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PC 75-70~ ~ RESOLUTION N0. PC75-70 A RESOLUTION 0~ THE CITY PLANNING COMMISSION OF THE CITY Of ANAHEIM THAT PF.TITION FOR VARIANCE N0. 2669 BE GRANTED, IN PART. WHEREAS, the City Planning Commission of the City of Anaheim did receive a verified Petition for Variance from OCCIDENTAL LAND, INC., P: 0. Box B, Newport Beach, California 92660 (Owner); WALT KEUSDER, 1691 Kettering S:reet, Irvine, California 92705 ~Agent) of certain real property situated in the City of Anaheim, Caunty of Orange, State of Galifornia described as: PAf~Ciii~ ~.: Deing a portion of LoC 12 and 13 in Block 9 of tlie Golden~,~tate Tract, as shown on 1 map recorded in Bool: G, pa£e G6 aiid 67 oE Pliscellancous Ataps, rccords of said ~r.ange Countv. Said land more yarticularly dcSCYiucd a$ Lollows: Beginning at a poi.nt.on ttie Northwestcrly line of said LoC 12 being South 73° 43' 35" ldest 396.00 feeL• from tt~e Westerly corner of Tract No. 4081 recorded in Book 191, page 35 anc: 36 of Aiisccllaneous Tfaps, rc:cords o~ Orange County; thence par- allcl to the Southc•resterlp line of said Tract No. 4081, South 16° 14' SE" ~ast 195.03 feet Co a point; tl~ence North 73° 43' 35" East 14.G0 feet to a poine thence Soutt~ 16° 14' S3" L'ast 240.00 feet to a point; then~c South 73° G3' 35" SJest 95.00 feet to a point; thence South 16° 14' S8" East 195.00 feet to a point whicli is distant 30.00 fecC measured at right angles North of the cenC~rline oi Miraloma Avenue (Lor~erly Anahien Road); thence parallel to said centerline South 73° 43' 35" [•lest 359.OO.fce.~ to a point; thence North Z6° 14' S6" West 195.00 ieeC te a poi..t; Chence idortt~ 73° 43' 35" East 25.00 feet to a point; thence.North J.6° 14° 53" hTest 130.00 frc_ to a point; thence Nor.th 73° 43' 35" East 7U.00 fcet to a poi~G; thence i~orth 1G" 14~ 58" We$L 174.00 feet to a point; thence North 73° 43' 3~" Base 48.00 f.cet to a point; thence North 16° 14' SS" Tdest 131.03 feet to a point on the NorCho;~sterly line of suid Lots 12 and 13; thence along said Tortt-i- westerly line t:orth 73° 43' 35" East 2E£3.00 feet to the point of beginning. PARCEL 2: Being a portion of Lot 13 in Block 9 of the Golden StaLe Tract, as shoam on a 1•!ap reco:ded in Boolc 4, page 66 and 67, riiscellaneous Tfaps, records o.f said Orange County; said land more particularly described as follows: IIe~inning at a point on the Torthwesterly line oz said Lot 13, being South 73° 43' 35" k'est 684.00 feet from the Sdesterly corner of Tract~No. 4081 Yecorded in Book 191, page 35 and 36 0£ Miscellaneous Tlaps, records oi Orange County; thence parallel with the South~•~esterly line of said Tract No. 4081, South i6° 14' S8" East 131.03 feet to a point; thence South 73° 43' 35" Sdest 'i8.00 feet to a poinC; thence South 16° 14' S8" EasC 174.00 feet to a point; th~nce South 73° 43' 35" West 70.00 feet to ~. point; thence South 16° 14' S8" East 130.00 feet to a point; tlience South 73° 43' 35" i•Test 25.00 feet to a point; thence.South 16° ].4' SII" East 1>>.00 feet to a point ~ahich is distant 30.00 feet measured at right an~les Sorth of the centerline of Atiraloma Avenue (foxmerly Anaheim Road); thence par- alJ.el to said centerlinc Suuth 73° 43' 35" ~dest 116.03 feet to a point on the Northerly line of the Riverside Freeway; thence along sa3d Northerly line of the Riverside Freeway the next f.ive courses and distances: r'orth 62° 09' 43" idest 208.20 feet to a point; North 60° 57' 21" Idest 255.OQ feet to a point; North 61° 52' S6" Flest 123.95 feet to a point; North 64° 15' 24° TJest 207.~+9 feet to a pnint; NorCh 67° 33' 39" TJest 125.05 teet to a point on the northwesterly line ' of said Lot 13; thence along said Torthwesterly line North 73°43' 35" East 928.40 feet to the point ~f beginniag; and WHEREAS, the City Planning Commission did schedule a public hearing at the City Hall in the City of Anaheim on February 3, 1g75, at 1:30 p.m., notice of said sa'sd public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; said public hearing having been continued to the Planning Conn~ission meeting of April 14, 1975; and RESOLUTION N0. PC75-70 .• ~ ~ WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideratien of all evidence and repcrts offered at said hearirg, does find and determine the following facts: l. That the petitioner requests the following waivers from the Anaheim Municipal Code, to construct a 308-unit apartment complex: a. SECTION 18.34.062.032 - Minimum floor area. (700 square feet required; ~ square feet proposed) b. SECTION 18.34.065.020 - Minimum width of pedestrian accessway. r., SECTION 18.34.066.030 - Required enclosure of carports. (18 parking spaces in carports having two wails only) d. SECTION 18.34.066.040 - Access requirement~ between covered parkinq s~aces and dwellin4 units. 2. That Waiver 1-a, above-mentioned, is hereby granted for a minimum Floor area of 499 square feet, as proposed, on the basis that the Planning Commission has previ- ously granted said waiver for bachelor units, not to exceed 2~/0 of the total number of apartment units. 3, That Waiver 1-b, above-mentioned, was eliminated by the resubmittal of plans and, therefore, withdrawn by the petitioner. 4. That Waiver 1-c, above-mentioned, is hereby granted to permit 18 carport spaces to be enclosed by two walls only, to allow for visibility through said carports. 5, That Waiver 1-d, above-mentionPd, was eliminated by the resubmittal of plans and, therefore, withdrawn by the petitioner. 6, That tne petitioner stipulated to participating in the cost of installing a traffic signal at the intersection of Sunshine Way and Miraloma Aven~~e, the cost of said installation to be determined and apportioned by the City Traffic cngineer. 7, That the petitioner stipulated to providing clear access to the subject property from Wallgreen Street to the north, and that there will be no gates, controls,. or other obstructions limiting said access, 8, Thaf the petitioner indicated that they did not contemplate conversion of the proposed apartment complex to condominiums. g, That there are exceptional or extraordinary circumstdnces or conditions applicable to the property involved or to the intended use, as granted, of the property that do not apply generally to the property or class of use in the same vicinity and zone. 10. That the reqvested variance, as granted, 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. 11. That the requested variance, as 9ranted, will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. • 12, That two (2) persons appeared, representing approximately eight (8) persons present at said public hearing in opposition, and a petition containing approximat~ly twenty-two (22) signatures in opposition was received. ENVIRONMENTAL IMPACT REPORT FINDING: That Environmental Impact Report No. 147 (Revision 1), having been considered this date hy the City Planning Commission and evidence, both written and oral, having bee~ presented to supplement said draft EIR ~o, 147 (Revision 1), the Planning Commission believes that said draft EIR No. 147 (Revision 1) does conform to the City and State Guidelines and the State of California Environmental Quality Act and, based upon such information, does here~y recommend to the City Council ttiat they certify said EIR No. 147 (Revision 1) is in compliance with said Environmental Quality Act.' -2- RESOLUTION N0. PC75-70 • ~ NOIJ, THER[~ORF, vE IT RE~t~LUE6 that :he Anaheim City Planning Commission does hereby gr~~t, in part, subject` Petition fyr Variance, upon the following conditions which are hereby found to be a ner..es°aFy prerequisite to the proposed use of the sub~ect przperty in order to preses^~a the safety and general welfare of the Citizens of the G t ty of Aze~~s~ i+~; 1. That c:~is b.Yi-'.~S(4Q is granted s!abject to the completion of Reclassification H~.:: 63-64-5r ~,,.,.; Pgr~C; ;ty, ;, ?~2at sic!er_>~i~CS Shall b;e. ~nstatied alonq Miraloma Way as required by the Cit} Ft~~:~~>er and x~-. -*r.co~•tl2~r.': ;i:i'.h standard ~i.;r~+~' ~~d specifications on file in the ofaic:.• ;rz' the ~;~ . `~;;~:.::~~:; , 3. That s°ex 1~yhti~ f7 ~1 S :>nq Miraloma Way shall be installed as required by the ~:~ecx~:~r of :: UL ~,{as, and in accordance with standard ~lans and specification~; or file .,~: ...n office t~ the Director of Public Utilities and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the installation of the above-mentioned requirements. 4. That the owner(s) of subject property shall pay to the City of Anaheim, the sum of 60t per front foot along Miraloma Way for tree planting purposes. 5. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Uirector of Public Works. 6. That fire hydrants shall be installed and charyed as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 7. That all air-conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 8, That subject propertjr shall be served by underground utilities. 9, That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 10. That the owner(s) of subject property shall pay to the City of Anaheim the ' appropriate park and recreatic,n in-lieu fees as determined to be appropriate by the City Council, satd fees to be paid at the time the building permit is issued. 11. That a traffic signal shall be installed at the intersection of Sunshine Way and 14iraloma Avenue, and the subject property owner(s) sh~ll pay a proportionate share of the cost of said installation, as stipulated to by the petitioner, said proportionate share to be as determined by the City Engineer. 12, That a modified cul-de-sac or some other means of accommodating termination of existin~ public streets and alleys shall be provided at the current westerly termini of Park Lane, Terrace Street, and the three public alleys, subject to the approval of the City Engineer. 13. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1(Revision No. 1~ 2, 3(Revision No, 1), 4, 5, and 6; provided, however, that clear access shall be provided to the subject prope~-ty from Wallgreen Street to the north, said access to have no gates, controls or other obstructions ~vhich would limit the access, as stipulated to by the petitioner. ~ 14. That Condition Nos. 1, 3, and 4, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to tfie time that the building permit is issued, or within a period of ane year from date hereof, whicfiever occurs first, or such further time as the Planning Commission and/or City Council may grant. -3- RESOLUTION N0, PC75-7~ ~ ~ 15, That Condition Nos. 2, 5, 7. 8. 9. 11, 12, and 13, above-mentioned, shall be complied with prior to final building and zoning inspections. THE FOREGOING RESOLUTION is signed and approved ~ me this 1'~th day of April, 1975. -CHA , AN EIM Y PLAN ING COMMISSION ATTEST: ~~e~~.e:~ ~ -~~a-~•J _ SECRETARY, ANAHEIM CITY PLANNING COMMISSIOPi STATE OF CALiFORN~A ) COUNTY OF ORAyGE )ss. CITY OF ANAHEIM ) I, Patricia B. Scanlan, Secretary of the City Fianning Commission of the City of Anaheim, dc hereby certify that the foregoing resolution was passed and adopted at a meeting of the City Planhing Comnission of the City of Anaheim, held on April 14, 1975, at 1:30 p.m., by ~the following vote of the members thereof: AYES: COMMISSIONERS: GAUER, JOHNSON, KING, MORLEY, HERBST NOES: COMMISSIONERS: TOLAR ABSENT: COMMISSIONEkS: FARANO IN WITP:ESS WHEREOF, I have hereunto set my hand this i4th day of April, 1975. ~ • ~ ~ SECRETARY, ANAHEIM CI?Y PLANNI~~ COMMISS~ON -4- RESOLUTION N0. PC75-70