PC 85-237RESOLUTION PlO. PC85-237
A RESOLUTION OF TNE ANAHEI6f CSTY PLANNING COMMISSION
TEiAT PETITZON FOR VARIANCE N0. 3513 BE r,RANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petirion fnr Vaciance from Ab1ERICAN NATIONAL PROPERiIES, INC., P. 0. Box
10U77, Santa Ana, California 92711-0077, ATTN: JAMES E. TWEEPT, owne[, and
AMERICAN DIVEkSSFIED CAPITAL CORPORATZON, 3200 Pack Center Drive, Costa Mesa,
California 92626, ATTN: JAMES CARTER, and al5o PHILLIPS HRANDT REDDICK, 18012
Sky Park Circle, Irvine, Califocnia 92714, ATTPi: KEN RYAN, agents foc certain
real property situated in the City of ~naheim, County of Ocange, 5tate of
California dzscribed as:
• THOSB PORTIONS OF THE EAST HALF OF THE SOUTHEAST QUARTER OL~ TNG
~' NURTHWEST QUARTER, AND THE SOUTHWEST m
i QUARTER OF THE SOU_fIWEST
~UARTER OF THh NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH~
RANGE 10 WEST~ S.B.B. & P1., ZN THE RANCHO SAN JUAN CAJON DE SANTA
ANA~ IN THE CITY OF ANAHEIPI, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER [9AP RECORDEll IN BOOK 51, PAGE 7 OF MZSCELLANEOUS MAPS,
RECORDS OP 02ANGE COUNTY, DLSCRIBED AS FOLLOWS:
BEGINNING AT A POIP]T ON THE EAST LINE OF SAID EAST HALF OF SAID
SOUTHEAST QUARTER OF SAID NORTHWEST QUARTER, DISTANT THEREON NORTH
0° 02' 20" FAST 4U.U0 FEET FROM THE CENTER OF SAID SECTION 26~ SAID
POINT BEZNG O[~ THE NORTH LINE OF ORANGEWOOD AVENUE, 40.00 FEET WIBE~
AS DESCRIBED IN '^HE DEED TO THE COUNTY OF ORANGE~ RECORDED IN BOOK
231, PAGF. 230 OF DE;EDSr RECORDS OF ORANGE COUNTY; THEPICE ALONG SAID
NORTH LINE NORiH 88° 41' 15' WEST 358.19 FEET TO A LZNE PARALLEL
WITH ANll DISTAyT 2.OU FEET, PIEASORED AT RIGHT ANGLES, WEST FROM THE
SOUTHERLY PROLUNGATION OF THE EAST LINE OF TRACT N0. 3017, AS PER
MAP RECORDED IN BOOK 138, PAGES 15 AND 15 OF MISCELLANEOUS MAPS,
RECORDS OF URANGE COUNTY; THENCE ALONG SAID PARALLEL LINE NORTH 0°
O1' 47" EAST 160.04 FEET; THBNCE NORTH 88° 41' .15" WEST 2.00 FEET
iU SAID EAST LINE OF SAID TRACT tJO. 3Q17; T(~ENCE ALONG SAID EAST
LiNE AND IT'S NOPTIiERLY PROLONGATION NORTH 0° 02' 47" EAST 491.57
FEET TO A POINT ON THE SOUTH LIIJE OF PARCEL 2~ AS PER MAP FILED IN
BOOK 62, PAGE 5 OF PARCEL MAPS RrCGRpS ~F ORANGE COUNTY; TNF,NCF.
ALONG SAID SUUTH LINE SOUTH 86° 44' O1" EAST 308.18 FEET TO THE
SOUTHWESTERLY LINE OF MANCHESTER AVENUE~ 47.00 FEET WIDE, AS SHOWN
ON SAIli PP.RCEL P~P 62/5; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH
39° 30' 19" EAST 159.55 FL•`ET TO THE BEGINNING OF A TAKGENT CURVE
CONCAVE SOUTHWESTERLY AND HAVING A RADJUS OF 970.00 FEET; THENCE
SOUTt3EACTERLY .1LONG SAID CUP.VE AN ARC LENGTH OF 80.76 FEET THROUGH A
CENTRAL ANGLE GF 4° 46' 13'; THENCE TANGENT TO SAID CURVE SOUTH 34°
44' 06' EAST 90.97 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIOS OF 2~0.00 FEET; THENCE
SOUTHEASTERL'1 ALONG SAID CURVE AN ARCLENGTH OF 61.87 FEET THROUGH A
CENTRAL ANGLE OF 16' 06' 49" TO A POINT ON SAID CURVE TO WHICH A
RADIAL LINE BEARS NURTH 71° 22' 43" EAST; THENCE NORTH 88° 40' 28"
WEST 177.&4 FEET TO SAID AFOREMENTIONED EAST LZNE OF SAID EAST HALF
OF SAID SOUTFIEAST QUARTER OF SAID NORTHWBST QUARTER; THENCE ALONG
SAIU EAST LINE SOUTH 0° 02' 20' WES'r 339.90 FEET TO SAID :]ORTH LINE
qF ORANGEWGOD AVENUE AND POTNT OF BEGINNING.
CONTAZNING 257.111 SQUARE FEET OR 5.902 ACRES~ MORE OR I,L•'SS.
U643r PC85-237
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WIiEREAS, the City Planning Commission did hold a public hearing at
ti~e ~ivic Center in the City of Anaheim on October 28, 1985, at 1:30 p,m.,
notice of said public i~earing havina been duly given as required by law and in
accordance with the provisions of Lhe Anahr_im Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed vacianc~ and to
investigate ~nd make findinys and recommendations in connectic~ therewith; and
WHEREAS, said Commission, after ~ue inspection, in~~estigation and
study made by itseli and in its he:~alf, and after due conside[ation of all
evidence and reporL•s offece~ at said hearing, does find and determine the
following facts:
1. That the petitionec proposes waivers of the following to
cunstruct a 204-unit 'afEordable' apartment complAV under authority of State
Government Code Section No. 65915:
(a) SEC4'ION 18.34.061.010 - Minimum buildina site area per dwellinq unit.
(1,200 sq, ft. zequired; 1,086 sq• ft• proposed)
(b) SECTIONS 18.01.200 AND - Maximum structu[al heiqht.
18.34.062.012 (2 stories ?t 30 ft. permitted; 7. stories at
33-ft. and 3 stories at 41 feet ,~roposed)
(c) sECTiON 18.34.063.011 - Minimum landscaped setback.
(20 feet adiacent to Manchestec Avenue required;
0 to 40 ft. adjacent to Manchester Ave. proposed)
(d) SECTIONS 18.04.043.101 - Maximum fence heiaht.
18.34.U64.070 (36 inches in setback area adiacent to Manchester
AND 18.34.068.021 Avenue permitted; 6 feet proposed)
2. That waiver (a) is granted pursuant to Government Code Section No.
65915 whereby 258 of the apartments will be renl•ed to low or moderate income
families and with appropriate rental controls as approved by the City of Anaheim.
3. That waive~ (b) is granted on the basis that there are special
citcumstances app.licable to the property s~ich as ^izo, shapP, ~opo~raphy, location
and sucroundings which do not apply to other identically zoned property in the same
vicinity; and that strict application of the Zoning Code deprives the property of
~~i~~ileges enjoyed by other properties in the identical zone and classification in
..; vicitti~- .
= rhat waivers (c) and (d) are granted on the basis that subject
prooerty is located across the street from a Ereeway and approval of said waivers
provides a means of buffering the proposed residentia.l use from adverse freeway
noise and visibility impacts.
5. That thece ace exceptional or extraordinary circ•:mstances or
conditions applicable to the prcperty involved o~ to the intended use of the
property that do not apply generally to the property or c~.ass of use in the same
vicinitl and zone.
5. That the requested variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other prope,:ty in the same
vicini=y and zone, and denied Co the property in question.
'2' PC85-237
7. That the requested variance will not I~e ma~erially detrimental to the
public welface or injurious to the pcoperty or improvements in such vicinity and
zone in which the properL-y is located.
8. Tha~: no one indicated their presence at said public hearing in
opposition; and that no corres~ondence was received in opposition to subject
petition.
E[JVIRON6tENiAL IMPACT FINDING: Ttiat the Anaheim City Planning Commission
has reviewed the proposal to reclassify subject propecty from RS-A-43,000 (MHP)
(Residential, Agricultural - Mobilehome Park Overlay) to the RM-1200 (Residential,
t4ultip.le-Family) or a less intense zone to construct a 204-unit "aFfordable'
apactment complex with waivers of minimum building site area per dwelling unit,
maxzmum structural height, minimun landscaped setback ard maximum fence height on
an icregularly-shaped parcel of land consisting of approximatn.ly 5.9 acres located
nocth and west of the northwest corner of Otangewood Avenue and Maiichester Avenue,
and further d~;cr.ibed as 801 East Orangewvod Avenue; and does hereby approve the
Negative Declaration upon finding that it has considered the Negative Declaration
t~gethec with any co;nments received during the public review process and further
finding on Lhe basis of the initial study and any comments receive~ thac there is
no substantial evidence that the project will have a significant efYect on the
environment.
NOW, THEREFORE, BE IT RESULVED that the A~aheim City Planning Commission
doe~ he~eby yrant subject Petition for Vaciance, upon the following conditio~s
which are hereby found to be a necessary prerequisite to the oroposed use of the
subject propecty in ocr{=r to ~ceserve the safety and general welface of the
Citizens of the City of Anaheim:
1. That this Variance is granted subject to the adoption of the Zoning
Ocdinance in connection with Recl~ssification No. 85-86-9, now pending.
l. That the owner uf subject property shall pay to the City of ~naheim a fee
for tree planting purposes along ocangewood Avenue and Ftanchester Avenue
in an atn~unt as determined by the City Council.
3. That prior to issuance of a building permit, appcopriate park and
recreation 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 appcopriate traffic
signal assessment fee shall be paid to the City of Anaheim in an amount as
determined by the City Council fur eacn new dwelling unit.
5. That all engineering requirements of the City of Anaheim along Manchester
' Avenue, including preparation of improvement plans and installation of all
~ improvertients such as curbs and gutters, sidewalks, water facilities,
~ stceet grading and pavement, sewer and drainage facilities, or other
aFPurtenant work shall be complie~ with as required by the City Engineer
and in accordance with specifications on file in the Office of the City
Engineer; and that security in the form of a bond, certificate of deposi,t,
; 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
; completi~n oE said imFrovements. Said security shail be posted with the
" City prior to approval of improvement plans, to guarantee the installation
` of the above-required improvenents prior to occupancy.
y -3' PC85-237
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6. 'Phat sidewalks shall ~e installed along Orangewood Avenue as required by
the City Bngineer and in accordance with standard plans and specifications
on file in the Office of the City Engineer.
7. That the driveway shall be c~nstructed to accommodate ten (10) foot radius
curb returns as required by the City Traffic Engineec.
8. That drainage of subject ~roperty shall be disposed of in a manner
satisfactory to the City Engineer, which shall include installation af the
Master Plan sL-orm drain in Orangewood Avenue from Spinnaker Stceet to
Planchester Avenue.
9. That subject property stiall be served by underground utilities.
10. That prioc to comrnencement of structural framing, fire hydrants shall be
installed and chargeci as required and determined to be necessary by the
Chief of the Fire Department.
11. ihat trash storage areas shall be pcovided and maintained in accordance
with approved plans on file with the Street Maintenance and Sanitation
Division.
12. That prioc to issuance of a building permit, primary wate~ main fees shall
be paid to the City of Anaheim, in an amour.t as determined by the Office
of the Utilities Ceneral Manage[.
13. That the ownec oE subject property shall pay to the City of Anaheim a fee
for stceet lighting along Manchester Avenue in an amount as determined by
the City Council.
14. That street lighting tacilities along Orangewood Avenue shall be installed
as zequired by the Utilities General Manager in accordance with
specifications ou file in the office of Utilities General Manager, and
that security in the Eorm of a bond, c~rtificate of deposit, lettec of
credit, or cash, in an amount and form satisfactory to the City of
Ananeim, shall be posted with the City to guacantee the satisfactoty
completion of the above-mentioned impruvements. 5aid secucity shaii be
posted with the City of Anaheim prior to approval of improvement plans.
The above-required improvements shall be installed prior to occupancy.
15. That trash storage aceas shall be prc~~ided and maintained in accordance
with approved plans on file with the Street Maintenance and Sanitation
Livision.
16. ihaL• gates shall not be installed across any drivEway in a manner which
may adversely affect vehicular traffic i~ the adjacent public streets.
Installation of any gates within a distance of forty shall be subject to
the review and approval of the City Traffic Engineer.
17. That a six (6) foot high masonry wall shall be constructed and permanently
maintained along the westerly, northerly and easterly property lines,
excepting the required front setback area adjacent to Orangewood Avenue.
18. That all air conditioning facilities and other roof and gtound mounted
equipment; shall be properly shielded from view, and the ~ound buffered
fcam adjacent cesidenCial properties).
-A- PC$5-237
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19. That pcior to issuance of building permits, the applicant shal] present
evidence satisfactory to the Chief Building inspector that the proposed
project is in conformance with C~uncil Policy Number 5~2 "5ound
Attenuation in Residential Projects' and with Noise Insulation Standards
~pecified in the California Administrative Code, Title 25.
2U. 1'hat prior to issuance of a building permit, the developer sha.ll enter
into a recorded agreement with the City of Anaheim pursuant to Government
Code Section 65915 to provide that twenty-five percent (258) of the
permitted number of residential un.its shall be rented as low or moderate
income housing as deEined in Govecnment Co~e Section 65915 and with
appropr~.ate rental controls as appcoved by tne City of Anaheim for a
period of not lecs than t~enty (20) years fcom the dar.e of is~uance of
occupancy permits.
21. That subject property shall be developed substantially in accordance with
plans and specifications on file :~ith ~he City of Anaheim marked Exhibit
P7os. 1 through 3.
22. That pcior to issuance of a building permit, or within a period of ~ne
year from the date oF this resolution, wtiichever occurs first, Condition
N~s, 1, 2, 3, 4, 5, 12, 13, 14, 19 and 20, above-mentioned, shall be
complied with. Extensions for furthec time to complete said conditions
may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
23. ihat prior to final building and zoning inspections, Condition Nos. 5, 6,
~, ~, 9, 11, i4, i5, 16, 17, 18 and 21, above-mentioned, shall be compli=d
with.
bE IT FURiHER RESOLVED that the Anaheim City Planning Conmission does
hereby find and determine that adoption of this Resolution is Pxpressly predicated
upon applicant's compl:ance with eacli and all of the conditions hereinabove set
forth. Should any such condition, or any part thereof, be declared invali3 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 FOFEGOING RESOLUTIOta is signed and approved by me this 26th day of
Uctober, ]9U5,
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CHAIkWOPfAN, ANAHEIP! CITY PLANNING COPIMISSION
ATTEST: ~
- - ~(Y-'~-`~"-' /~ • /~Vflww i
SECRETARY, ANAHEIM CITY PLANdING CUh1MISSION
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PC85-237
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STATIi OF C'r.:.IFORNIA )
COUNTY OF ORt~NGti ) ss.
CITY OF ANAHEIM )
I, Sdith L. Harris, Secret~ry of the P.naheim City Planning Commission, do
hereby cettify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on October 28, 1985, by the following
vote of the members thereof:
AYES: CUPIM::SSIONERS: flOUiIS, FRY, HERBST~ LA CLAIRE, LAWICKI,
MC BURNEY, MESSE
NUES: CUMMISSIONERS: NONE
ABSENT: COFIPIISSIONERS: NONE
IN WITNESS WHEREOF, I have hereun~o set my hand this 28th day of October,
1985.
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SECRETAR3~, ANAHEZM CITY PLAh'ING COMMISSION
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PC85-237
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