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PC 85-83RESOLUTION NO. pC85-$3 A RESOLUTION OF THE ANA[iEIM1: CITY PLANNTNG COMMISSIODI THAT PETITION FOR VARIANCE N0. 3966 BE CRANTED WHEREAS, the Anaheim City planning Commission. did receive Petition for Variance from LOCILE M. PERRYp1AN, 2]0 West Vermont Anaheim, California 92805 a verified Avenue, Suite ~ o~~ner, and KENNGDY 5 flAUSE, 504 West Avenue, situated in F' Orange, California 92668, agent for certain r.eal Chapman described as; the City of Anaheim, County of Oran e PrOAerty 9 , State of Californ.ia THE EASTERLY .1fjg FEET OF THE WESTERLY 218 FEET OF THAS PORTION OF LOT 27, ANAHEI6f EXTENSSON, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A b1AP OF A SURVEY MADE BY WILLIAM HAMEL IN 1868 AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBEA AS FOLLOWS; BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT~ SAID P~INT BEING IN THE ~ENTER LINE OF VERPIONT AVENUE (FORMERLY BROAD STREET) AND DISTANT EASTERLY MEASURED ALONG SAID CENTEP,LINE, 762.09 FEET FROP1 THE INTERSECTION OF SAIL CENTER LINE OF VERMONT AVFNUE WITH THE CENTER LINE OF P;qLM STREET~ SAID POINT OF BEGINNING BEING THE NORTHI3ASTERLY CORNER OF THE LAND DESCRIBED IN CERTIFICATE OF TZ^LE N0. 7155; THENCE SUUTHERLY ALONG TY.E EASTERLY LINE OF THE LAND DESCRIDED IN SAID CERTIFICATE Or' TITLE AND ALONG THE MOST EASTERLY LINE OF THE 22,8053 ACRE 'CRACT DESCRIgED IN CERTIFICATE OF TITLE N0. 6539 TO A POINT ID' THE SODTH LINE OF SATD LOT 27 IN THE CENTER LINE OF BALL ROAD~ WHICH SAID POINT IS DISTANT EAST 775.85 FEET FROh1 THE IN.^.'~R„~'CTION OF THE CENT.:R LINES OF PALM STREET AND BALL ROAD; T!IENCE EAST ALONG THE CENTER LINE fiF BALL ROAD TO THE SUUTHEAS2 CORNER OF SAID LOT 27; THENCE ~ORTHWESTERLY ALONG TiiE EASTERLY LINE OF SAZD LOT 27 TO THE NOR~'HEAST CORNER OF SAID LOT IN THE CENTER LINE OF VER.MONT AVENUE, AND THED]CE SOUTHWESTERLY AI.ONG SAID CENTER LINE TG THE POINT OF BEGINNSNr,, ciiCL;YY' THEREFRCM THAT PORTION THEREOF INCLUDED WITHIN VERMONT AVENUE, ALSO i,XCEPT THEREFROb1 THAT PART TH7RfI0F LYING SUUTHERLY OF A LINE Df.AWN F:ASTERLY ACROSS SAIU ',AND PARALLEL NORTHERLY ~ LIN_; OF SAID LOT 2; FROM A 1~OINT N oWITH THE ~ 1936 FEET FRO!f THE SOUTHWEST CORNER THEi2E0F, ORTH 15 14' WEST ! i WHEREAS, the City planning Commission did hold a ~ the Civic Center in the City of Anaheim on Public hearing at f notice of said public heari~g having been ,~ul Macch 18, 1985, at 1:30 ~ p.m., ~ accordance with the provisions of y 9iven a; r~quired b to hear and conside. the Anaheim Munici.~al Code y law and in ' evidence for and against said ?roposed ~vari nce nd oto investigate and make findings and recommendations in connection therewith; said public hearing having been continued to the Planning Commission meeting of April 1, 1985; arid #0481r PC85-83 4lHEREAS, said Commiysion, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1• •°hat the petitioner proposes a waiver of the followzng Lo construct a 14-unit apartmenk compiex: SECTIONS 18.34.062.011 - Maximum structural hei ht. AND 16.34.062.012 (1 storv permitted within li 5~ et of a single-family residential zone and 2 stor _iPs permitted otherwise; 2 stories at 81 feet and 3 stories at 10_ 4 feet from a single-famiiy residential zone to the north proposed) 2• That the above-mentioned waivers are hereby granted on the basis that there are special circumstances applicable to the property such as size, shape, topography, location and surrou;~dings which do not apply to other identically zoned property in the same vicinity; and that stzict application of the Zoning Code deprives the property of pzivileges enjoyed by other properties in the identical zone and classification in the vicinity. 3• That theze are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 4• That the requested 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 property in question. 5• That the requested variance will not be materia.ily detrimental to the public welfare or injurious to the pruperty or improvements in such vicinity and zone in which the property is located. 6• That two persons indi:ated their presence at said public hearing in oppositicn; and that no c~•~~~~ suuj~ct l~etition. ~r~ndencC was received in opposition to ENVIRONMENTAL ZDiPACT FINDING: 4~hat the Anaheim City Planning Commission has reviewed the with waiver Qp Proposal to construct a 14-unit apartment complex maximum structural height on a rectanyularly-shaped parcel of land consisting of approximately 0.4 acre having a frontage of approximately 108 feet on khe south side of Vermont Avenue, and further described as 210 West Vermont Avenue; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidenre that the oroject will have a significant effect on the environment. NOW, THEREFORE, BE IT RESGLVED that the Anaheim City 2lanning Commission does hereby grant subject Petition Eor Var.iance, upon the following conditions which are hereby found to be a ner_essary pr?requisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City oE Anaheim: -2- PC85-83 1. That the owner of subject property shall pay to the City of Anaheim a fee for tr~e planting purposes along Vermont Avenue in an amount as determined by the City Council. 2. That prior to issuance of a building permit, appropriate park and recreation in-lieu :ees shall be paid to the City of Anaheim in an amount as determined by the City Council. 3. That prior to issuance of. a building permit, the appropriate traffic signal assessment fee snall be paid to the City oY Anaheim in an amount as determined by the City Council for each new dwellinq unit. 4. That sidewalks sha21 be installed alor.g Vermont Avenue as required by the City Encineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 5. That tt~e driveway ehall be constructed to accommodate ten (10) foot radius curb returns as cequired by the City Traffic Engineer. 6. That drainage of subject property sha.ll be disposed of in a manner satisfactory to ~he City Engineer. 7. That subject property shall be served by underground utilities. 8. That prior to commencement of structural framing, fire hydrznts shall be installed and charged as required and determined to be necessacy by the Chief of the Fire Department. 9. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 10. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of ar,y gates within a distance of forty (40) feet from said public 3tCPPt rinht~-of-~ap s2;u21 Le subject to the review and approval o: tt~e City Traffic Engineer. 11. That fire sprinklers shall be installed as tequired ty the City Fire t4arshall. Z2. That street liyhting facilities along Vesmont Avenue shall be installed as required by the Utilities General Manager in accordance with specitications on File in the Office of Utilities General Planager, and that secucity in the form of a bond, ~ertificate of deposit, letter of credit, or cash, in ar. amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory rompletion of the above-mentioned improvements. Said security shall be posted with the Citv of Anaheim prioL to issuance oE building permits. The above-required inprovements shall be installed prior to occupancy. 13. That the proposed parking structure design shall conform to Engineering Standard Pian No. 402 pertaining to standard details foc parking structures and ramp requirements. -3- FC85-83 --, 14. That prior to final stceet i.nspections, 'NO parking for stteet sweeping" signs shall be installed as required by the 3treet Maintenance and Sanitation Division and in accocdance with specifications on Eile with said division. 15. That all air conditioning facilities a~d other roof and ground mounted eqaipment shall be properly shieldEd from view, and the sound buffered fcom adjacent cesidential properti.es. ~6. That subject property shall be developed substantially in acccrdance with plans and specifications on file with the City of Anaheim marked Revision t1o. 1 of Exhibit No. 1 and Exhibit Nos. 2 through 4. 17. That prioc to issuance of a building permit, or. within a period of one year fc~m the date of this resolution, whichever ocours first, Condition Nos. 1, 2, 3, 12 and 13, ab~~ve-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of t-he Anaheim t4unicipal Code. 18. That prior to final building and zo,ing inspections, ,:ondition Nos. 4, 5, 6, 7, 9, 10, 11, 15 and 16, above-mentioned, shall be complied with. BE IT FURTHER nESOLVF.D that the Anaheim City Planning Commis~ion does heceby find aiid determine that adoption of this Resolution i.s expressly predicated upon applicant's co~:~pliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declated invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and ac~y approvals herein contair.ed, shall be deemed null and void. THE cORE~GOING RESOLI:TIGN is si9ned and approved by me tfls lst day of April, 1985• ~~ ~ ~ / ` ~ ~ -__..< - ~ //-~ -: -\: . „~ , ~ ~--<s ~ _ -- -CH IRMAN~' ANAHEIPf IIITY PLANNING COMA!ISSION ATTEST: yn ~dCl ~ a~ ' SECRETARY, ANAHEIM CITY PLANNING COPIMISSiON _q_ PCSS-83 STATE OF CALIFORNZA ) COUNTY UF ORANGE ) ss. CITX OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolutiun was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 1, 1985, by the following cote of t.he membecs thereof: AYES: COMPIISSIONERS: BOUAS, FRY~ HERBSi, KING, LA CLAIRE~ MC BURNEY NOES: COMMISSZONERS: BUSHORE ABSENT: COMMISSiONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 1sE day of April, 1985. ~ SECRETARY~ ANAHEIM CZTY PLANNING COMMISSION -5- PC85-83 ';, ~.. ..