PC 85-211A
RESOLUTION N0. PC85-21.1
A RESOLUTION OF THE ANT~HEIM CITY PLANNING COMMTSSION
THAT PETITION FUR VARIANCE NO. 3504 BE GRANTED, IN PART
WHER~nS, the Anaheim City Planning Commission did receive a verified Petition
tor Variance Erom C,RAY S. KILMER AtJD PAULA S. Y,ILMER, 607 Sou~h Harbor
Doulevard Anaheim, CA 92805, ATTN: MARY VERDUNCh/HUGO VAZQOEZ, ownets of
certain rEa.l, property situated in the City of Anaheim, County of Orange, State
cf California desr.ri.bed as:
iUiS 1~ 2, 3, 26, 27 ANp 2g~ IN gLOCI< 6 OF THE SANTA FE TRACT,
ns SHOWN ON A P1AP RECORDED IN BOOK 21, PAGE 49 OF MISCELLANEOOS
RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPTING THEREFROM
THE SOUTHEkLY RECTANGULAR 11.00 FEET OF SAID LOT 3 AND TFiE
SOUTHERLY RECTANGOLAR 11.00 FE:ET OF SAID L0:' 26.
TH~ SOUTFIEASTERLY RECTANGULAR 11 PEET OF LOT 3 AND ALL OF LOTS 4
AP7D 25, AClD THE SOUTHERLY 11 F~;ET OF LUT 26 OF BLOCK 6~ SANTA FE
TRACT~ IN THE CITY OF AN7~EiEZP1, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP REC0:2DED IN BOOK 21, PAGE 49~ RECORDS OF
LOS ANGELES COUNTY.
the CivicWCenter~inhthelCityloflAnahe m1on1AUgust 191d14B5,~bat hearing at
nor_ice of said pcblic hearing having been dul ' 1:30 p,m,~
accordance with the Y 9=~en as required by law and in
provisions ci the Anaheim Municipal Code, Chcpter 18.03,
to hear and consider evidence for and ayainst said proposed variance and to
investigate and make findings and recommendations in connection therewith;
said public heacing having been continued to the Planning Commission meeting
of September 30, 1:~5; and
WHERF.AS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all
ev.ider,ce and reports offered at said hearing, does find an~3 d^termine ;:}~e
Eollowina fact~•
1• That the petitioner proposes waivers of the following to
construct a 19-unit 'affordable• apartment complex under authority of State
Government Code Sect:on No. 65915:
(~) SECTION 18.34.OG1.010 - D1ini~ bi,ildina site area oer dwPti~
unit. (1Z00 squ~eet required;
1,001 squa_ r~et p~oposed)
(b) SECTION 18.34.062.U11 - Maximum struc:tural hei ht.
(Z S~fes permitted; 2 and 3 stories
proposed)
(c) SECTION 18.34.062.0~0 - Maximum site covera e.
(558 permitted; 62g proposed)
(d) SECTION 18.34.062.032 - Min~~*~~m floor area
(e) SECTION 18.34.063.012 - Ptinimum structural setback.
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' PC85-211
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on the basisThthath subs qu nt tronethealadvertisement,(prevised ereby denied
submitted ~uleting the need for said waivers. Plans were
j. That the above-me.ntioned waiver {a) is hereby qranted on the
basis that at least 258 (4) of the permitted number of units (15) will be made
available to persons and families of low or moderare income, in accordance
with California State Gove:nment Code Section tlo. 65915.
4• That the above-ment-ioned waivers (b) and (c) are hereby grante~9
on ti~e basi.s that the site is surrounded on three siZes by public streets and
further on the basis that there are special circumstances applicable to the
prope~ty such as size, shape, topography, location and surroundings which do
not apply to ot}~er identically zoned property in the same vicinity; and that
strict application of the Zoning Code deprives the property of privileges
enjoyed by other properties in the identir.al zone and classification in the
~icinity
5• That there are exceptional or extraordinary circumstances or
conditions applicable to the property invo2ved or to the intended use nf the
property that do not apply genera~ly to the property or class of use in the
same vicinity and zone.
6• That the requested variance is necessary for the preservation
and enjoyment of a substantial propcrty rigl~t possessed by other prorerty in
the sarne vicinity and zone, and denied to the pcoperty in question.
7. That the requer.ted -:ariance will not be materially detrimental
to the public welFare or injurious to the property or improvements in such
vicinity and zone in wkiich the property is l~~cated.
8. That no one indicated their presence at said public t~earirg in
opposition; and that no cocrespondence was received in opposition to subjAct
petition.
~NVIRONMENTAL IMPACT FTNDIt~G: That the Anaheim City Planning
Cor.unission has reviewed the proposal to construct a 19-unit •affordable•
upartment complex under autl~ority of ~tate Covernment Code Section No. 65915
with waivers oE minimum building site area per dwelling unit, maximum
structural height, and maximum site coverage on a rectanguiarly-shaped parcel
oF land ~:onsisting uf approximately 0.43 acre, located at the southeast cornar
of Cypre:~s Street and Ulive Street, and further described as 220 and 224 North
Olive Street; and does liereby approve the Negative Declaration upon finding
that it has considered the Negative Declaration together with any comments
received duriny the public review process and further finding on the basis of
the inilial study and any comments received that there is no substantial
evitle,nce that the project will have a significant effer,t on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Variance, upon the follow;ng
conditions which are hereby found to be a necessary p~erequisite to the
proposed use of the subject property in order to preserve the safety and
general welfare of the Citi2ens of the City of Ana;ieim:
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PC85-211
1. That the owner of subject property shall irrevocably oEEer to
dedicate to the City of Anaheim a strip of land 32 feet• in width
from the centerline oP the street along O.live Street for street
widening purposes.
Z• That prior to issuance of a building pecmit, appropriate park and
recreation in-lieu fees shall be paid to the City of Anaheim in an
amount as detecmined by the City Council.
3. That prior to issuance uf a buildiny permit, the appropriate traffic
signal assessment Eee shall be paid to the City of Anaheim in an
amount as determined by the City Council for each new dwelling unit.
h• That 311 driveways shall be conscructed to accommodate ten (10) foot
r.adius curb returns as required by ttie City Traffic Engineer.
5. That subject proparty shall be served by underground utilities.
6• ihat trash storage areas shall be provided and maintained in
accor,a.ance with approved plans on file with the Street Maintenance
and Sani~ation Division.
7• That drainage of subject property shall be disposed of in a manner
satisfac*_ory to the City Engineer.
e• ihat strcet lighting tacilities alcng Olive Street, Cypcess Street
and Santa Fe Street :=ha11 be installe9 as required by the Utilities
General Managec in Sccordance with :;pecifications on file in the
Uffice of Ctilities r;enaral Manager, and that security in the form
of a bond, certificate of deposit, letter of credit, or cash, in an
amount and Eo:m satisfactory to ttie City of Anaheim, shall be posted
with the City to guarantee the satisfactory ~:ompletion of the
above-mentic~ed improvements. Said security shall be posted with
the City of Anaheim prior to issuance of building permits. The
above-requiced improvements shall be installed prior t~ occupancy.
9. Tt~at prior to issuance of a building permit, the developer shall
enter into a r.ecorded agreement with the City of Anaheim pursuant to
Government Code Section 65915 to provide that at least twenty-five
percent (258) of the permitted number of residential units shall be
rented as low or moderate income housing as defined in Government
Code section 65915 and with appropriate rental cont-ols as appcoved
by the City of Anatieim for a period of not less than twenty t20)
years from the date of isauance of occupancy permit:;.
10. That the proposed packing stcucture design shall conForm to
Engineerinq Standard Plan No. ~U2 pertaining to standard details for
parking structures.
11. That pcior to commencement of structural framing, fire hydrants
shall be installed and charged as required and determined to be
necessary by the Chief of the Fire Department.
12. That all lockable pedestrian and vehicular access gates shall be
equipped with a'knox box• device to the satisfactior. of the Chief
of Police and the City Fire Marshal.
~3 PCSS-211
13. That f.ire sp~inklers shall be installed as required by the City Fire
Flarsnall.
14. That yates shall nor_ be i.nGralled across any driveway in a manner
wi~ich may advecsely ~~fect v<--:icular traffir in the ad~acent public
street(s). Installaticn of any gates within a distance of sixty
(60) feet from ~aid public str~et right(s)-of-way shall be subject
to the review and approval of the City Traffic Engineer.
15. That prior. to final buildir,g and zoning inspections, •No parking for
street sweeping" signs shall be installed as required by the Street
Maintenance and Sanitatior. Division and in accordance with
specifications on file With said division.
16. That all air conditioning faeilities and other coof and ground
mounted equipmeat shall be properly shielded °-om view, and the
sound buffered Irom adjacent residential propert ,.
17• That prior to issuance of 6uilding permits, the applicant shall
present evidence saF`_sfactory to the Chief Building Inspector that
the proposed pr~ject is in conformance with Council Policy Number
542 'Sound Atter.;~ation in kesidential Projects' and with Noise
Insulation Standards specified in the California Administrative
Code, Title 25.
~H• That the baserient level containing the covered parking shall be
designed to be located more tha~ 508 below the natural grade level
of the subject pcopecty as measuced along the site perimeter, and as
shown on the approved exhibits.
19. That subject property shall be developed substantially in accordance
with plans and specifications on Eile with the City of Anaheim
rnarked Revision No. 1 of Exhibit Nos. 1 through 4.
2U. ihat prior tc issuance of a building permit, or within •~ neriod of
on~ ,~~,,r f-,~;~ ~.~;~. ~„~~. ~_ Li,i~ cesoiution, whichever occurs first,
Condition Nus. 1~ 2~ 3~ B~ 9~ 10~ 13, 16~ 17 and 18~
above-mentioned, sha11 be complied with. Extensions for further
time to complete said conditions may be granted in accordance with
Section 18.03.090 of the Anatieim Municipal Code.
22. That prior to final bu;lding and zoning inspections, Condition Nos.
4, 5, 6, 7, g, 12, 14, 15 and 19, above-mentioned, shall be ^omplied
With.
AE IT FURTHER RESOLVED th~t the Anaheim City Planrting Commission
does tereby Eind and deterrtii~e that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
he[einabove set forth. Should any sucli condition, or any part theceof, be
declared invalid or unenforceable by the final judgment of any court of
competent jurisdicl•ion, then this Resolution, and any approvals lierein
contained, shall be deemed null and void.
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PC85-2i1
TH~ FOREGUING RESOLUTION is signed and approved by me t:his 30th da5•
of September, 1985. ~~
~!~C~L~l~,~~' v ~~ CL' % l ~~'-.f.G-E~J
CHAIRWOMAN~ ANAHEIM CITY PLANNING COMMISSIOIv
ATTESi: G _ ~ ~
/~OC.c..~isL.i ~~/` .
SECR~ ANAHEIM CI2'Y PLA[dNING COMMISSION
STATE OF CALZFCRNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the P.naheim 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 September
30, 1985, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, FRY, LA CLAIRE~ LAWICKI~ MC BURNEY~
NOES: COMMISSIONERS: HERBST
ABSENT: COMMISSIONERS: MESSE
IN WITNESS WHSxEOF, I have hereunto set my hand this 30th day of
September, 1985. n
`~G~'_!~ ~ ~aLl~,,.~`~
SECRETARY, ANAHF.IM CZTY PLA NING COi+IMISSIOt]
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