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PC 85-06,i ~ ~ RESOLUT:ON N0. PC85-06 • A RESOLUTION OF THE ANAHEIPI CITY PLANNING COMMISSION THAT FETITION FGf~ VARIANCE NO. 3953 BE GRANTED WHEREAS, the r,naheim City Planning Commission did receive a verified Petition for Variance from ARZ~HUR STAHOVICH AND DfARJORIE STAHOVICH, 805 Ramblewood Drive, Anaheim 92gp4, oW~,~r$ QE certain real property situated in the City of Anaheim, County of Orange, State of California described as: L07' 23 OF TR11CT N0. 743~ BEING A SUBDIVISZON GF A PORTION OF T!iE SOUTHWGST QUARTER OF SECTION FIFTEEN (15), TOWNSHIp FOUR ~4) SOUT6~ RAiJGE ELEVEN (11) WESi', S.B,g, & y,, ORANGE COUNTY~ CALIFOR[vIA, RECORDED IN DOOK 22~ pAGg 10~ OFFICIAL MAPS OF' ORA~GE COUNTY~ CALIFORNIA. ~ WHEREAS, the City Pianning Commission did hold a the Civic Center in the City of Anaheim ~m January 7~ 1985ubxic hearing at notice of said public hearing having been dul . at 1:30 accordance with the Y 9iven as required b p~m~' to hear and PLOVjsions of the Anaheim Municipal Code Y law and in ,~ consider evidence for and against said ~ Chapter 18.03, ~. investigate and make findings and recommendations in connection Yhc ew th~;nand~ WHEREAS, said Commission, after due study made by itself and in its np inspection, investigat.ion and evidence and ceports offeced at saidl hearin after due consideration of all following facts: 9, does find and determine the 1• That the petitionec proposes waivers of the following to construct sn 8-unit apartment comp.iex: + SECTiON 18.32.062,012 - Maximum structural hei ht. s ; (1-storv within 150 ft. of single-family F residential zoning permitted; 2_S~eS ~ prooasnd ~t ~5 feet ) 2• That the above-me~tioned waiver is hereby granted on the basis that nearby P.S-A-4.'•,U00 zoned property has a general plan land use designation of low-medium density residential; and on tlie basis that there are special circumstancea applicable to the p~operty scct as size, shape, to o ra location and surroundings which do P 4 property in the eame vicinit R°t apply to other identically zuned deprives the y% and that strict application of the Zoning Code property cf privileges enjoyed by o~her prope,-ties in the identical zone and classification in the vicinity. 3• That there are exceptional or extraordinary circumstances pr conditions applicable tu the property involved or to the intended use of the property that do not apply generally to the property or class of use same vicinity and zone. in the 4• That the requested variance is necessary for the and enjoyment of a substantial property right possessed b the same vicinit Preservation y and zone, and denied to the y other propecty in Property in question. ~k0403r ~ ~ . _ rC t ^ ~",`~~",!',,^~*~~-~+•.-•-.'K°uww,,wu, _ ~~kt4d~~~'~!k4~ r...dv~-,+~ennwxrxc.. . . PC85-06 ; .,,; 5• That the requested variance will not be the public a~elfare or injurious to the and zone in whi.ch the materially detrimental to Property is locatedproperty or improvements in such vicinity ~Apositionb~ and h that~ none 1°~icated their presence at said public hPZ~• petition. cocrespondence was received in opposition to s h:,ect E'clVIRONt7ENTAL IMPACT has reviewed the FINDING: That the q;aheim Cit (Residential 9 proposal to reclassify subject y Planning Commission , A ricultural) 2one to the Rt•1-2400 property Erom the RS-A-43,000 less intense zone to ccnstruct an 8-unit apartmentsidential structural complex withl Wa ~Pramily) or a height on an ircegu.tarly-shaped parcel of approximately 0.47 acre F,avin °f m4Ajmum side of Savanna Street 9 a trontage of a o land consisting of , and furr.ner desr_ribed asp r~ximately 130 feet on the north hereby approVe the NegativF peclaration ~ 3639 West Negative Declaration Savanna Street; and does further to ether Pon fiLeCP9 ~hat it has considered the process and 9 with any comments finding a~ th„ ived durir.g the public r? received that there basis of the initial stud view significant ls nO s~bstanr.ial evidence Y and any comments effect on the environment, that the Pro7ect will have q NOW, T.yEREFORE, BE Ig~ RESOLVED that the Anaheim doe, hereby y~ant subjecc Petition for Variance, u on which are hereby found to be a necessar sUbjer,c P P'°pertY in oider to Y Precequisite to Citizens of the Cit Preserve the safety and y of Ar,~heim; 1' T~'pt prior to iss~~nce of a building s5a11 be paid tu the City of Anaheim, Gffice oE the Utilities Ceneral Manager. 2. City Planning Commission the following conditions the proposed use of the 9eneral welfare of the Fer~~it. primary water main fees in an amount as determined by the That all engineering requicements of the City of Anaheim Street, including preparation of improvement all improvements .s~ch ~lony Savanna as curi;~ and Plar.s and installation of pavemenr, s~~,;~; ~;r~ ucaina f 9uttFr.s, ~_~~;~~I~y~ street be complied with as y f~clliries or 9rading and required by the Cit~ °ther appurtenant work shall specifications on file in the Ofiice of ngineer and in accordance with security in the form of a bond the Cit or cash . certificate Y Enuir,eer; and that . in an amount and form satisf.actor of deposit, letter of be pnsted with the Y to the Cit credit, impcovements. Cl~y tO 9uarantee Y ot Anaheim, shall Said securit the satisfactory completion of said issuance oE building Y shall be posted with the Cit above-required improveme~tsmits, to guarantee the installati~~prior to prior to occupancy, of the That street lighting facilities along Savanna Street shall as requ;red by the Utilities General sPecifications on file ~e xnstalled in the Office of Manager in accordance with th~t security in the Eorm of a bond Utilities c;eneral credit, or ,, . certif.icai:e of Manager, and Anaheim ~~h' in an amount and fnrm satisfactordeposit, letter of ~ sh~ll be posted with the City to y~O the City pg completion of. the above-mentioned improvements,uarantee the posted with the Cit satisfactory The above-required im ~f Anaheim Said security shall be prio: to issuance of building permits. provements shall be installed prior to occupancy. -2- PC85-06 i` f 4. That all driveways shall be desig;ied to accom,~nodate ten (10) foot radius curb returns as require6 by the City Tcaffic Engineer. 5. That gates shall not be installed across any driveway or private street in a manner whict~ may adver.sely aEfect vehiculer traffic in the adjacent public street. installation of any gates within a distance of forty (40) fe?t from said public street right-of-way shall be subject to the review , and approval of the City Traffic Enginecc. 6- That trash storage areas shall be provided and maintained in accordance with aFproved plans on file w~th the StreeL• Maintenance and Sanitation Division. 7. That pr.ior to commencement of ~tr~_~rural framing, fire hydrants shall be installed and charged as required and determined to be necessacj by the Chief ~~f the Fire Department. A. That subject property shall be served by undecground utilities. y• That prior to :ssuance of a bu±lding permit, appropriate patk and recreation in-lieu f~~es shall be paid to the City of Anaheim in an amount as determined by the City Council. 10. That drainage of subject property shall be disposed of in a manr.~r satisfactory to the City Engineer. Tliis shall include constcuction of a storm drain from the westerly terminus of Savanna Street to the Flood ~ontrol Channel. Security in the form of a bond, certificate of depcsit, lettec of credit, or cash, :n an amount and form satisfactory to the :ity of Anaheir~, shall be posted with the City to guarantee the satisfaclory completion of said storm drain. Said security ahal] ue posted with the City prior to issuance of building permits to guarantee installation of the storm drain orior to occupancy. A reimbursement agreement shall be made available to the developer by the Cit-~~ if requested. 11. That a 6-foot hiph ~,~~p;~f by„~~ ;~dll si~all be censtructed and maintained along the northerly, casterly and westerly propert~ lines. 12. Tha~ pcior to issuance of a building Fermil•, the appropriate traffic ~lg.~al assessment fee shall be paid to the City of Anaheim iu an amount as ~etermined by the City Council for each new dwelling unit. 13. That this Variance is granted subject to the completion of Reclassification No. 84-85-18, now pending. 14. That subject property shall be developed substantially in accocdance with plans and specifications on fi].e with the City of Anahnim marked Exhibit Nos. 1 and 2. i5. That the owner(s) of s~bject property shall pay to the City of Anaheim, a fee for tree planting purposes along Savanna ~treet in an zmount as ~Ptermined by City Council. 16. That prior to issuance of a building permit, or within a period of one year from the date of this re~olution, whichever occurs Eirst, Condition Nos. 1, 2, 3, 9, 1G, 12, 13 and 15, above-mentioned, -3- PC85-06 :4~ shall bc complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 17. That prior to final building and zoning inspections, Condition Nos. 4, 5, 6, 8, 11 and 1S, above-mentioned, shall be complied with. BE I: FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of :his Resolution is expcessly predicated upon applicant's compliance with each and all of the conditions hereinabov~ set forth. Should any such condition, or any part thereof, be declared :[ivalid or unenforceable by the Einal judgment of any court of competent ]~~:isdiction, then this Resolution, and any apFrovals herein contained, shall be deemed nutl and void. THt FORBGOING RESOLUTION is signed an~ appraYed by me this 7th day of January, 1985. / ' ~~- ~ '~~ ~ %r J ~ / ~"~CHAIRPIAN, ANAHEI C TY PLANNING COMMISSION ATTEST: / c.l~ ~[ n ~G~+-~~ ~ / • ,~~~/il_1i,~. S~CRETARY, F~NAHEIM CITY PLANNING C021MISSIO' STATE OF CALIE'URNIA ) COUNTY OF OkANGE ) ss. CITY OF ANAHSZM ) I, Cdith L. yarcis, Secretary of th~ nnaheim Cit.~ Planning Commission, do hereby r.e~tify that the focego~ng resolution was passed and adopted at a meeting of r.he Anahei;n City Plannin9 Commi~sion held on January 7, 1985, by the following vote of the memb•~rs thereof: AYES: COMKISSIONERS: DOUAS, BUSHORE~ FRY, FIERBST, K7NG, L~A ('L,71IRFr MC BURNEY NOES: COMMlSSIONERS: NONE ABSENT: C061MISSIUNERS: NONE IN WiTNESS WHEREOF, I have hereunto set my hand this 7th deiy of January, 1985. ~i . . C,~'~~'~- ,~`~. ' ~~~~~, SECRETARY~ ANAHEIM CITY PLANNING COMMISSION PCSS-06