PC 85-91R~SOLUTIOh NU. PC85-91
.~ RESOLUTIO[J OF THE ANAkIgI~q
THAT PE~PITIOtJ FOR VARIAp~~CITY PLANNING COMMISSION
E DIO. 3470 BE GRANTED
WHEREAS, the Anaheim Ciky Plannxng Commission did receive a verified
Petition for Variance froin BERNARD J. STAi;;, pND BILL J. NICKEL, P. 0. Box 225
stanton, CaliEornia 90680, owners, and STEVE SPECK, 3140 Red Hi11 Avenue,
#700, Costa t~1e;a, California 32626, agent for certain real property situated
in the City of Anaheim, County et Ura:gn~ State of California described as:
PARCEL 1 AS SHUWN ON A MAP FILED ZN BOOF 37, PAGE 15 UF PAkCEL
MAPS IN TFiE UFFICE OF Tt1E OP.ANGE COUNTY RECORDER.
WHF:REAS, the City Planninq ••o~~~~;SSion did hold a public hearing a~
the Civic Center in the City of Anaheim un Aprii 1, 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 Municipal Ccde, Chapter 18.03,
to hear and consider evidence tor and against said proposed variance and to
investiga;.e ar~d make findings and recommendations in connection therewith; and
Wf1EREA5, said Commi:;sion, after due inspection, investigation and
~tudy made by itself and in its behalf, and after due consideration of all
fo~aowing f ct~e~orts oftered at said heirin9, does find and determine the
1. ?'hat the petitio~er prooose~ a waiver of the following to
construct a 28-unit apartment complex:
SECTIONS 18.34.062.011 - Maximu~n structural heiqht.
nND 18.34.062.012 (1 stor
---_Y Within 150 feet of single-family
residential zoning, and 2_ s_ t~ries otherwise
permitt~:a; 2 stories at 106 feet from single-
familY ~i:Sidential zon?n to
d stories ~ 7 trG wesC, and
---~_ proposed)
that there•are„specialacircumstancesda waiver is hereby granted on the basis
shape, topograpi~y, location a~d surrou~di~ble to the property such as size,
identically zoned pccpert ngs which do not apply to other
of Y in the same vicinity; and that strict application
the Zoning Code deprives the property of pcivileges enjoyed by other
properties ir the identical. zone and classifical•ion in the vicinity; and
Purther on the basis that the two additional unitc in the below-grade level
will not change th~ height of the curcent complex which is under construction
a~d will not be any closer ~o the single_family residential zone than the
eXisting below-grade garage.
3. That there are eHCeptional ot extraocdinary circumstances or
conditions a~,plicable to the property involvQd or to the intended use of the
property that do not appZy ye,~erally to ttie property or class of use in the
same vicinity and zone.
4. That the requested variance is necessary for the preservatian and
e~Joyment of a substantial property cight possessed by other property in the
same vicinity and zone, and denied to ttie propErty in question.
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5. That the requested variance will not be materiall}• de'.rimenkal to
the public welfare or injurious to the propert,y or i:nprovements in s;ich
vicir.ity and zone in which the property is located.
6. That 7 persons indicated their presence at said public hearing in
opposition; and that no correspon~ence was received in opposition to s~bject
petition.
ENVIkON[4ENTAL Thi,ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct a 28-unit apartment complex
with waiver of maximum structural height on a rectangularly-shaped parcel of
land consisting of approximately 1.0 acre having a frontage of approximately
220 feet on the east side of Nutwoor] Street, and ucing located approximately
325 feet north of the centerline of Tamara Lane ~nd f~.rther described as 1668
South Nutwood Street; and does hereby approve the Negative Declaration upon
finding that it has considered the Negative Declaration together with any
comments rece.ived during the public review process and Eurther finding on the
basis of thc initial study and any comments received that there is no
substantial evitlence that the pr~ject will have a significant effect on the
environment.
NOW, THEREFORE, BE IT RESULVcD that the Anaheim City Planning
Cor~mission does here6y grant subject Pecition for Variance, upon the following
conditions which are hereby tound to be a necessary prp~e,~~~i+:ite to the
proposed use ot the subject property in order to preserve the safety and
general wel£are of the Citizen~ of the City of Anaheim:
1. That gates shall not be :r.stallPd across the driveway in a m~nner
which may adver:,ely affect vehi:ular traffic in the adjacent public
street. Installation uf any gates within a distance of forty (40)
f.eet from said public sL•reet right-of-way ~hall be subject to the
review and approval of the City Traffic Engineer.
2. That the driveways shall be constructed to accommodate ten (10) foot
c~diua cuLU cecurns as ~eyuLCed by the City T[affic Engineet.
3. That the baseTent level containiny the c:overed patking and thc+ two
(2) apartments shall be located moce than 508 below the natural grade
level as measured from the exterior walls of the building.
4. That drainage ci subject property shall bE disposed of in a manner
satisfactory to the City Engineer.
5. That street lighting faailities along Nutwood Stteet shall be
installed us required by the Utilities Ceneral Manager in accotdance
with specificati~ns on file in the Office of Utilities General
Manager, and that security in the form of a bond, certificate of
depos:t, lette: ef credit, or cash, in an amount and form
satisfactory to the City oL Anahetm, shall be posted with the City t~
guarantee the satisfactory completion oE the above-mentioned
improvements. Sai.d security shall be posted witt~ the City oE Anaheim
prior to approval of improvement plans. The above-reyuired
improvements shall be instal'!ed prior to occupancy.
6. That subject pcoper:y sl~a~l be served by under9round utilities.
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7. That all lockable pedestrian and vehicular access gates shall be
equipped with a"knox box" device to the satisfaction of the Chief of
Police and the City Fire Marshall.
8. Thal: trast~ storage ar.eas shall be provided and maintained in
accoruance with aporoved plans an file with the Street Maintenance
and Sanitation Division.
9. That prior to final street inspecL-ions, "NO parking for stceet
sweeping' aigns shall be installed as required by the Street
Maintenance and Sanitation Division and in accor3ance with
specifications on file with said division.
10. That all air conditioning fa~:ilities shall be properly shielded from
view, and the sound buffered from adjacent residential properties.
11. That a 6-foot high masonry bloc:; wall shall be constructed and
maintained along the south property line.
12. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. i through 5.
13. That prioc to issuance of a building permit for the two dwelling
units locar.ed at the below-yra~? parking level, appropriate park and
recreatior. in-lieu fees and traffic: signal assessment fees shall be
paid to the City uf Anaheim in an amount as determined by the City
Councii.
14. That prior to issuance of a building permit for the two dwelling
units located at the par.king leuel, or within a period of one year
from the date of this resolution, whic:hever occurs first, r_ondition
No. 13, above-mentioned, shall be complied with. Extensions for
further time to complete said conditions may be granted in accordance
witti Section 18.03.090 of the Anaheim Munici~al Code.
15. That prior Lo final building and zoning inspections, Condition Nos.
1. 2. 3. 4. 6. 7, B, 9, 10, 11 and 12, above-mentioned, shall be
complied with.
bE IT FURmHER F.ESOLVED that the Anah~im City Planning Commissi.on does
hereby f.ind and deter.mine that adoption of this Resolution is expressly
predicated upon applicant's compiiance with each and all of the conditions
herzinabove set forth. Should a~iy such condition, or any part thereof, be
declared invalid or uneriforcea6le by the final judgment of any court of
competent jurisdiction, then thi.s Resolution, and any approvals herein
contained, shall be deemed null and voi.d.
THE FOREGOING RESOLUTION is signed and app[oved by me this lst day of
April, 1985. /?
~/~'-~-~-' ~ // Gi~~ ~
-- CHAI MAN, ANAHHIPf C'ITY PLANNING COMMISSION
ATTEST;
-- ~~, ~° ~~.
SECRET~RY~ ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
CUUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Ha:ris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on April 1,
1985, by the following vote of the members thereof:
AYES: COMbIISSIONERS: PRY, HERBST, KTNG, t4C BURPIEY
NOES: COMMISSIONERS: BOUAS~ BUSHORf:, LA CI.AIRE
AflSENT: COP121ISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my har.d this lst day of
April, 1985.
"' ~ /~
SECRETARY~ ANAFIEIM CITY PLANNING COMMISSION
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