PC 85-220RESOLUTION tJO. PC85-220
A R~SOLUTION OF Tt1E AtJAtIEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NQ. 3510 BE GRANTED
wHERF.AS, the Anaheim City Planning Commission did receive a vetified
Petition fo[ Va[iance Erom ELAINE L. AURTCH, 300U Grover, Eoise, Idaho 83705,
owner, and HUGO A. VAZQUEZ, 619 South Livc Gak Dcive, Anaheim, California
92805, agent fo~ certain real property situated in the City oE Anaheim, County
of Orange, State of California, described as follows:
;lFiAT PORTION OF LOT 27 OF ANAHEIt9 EXTENSIGK, AS SHa47N UPON A
MAP OF SUP,VEX MADE kiY WILLIAM HAMEL IN 1868 AtiD FILED ZN THE
OFFICF. UF T1iE COUNTY RECORLER OF LGS ANGbLES COUNTX~
CALIFURNZA, DESCRZBED Au C•OLLO'r1S:
bE:GINNING AT POINT IN THE CENTER LINE OF VERMONT AVENUE,
DISTANl THEREOF 962.09 Ff:ET NORTHEASTERLY FeZOM ITS INTERSECTION
WI'PH THk~ CENTER LINE 9F PALM STREET AND RUNNI~IG THENCE
NORTHEASTERLY ALONG SAI9 CENTER LINE OF VEkMONT AVENUE, 75
FEET; THENCE SOUTHEASTERLY PARALLEL WITH THE EASTERLY LINE OF
THE PARCEL OF LAND DESCRIBED IN CEHTIFICHTE OF TI'PLE 7725 IN
THE Or^FIi.E OF THE REGISTRAR OF LAt7D TITLE CF ORANGE COUNTY~
CALIFORNZA AND THE EXTENSION OF SAID LINE~ 2~7 FEET; THENCE
SUUTHWF:STERLY PARALLEL WIT~ THE CENTER LINE OF VERMGNT AVENUE~
75 F'EEZ'; THENCE NORTfiWESTERLY~ Pe~Rp.LLEL WITii THE EASTERLY LINE
OF THE PARCF.L OF LAND DESCRIBED :N SAID CERTIFICATE qF TITLE
NU. 7725 AND THE EXTENSION UF SAIO L:NE 257 EEET TO TH£ POINT
UF HEGINNINC.
WHEREAS, the City Planning Cortunission did hold a public hearing at
the Civic Center in the City of P.naheim on September 30, 1985 at 1:30 p.m.,
notice of said public hearing having been duly given as required by law and in
accordance with the provisions of the Anaheim Ftunicipal Code. Chapter 18.03,
tu hear and considec evidence for and against said proposed reclassification
and to investigate and make findi:~gs and recommendations in connection
thecewith; and
WHEREAS, said Commis~ion, afCer due inspection, investigation and
s~~~dy made by itself and in its behalf, and after due consideration of all
evidei,ce and reports offered at said hearing, does find and dekermine the
following L.cts:
1. Thet ti~c Fetit?oner proposec Waivers of the following to
construct a 15-unit •affordaLlo' apartment complex unde~ authority of State
Government Code Sectio:i 65915:
(a) S~CTION 18.34.061.010 - Minimum building site area.
(1,200 sq. ft. per dwelling unit required;
11120 sq. f.t. proposed)
(b) SECTIONS 18.34.062.011 - Maximum structural heiqht.
AND 16.34.062.012 (1 storv at 25 ft. in height permitted
within 150 ft. of single-family
residential zoning; 2 and 3 stories at
30 feet in height ptoposed)
0625r PC85-220
2• That tne above-mentioned waiver (a) is hereby granted on the
basis that aL lea~t 25B (4) of the permitted number of units (151 will ue made
available to persons and families of low or mndcraLe income, in accordance
wit~ California Coue Section No. 6591y,
3- Tliat the above-mentioned waiver (b) is hereby granted on the
bdsis that there are ^pecial 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 2onina Code depr.ives the prop~~tp of privileges enjoyed b
properties in the identical zone and classification in the vicinity,
y other
4• That there are exceptional or extraocdinary circumstances or
conditions appl.icable to the property involved or to the intended use
property trat do not app).y generally to the property or class of use in the
same vicinit of the
y and zone.
5- That the requested variance is necessary for the
and enjo.yment of a substantial property right possessed b
the same vicinity and zone Preservation
~ and denied to the y other propecty in
property in question.
6• That the r?;~ostzO variance will not be materiall~
to the public welfare or injurious to thA property or improveme~ts in such
vicinit and 1 detrimental
Y zone in which the properzy is located.
7• That no one indicated their prese.ncc: at said public hearing in
opposition; a~d that no correspondence ~aas received in opposition to subject
petition.
ENVIRONMENTAL IMPACT FZNDING: That the Anaheim Cit
~ommission has reviewed the pcoposa; to reclassify subject pro ert
RS-A-a3,000 Y Planning
(Residenkial, Agricultural) Zone to p y from the
Multiple-Family) Zone or a less intense zone th~ RM-1200 (Residential,
"affordable" apar.tment ccmplex with waivers af minimum building csite areauand
maximum structural heighl• on a rect.angularly-shaped parcel of land con~isting
of approximate;y 0.35 acre having a fr~~tage op 4~rr~~in;acely 75 feet on the
s~uth ~id~ of 'ver~iion~ Rvenue, further described as 320 West Vermont Avenue;
and does hereby approve the Negative Decl~ration upon finding that it
considered the Negative Declaration together with any comments received during
the has
public review prccess and further finding on lhe basis of the initial
study and any comments received that ~here is no substantial evidence that the
project will have a significant effect on the environment.
N~Wr THEREFORE, gE IT RESOLVED that the Anaheim Cit
Commission does hereby grant subject Petition for Variance, upon the following
conditions which Y Planning
Ar~posed use o
f theP subject pronertto be a necessary prerequisite to the
general welfare of the Citizens ofptheyCit order to preserve the safety and
Y of Anaheim:
1. That prior to issuance of a building permit, appropriate park and
recreation in-lieu fees shall be paid to the City of Anaheim in ~^
amount as determined by the City Council.
2• That priox to issuance of a building 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.
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PC85-220
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3. That sidewalks shall be instal_ed a].ong Vermont Avenue as required
by the City Engineer and in acc~,rdance with standard plans and
, specifications on file in the Of.fice of the City Engineer.
4. That all driveways shall be constructed to accommodate ten (10) foot
radius curb returns as required by the City Traffic Engineer.
5. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
6. That subject property shall be served by underground utilities.
7. That prior to issuance of a building permit, primary water main fees
shall be paid tr, the City of Anaheim, in an amount as determined by
n the Office of the Utilities General Manager.
r
8. That the proposed parking structuce design shall conform to
i Engineering Standard Plan No. 402 pertaining to standard details for
~ parking structures.
i
9. That prior to commencement uf str:actural Eraming, fire hyr]rants
, shall be installed and charged as required and determined to be
necessary by the Chief of the Fire Department.
10. That trash storage areas shall be provided and maintained in
accordance with aoproved plans on Eile with the Street Maintenance
and Sanitation Division.
11. That Eire sprinklers shall be insr_alled as required by the City Fire
[~tarshall.
12. That gatt; shall not be installed across any driveway in a manner
which may adversely affect vehicular traffic in the adjacent public
street(s), Instalinkion of any gates within a distance of sixty
(60) feet from said pub~±c street right(s)-~L•-way shall be subject
to the review and approval oY ~hr Citp irnftic i3ngiucec.
13. That ali air conditioning facilities and other roof and g:ound
mounted equipment. shall be properly shieided from view, and the
sound buffeced frem adjacent residential properties.
].4. That a six (6)-foot high masonry block wall shall be constructed and
permanently maintained along the westerly, southerly and easterly
property lines, excepting that the fence height in the required
front setback area shall be a maximum of 36 inches in height.
15. That prior to issuance of a building permit, the developer shall
enter into a recorded agreement with the City of Anaheim pursuant to
Governmenc Code Section 65915 to provide that twenky-five percent
(z5~) of the permitted number of residential units shall be rented
as low or moder.ate income housing as defined in Government Code
Section 65915 and with appropriate rental controls as approved by
the City of Anaheim for a period of not less than twenty (20) years
from the date of issuance of occupancy permits.
-3- PC85-220 ;~
16. That this Variance is granted subject to the adoption of the Zoning
Ordinance in connectio,^. with Reclassification No. 85-8G-07, now
pending.
17. ThaC the basement level containing the ccveced parking shall be
designed to be located more than 50~ below the natural grade level
of the subject property as measu:ed along the pecimeter boundaries
of the site, and as shown on the approved exhibits.
18. That prior to issuance of buil~9ing permits, the applicant ~hall
present evidence satisEactory to the Chief Building Inspector that
the proposed project is in conf.'ormance with Council Policy Number
542 "SOUnd Attenuation in Residential Projects" and with Noise
Insulation Standards specifie2~ in the California Administrative
Code, Title 25.
19. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 through 3.
20. That prior to issuance of a building permit, oc within a period of
one year from the date oE this resolution, whichever occurs first,
COrtditiOn NO~. 1, 2, 7, 8, 11, 13, 14, 15, 16, 17 and 18,
above-mentioned, shall be complied with. E;ctensions for L-urther
time to complete said conditions may be gcanted in zccordance with
Section 18.03.U90 of the Anaheim Municipal Cod?.
21. That prior to fina] building an~ ~oning inspections, Condition Nos.
3, 9, 5, 6, 1D, 11, 13; 14, 17 and 19, above-mentioned, shall be
complied with.
8E I'1' FURTHER RF.SULVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this P.esolution is expressly
predicated upon applicant's compliance wilh each and all of the conditions
hereinabove set forth. ;hould any such condf.tion, or any part thereof, be
declared i~valid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any a~provals herein
contained, sha.ll be deemed nul.l and void.
THE F~JREGOLNG RESOLUTSCN is signed and a~,proved by me this 30th day
of September, ).985.
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C',-~' iLC~~, ~ Gc ~~tiG-u~
CHAIRWOMAN, At7AHEIM CITY PLANNING CQMMISSION
ATTEST•
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SECRETRRY~ 1~NAHEIAI CITY P ANNING COMMISSIOtJ
-`~- PC85-220
l; -_- . . . . . . .
I ~^~. /w~~ .
STATE OF CALIPORNIA )
CUUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretacy of the Anaheim City Planning
Commission, do hereby cer~ify that the foregoinq resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on September
30, 1985, by the following vote oE the members thereof:
AYGS: COMFIISSIONERS: BOUAS, FRY~ HERBST~ LA CLAIRE~ LAWICKI, MC BURNEY~
MEuSE
NOES: COPiMISSIONEkS: NONE;
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of
September, 1585. ~
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SECRETP. Y, AtdA9EIM CITY PLANNING COMMISSION
-5- PC85-320