel of land consisting of approximately 2.83 acces,
having a frontage of approximately 203 feet on the south side of eall Road,
and being located approximately 450 fe~t west of the centerline of Knott
Stceet and further described as 3534 West Ball Road; and does hereby approve
the Negative Declaration upon finding that it has considered the Nec,ative
Declaration together with any comments received during the public review
process and Purther finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project wi.ll have a
significant efEect on the environment.
N047, THF.REFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant sul~ject Petition for Variance, upon the following
conditions which ace hereby fcund to be a necessary prerequisite to the
proposed use of the subject preperty in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. That this Variance is granted subject to the adoption of the 2oning
Ordinance in connection with Reclassification No. 84-85•-39, now
pending.
2. That the owner of subject property shall pay to the City of Anaheim
a fee for tree planting purnos~s along 9a11 r~u@ zn az amount as
determined by the City Council.
3. That prior to issuance of a building permit, primary water main fees
shal.l be paid to the City of Anaheim, in an amount as determined by
the Office of the Utilities General Manager.
4. Thak prior ko issuance of a building permit, appropriate pack and
recreation in-lieu fees shall be pain to the City of Anaheim in an
amount as determined by the City Council.
5. That prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
amount as determined by the City Council for each new dwelling unit.
6. That all driveways shall be cons:ructed to accommodate ten (10) foot
radius curb returns as required by t.he City Traffic Engineer.
7. That dcainage of subject property shall be disposed of in a manne~
s3tisfactory to tha City Engineer.
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8. That subject property shall be served by underground utilities.
9. That prior to commencement of structural framing, fire hydrants
shall be installed and eharged as required and determined to be
necessary by the Chief of the Fire Department.
10. That trash storage areas shall be pcovided and maintained in
accordance with approved plans on file with the Street Maintenance
and Sanitation Division.
11. 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 street right-of-way snall be subject to the
review and approval of the City Traffic Engineer.
12. That the proposed parking structure design shall conform to
Enyineering Standard Plan No. 402 pertaining to standard details for
parking structures and ramp requirements.
13. That the basement level containing the covered parking structure
shall be located more cnan SOe below the eatural grade level of the
site as measured Erom the exterior walls of said parking structure.
14. That all lockable pedestcian vehicular access gates shall be
equipped with a'knox box' device to the satisfaction of the Chief
of Police and the City Fire Marshall.
15. That prior to Einal building and zoning inspections, •NO parking for
street sweeping' signs shall be installed as requiced by the Street
Maintenance and Sanitation Division and in accordance with
specifications on file with said division.
16. That all air conditioning facilities and other roof and ground
mounted equipment shall be properly shielded from view, and the
sounci uuLLeCcci i[um aJja~ei~l [esicieutiai ~[uYe[cies.
17. That prior to issuance of buildinq permits, the applicant shall
present evidence satisfactory to the Chief Bui.tding inspector that
the proposed project is in co~iformance with Council Policy Number
542 •SOUnd Attenuation in Residential Projects' and with Noise
Insulation Standards specified in the California Administrati~e
Code, Title 25.
18. That a 6-foot high masonry block wall shall be constructed and
maintained along the west property line.
19. That any proposed parking area lighting fixtures shall be
down-lighted with a maximum height of 12 feet. Said lighting
Eixtures shall be directed away from adjacent property lines to
protect the residential integrity of the area.
20. That subject property shall be developed subsc.~ntially in accordance
with plans and specifications on ~ile with the City oE Anaheim
marked Exhibit Nos. 1 t.hrough 3.
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21. That prior to issuance of a building permit, or within a period of
one year from the date of this resolution, whichever occucs first,
Condition Nos. 1, 2, 3, 4, 5, 17. and 17, above-mentioned, shall be
complied with. Extensions for further time to compiete said
conditions may be granted in accordance with Section 18.03.090 of
the Anaheim Dlunicipal Code.
22. That prior to final building and ~oning inspections, Condition Nos.
6, 7, 8, 10, 11, 13, .14, 15, 16, 1B, 19 and 20, above-mentioned,
shall be complied with.
BE ZT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine khat adoption of this Resolution is expressly
pcedicated upon applicant's compliance with each and all of the conditions
heteinabove set forth. Should any such condition, or any patt 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 approved by me this lOth day
uf June, 1985. ~ ~
~'~- -G ~' i ~._ . sG~.: ~/J:-~
CHAIRMAN~ ANA[iEI CIiY PLANNING COMMISSION
ATTEST:
SECRETA Y~ ANAHEIM CITY PLANNING COMMISuION
STA'rE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
C.iTY OF ANAHEIM )
I, E~ith L. Har[is, Secretary oE 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 10,
1985. by the following vote of the members thereof:
AYES: COPIMISSIONERS: BOUAS~ BUSHORE~ FRX~ HGRBST, KING~ LA CLAIRE~
MC BURNEY
NOES: COMMI3SIONERS: NONE
ABSENT: COMb1ISSI0NERS: NONE
IN WITNESS WHEREOC, I have hereunto set my hand this lOth day of
June, 1985.
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SECRETARY, ANAHEIM CITY PLANNING COMPITSSION
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