PC 85-228RESOLUTION N0. PC85-226
A:ESOLUTION OF THE ANAHEIM CITY PLANNING CO[4MISSION
THAT PETITION FOR VARIANCE N0. 3514 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Va[iance from Pn.BLO W. ROSAS, 2115 East Reseda Place, Anai~eim,
California 928U6 & ~OSEPH A. TODHUNTER, 8549 La Daya Avenue, Fountain Valley,
California 92708, owners of certain real property situated in the City of
Anaheim, County of Orange, State of CaliFOrnia described as:
LOT 11, TkP.C1 303~ RIMI~AU SQUARE, AS PER MAQ RECORDED IN BOOK
15~ PAGE 2U OF MISCELLANEUUS MAPS~ IN TEiE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hnld a public hearing at
the Civic Center in t.he City of Anaheim on October 14, 1985, at 1.:30 p.rn.,
notice of said public nearing having been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
lo hear and consider evidence for and against said proposed variance and to
inveatigate and make findings and recommendations in cannection therewith;
said public hearing having been continued to the Planning Commission meeting
of Octobec 28, 2965; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and +_n its bchalf, and aEler due cons;dera~ion of all
evidence and ~eports oEfered at said hearing, does find and determine the
Eollowing facts:
1. That the petitioner proposes waivers of the ?ollowing to
construct a 3-story, 5-unit apart:nent complex:
(a) SECTION 16.34.p61.010 - Minimum b~ildin4 site area per dwellina unit.
(b) SECTION 18.39.U62,011 - Maximum structi:raZ heiqht.
AN~ 18.01.200 (? ctoriAS at 30 fect hiah ~;ermitted; Z ana 3
stories at 29 and 31 feet hiqh proposed)
(c) SECTION 18.34.062.020 - Maxi.mum site coveraqe.
(558 pe~mitted; 698 proposed)
(d) SECTION 18.34,062.037. - Minimum floor area.
(e) SECTION 18.34.063.012 - Minimum structural setback.
(f) SECTION 18.34.063.032 - Minimum recreational-leisure areas.
(g) SECTION 18.34.065.020 - Minimum width of pedestrian accesswavs.
2. That tl~e requested waivers (a), (d), (e), (f) and (g) are hereby
denied on the basis that the original plans submitted were for a 3-story, 6-unit
affordable apartment complex and that revised plans were submitted for a 3-story,
5-unit apartmenk com~lex deleting said waivers.
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PC85-228
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3. That the requested waivers (b) and (c) are hereby granted on the
basis that there are special circumstances applicable to the propert,y s~ch as size,
shape, topography, location and surroundings which do not apply to other
identically zoned property in the same vicinity; and that stricl• application of the
Zoning Code depcives the property of p~ivileges enjoyed by othec properties in the
identical zone and classification in the vicinity.
4. That there are exceptional or extraordinary circumstances ~r
conditions applicable to the p~ope.rty involved or to the intended use of the
property that do not apply generally to the property or class of use in the same
'ricinity and zone.
5. That the reguvsted variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same
vicinity and zone, and denied to the ptopezty in question.
6. That the requested variance will not ~~ materially detcimental to the
public welEare oc injurious to the property or improvements in such vicinity and
2one in which the property is locate~.
7. That no one indicated their presence at said public hearing in
oppo~ition; and that no correspondence was received in opposition to subject
petitiun.
ENVIRONMENTAL IMPAC'P FINDING: That the Anaheim City PlanniRg COmmiSSiOn
has reviewed the propossl to construct a 3-story, 5-unit apartment complex with
waivers of maximum skcuctural height and maximum site covecage on a
cectangularly-shaped parcel of land consisting of approximately 7,057 square feet,
having a frontage of approximately 50 feet on the west side of Melrose Street, and
further described as 123 South blelrose Street; and does hereby approve the Negative
Ueclaration upon findin~ that it t~as considered the Negative Declaratiun together
with any comments received during the public review process and futther finding on
the basis of the initial study and any comments received that there is no
substantial evidence that the project will have a eignificant effect on the
environment.
NOW, THEREFORE, BE ZT RESOLVED that the Anat~eim City Flanntng Commission
does hereby grant subject Petition for Variance, upon ::he f~~llowing conditions
which are hereby found to be a necessary prerF•quisite tc the proposed use of the
subject peoperty in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1. That prior to issuance of a bifilding permit, appropriate park and
recreation in-lieu fees shall be priid to the City oc Anaheim in an amount
as determined by the City Council.
2. That prioc to issuance of a building pet:mit, the approptiate ttaffic
signal assessment fee shall be paid to the ~:ity !~f Anaheim in an a;nount a~
determined by the City Council for •~ach new dwelling unit.
3. That all engineering requirF•mer.ts of the City of Anaheim along Melrose
5treet, including prepacation of improvement plans and installation of all
improvements such as curbs a~~d gutte~_~, sidewalks, water facilities,
street grading and paverient, sewec and drainage facilities, or other
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appurtenant work shall be complied with as required by the City Engineer
and in accordance with specifications on file in the Officp uf the City
Lngineer; and that security in the form of a bond, certificate of deposit,
letter of credit, or cash, in an amount and form satisfactory to the City
of Anaheim, shall be posted with the City to guarantee the satisfactory
completion of said improvements. Said security shall be posted with the
City prior to issuance of building pecmits, to guarantee the inatallation
of the above-required improvenents prior to occupancy.
4. That drainage of subjpct property shall be disposed of in a mannec
satisfactory to the City Engineer.
5. That the driveway shall be constructed to accommodate ten (10) foot Ladius
curb returns as required by the City Traffic Engineer.
6. That prior to issuance oE a building permit, the owner of subject property
shaJ_1 pay to the City of Anaheim a fee for street lighting along Melrose
Street in a~i amount as determined by the City Council.
7. That prioc to issuance of a building permit, the owner of subject propPrty
shall pay to tte City of Anaheim a fee for tree planting purposes along
Meirose Street in an amount as determined by tne City Council.
8. That the proposed parking structure design shall conf.orm to Engineering
Standard Ylan No. 402 pertaining to standard details for parking
strur_tures,
5. That prior to commencement of structural framing, fire hydrants shall be
=nstalled and charged as required and detecmined to be necessary by the
Chief of th~ Fire Department.
10. That tcash stocage areas shall be provided and maintain~~ in accordance
with approved plans on file with the Street Flaintenance and Sanitation
LiVision.
11. That prior to issuance uf a building permit, the developer shall enter
into a recorded agreement with the Cit,y of Anaheim pu:suant to Government
Code Section 65915 to provide that twenty-five percent (25B) of the
permitted numoer of residential units shall be rented as low or moderate
income housing as defined in Covernment Code Sectien 65515 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 '_ssuance of
occupancy perr~itc.
12. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 th[ough 3.
13. That prior to issuance of a building permit, or within a period ~f one
year from the date of thi~ resolution, whichever occurs first, Condition
Nos. 1, 2, 3, 6, 7, 8 and 11, above-mentioned, shall be complied with.
Extensions for fu:ther time to complete said conditions may Le yranted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
14. That prior to final building and zoning in~pections, Condition Nos. 3, 4,
5, 8, 10 and 12, above-mentioned, shall be complied with.
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BE IT FURTHER RESOLVED that the Anat,eim City Planning Commissicn does
hereby find and determine that adoption of this Resolution
predicated upon applicant's cornpliance with each and all
hereinabove set is expressly
forth. Should an of the conditions
declared invalid Y such condition, or any part thereof, be
or unenEocceable 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 RESOLUTIOt7 is signed and approved by me this 2gth day of
October, 1985.
7 `
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(.ftAIRWOMAN, AWAf1EIM C TY PLANNZNG COMMISSION
ATTEST:
~-- ~ .~-~/- ,~.
SECR6TARY, ANAHEIM CITY PLANNING COMt1ISSION
. STATL OF CALZFOi'NTA )
' COUNTY OF CRANGE ) ss.
CITY UF ANAHBZM ~
I, Edith L, Harris, Secreta[y of the Anaheim City Plannin
do hereb}• cectif}• t~~at the foregoing resolution was
meeting of the Anaheim Cit 9 Commission,
Y Planning Commission held on OctobecaZg adopted at a
r'ollowing vote of the member~ tt~ereof:
, 1985, by the
AYES: COMDfISSIONERS: BOUAS, FRY~ FIERBST, L11 CLAiRE~ LF,WZCIiI,
NOES: COl1MISSION ~ Flf.'SSE, MC $GRNE;Y
6ItS: NONE
ABSENT: COMMISSIONERS: NON~
IN WITNESS WHEREOF, I have heceuntu sPt my
October, 1985, har.~ ttis e&th day of
/O1 ?".~. /~ , ~ ~ •
SECRETARY, ANAHEIM CI^_'Y PLANNING
COMMISSION
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PC85-228