PC 80-101R[SOLUTIO:'J N0. PC 30-1~1
RESOLUT10~1 OF TIiE A'IAHEI?i CITY PLAhI'il~l~ CO!1Mlssinri
THAT PETITIUII FOR VAP.IA^1CE N0. 315h [3F GRA!1T~~
blI1ERFA5, the Anaheim City Plar~iny Conmissi~n di:i receive a verified
Petition for Variance from PFlCIfIC NEl1P0~T D[VFLOPMENT, IMC., 1F3nn Campus Drive~
Nea~port Beach, California 92660, o~.vner, and LAURE~JCF R. GILL, :.22 Fashion Lane. !•`207,
Tustin, California ~2(80, agent, of certain real property situated in the City of
Anaheim, County of Orange, State of l'alifornia described as:
PARCEI 1: Lot 2 of Tract 79~ as per map recorded in [~ook 21! page
2t~of niscellaneous maps in the office of the county recorder of
said county. E;;CEPT112(; there from the 4lesterly ~!5 feet thereof and
the Southerly ~0 feet. AlSO exceoting therefrom ttie Easterly 20
feet.
Wt~EP,EAS, the City Planning Cor~missi~n did schedulr. a public hearing at the
City Hall in the City of Anaheim on June 1!., 193~, at 1:3~ P•M•, notice of said
public hearing having heen duly given as required f,y laa~ and in accordance ~ritth the
provistons of the Anaheim Municipal Code, Chapter 1':.~3, to hear and consider
evidenc~ for and against said proposed varianc~ and to ?nvestiqate and make findin~s
and recommendatlons in connection therev~ith; sa~d pubiic hearing having been
continued to the Planning Commission meeting of June ;~, 193~, and
WHER[AS, said Commission, after due insp~~ction, invPsiigati~n and study made
by itself and in its behalf, and after diae consideratinn of all e~!idence and reports
offered at said hearing, does `ind and determine the folloa~tnn fact_:
1. That the petitioner proposes a vraiver of the follo~•~ing ~o construct a
10-unit apartment complex:
SECTIOPJ 1S.34,062.012 - hlaximum structural heic~ht.
one story permitted v~ithin 150 feet ~if
sing- le-~amily residentiai zontn9;
ttvo stories proposed)
2, That the above-mentioned waiver is hereby qranted on the basis that the
petitioner demonstrated that a hardship exists due to the unusual surroundings in tfie
area, on tlie basts of the unique design of the buildings in ~~~hich no aiindoa~s face the
residential uses to the north, thereby protecting the privacy of the nearby single-
family restdents across Orange Street, and that the taio-story portion of the
structure consists of one hedroom and one hathroom in the pealc area of the roof,
giving an outside appearance of a high sinqle-story building.
3. That there are excepiional or extraorciinary circumstances or conditions
applicable to the property involved or to the intend~d use of the pronerty that do
nat aPply generally to the propPrty or class of use in the same vicinity and zone.
4. That the requested variance is necessary for the preservatian and
enjoyment of a suhstantial property right possessed by other property in the same
vicinity and zone, and denled to the propsrty in question.
PC~9~-1~1
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5. That the requested variance ~•rill not he materially detrfinental to the
public ~•~elfare or injurious to the property or improvements in si.ich vicinity and zone
in which the property is located.
6. That t~~.ro persons indicated their presence at said June 3~, 193!1 publie
hearing in opposition, and one person at the June th, l~f'~ public hearing; and that
no correspondence was received in opposition to the subject petition.
ENVIROMMEMTAL IMPACT FIP~Ditl;: That the Anahein City Plannlna Commission has
reviet•red the proposal to construct a ln-unit apartment com~lex t•~ith a waiver of
maximum structural hetght on a rectangularly-shape~l parcel of land consisting of
approximately 0.35 acre located at the south~•lest corner of Orange Avenue and tilebster
Avenue, having a frontage of approximately 90 feet on thc south side of Orange Avenue
and a frontage of 170 feet on the ti-iest side of l~lebst~r Avrnue; and does hereby
approve the PJegative Declaration from the requirement to prepare an ervironmental
impact report on the basts that there ~rould be no significant inclividual or
cur~ulative adverse environmental impact due to the approval of this Negative
Declaraticn since tl~e Anaheim General Plan designates the subject property for
medium-density residential la~d uses commensurate ~•~ith the proposal; that no
sensitive environmental inpacts are involved in the proposal; that the Initfal Study
submittEd by the petitioner indicates no significant individual or cum~lative
adverse environnental impacts; and that the tlegative ~eclaration substantiating the
foregoing findings is on file in the City of Anaheim Planning Deoartment.
NOId~ THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commisston
does hereby grant subject Pe*_ition for Variance, upon the follo~~ing conditions vrhich
are hereby found to be a nscessary prerequisite to the propose~i use of the subject
property in order to preserve the safety and general o-ielfare of the Citizens of the
City of Anaheim:
1. That the owner(s) of suhject pronPrty shall deed to the Cir~~ ~f +1m hein
a strip of land 32 feet in ~ridth from the centerlines of Orange Avenue and Webster
Avenue anu 15 foot radius property line returns for street widenina purposes.
2. That the oarner(s) of subject property shall pay to tl~e City of Anaheim
a fee, in an amottnt as deternined by the City Council, for tree planting purposes
along Oran9e Avenue and blebster Avenue.
3. That drainage of subject property shall be disposed of in a marsner
satisfactory to the City Engineer.
1E. That the owner of subject property shall pay to the City of Anaheim tl~e
aopropriate parl; and recreation in-lieu fees as determined to be appr~p~iate by the
City Council, said fees to be paid at the time the buildinq permit is issued.
5. That the owner(s) of suhject property shall pay the traffic signal
assessment fee (Ordinance P;o, 3sg6) in an amount as determined by the City Council,
for each n~~r do-~elling unit prior to the issuance of a builciing permit.
~i. That appropriate r~ater assessment fees as deterninec' by the Office of
Utilities General Manager shall be paid to the City of Anahelm prior to the issuance
of a buildinq permit.
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7. That street lightina facilities along Orange ~venue and Webster Avenue
shall be installed as required by the Office of (Jtilities General Ptanager, and in
accordance ioith specifications on file in the Office of Utilities General Manager;
and/or that a bond, certificate of deposit, letter of credit, or cash, in an a~ount
and Porm satisfactory to tiie City of Analieim shali he posted o-~ith the City to
guarantee the installation of the above-mentioned requirer~ents prior to occupancy.
3, That trash storage oreas shall be nrovided in accordance ~•~ith approved
plans on file with the Office of the [;:ecutive Director of Puhlic lJorks.
9. That a11 basement and/or suhterranean garage areas shall include
installatton of fire sprinl:lers.
10. That this Variance is granted sutiject to the co^~pletion of
Reclassification No. 6;-61i-67., no~~~ pending.
11. That subject property shall be devel~oed sut,stantially in accordance
tvith pians and specifications on file ~•rith the City of Anaheim markeci Exhibit Nos. t
through ~~.
12. That Condition Nos. 1, 2, 7 anc~ 1~, above-mentioned, shall be complied
with prior to the commencement of the activity authorized uncler this resolution, or
prior to the time that the huildtng permit is issued, or within a perlod of one year
from date hereof, whichever occurs first, or such further time as the Planning
Commisston may grant.
13. That Condition ~los. 3, ~, 3 and 11, above-mention~d, shall he complied
w(th prior to final building and zoninn inspections.
(3E IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and cletermine that adoption of this Resolution is expressly predicated upon
anpl ieant~s c<xnnl i~nc~ ~~i±~ eac~~ ar.c! all of t`~c crnditia~~s herefnabove set rGfCll.
Should any sucli coric~ition, or any part thereof, be declared tnvalid or unenforceable
by the final judgment of any court of cor~petent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and v~id.
TfIE FOREGOIHf, RESOLUTIOF: is signed anu approved by me this 3!1th day of June~
1980.
ATTEST:
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CHAIRI!OMAN, ANAHEIM CI?Y PLAN~IINr, C~MMISSION
ln a~, .~ .°
S~CRETARY, AtJANE IM C I TY PLANtJ I:'JG COM!11 SS 10~!
-3- FC3n-~p~
STATE OF CALIFORtJIA )
COUNTY OF OR,1PIGE ) ss.
C ITY OF ANAHE IPI )
I, Editli L. hlarris, Secretary of the Anaheim City Plannino Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meetin9 of
the Anaheim City Planniny Commission held on June 3~, 1`1~~, by the following vote of
the nembers thereof:
AYES: COMMISSIONERS: DARPlES, BUSHOP,E, FRY, HERBST, KihlG. T(1LA°.
NOES: COMt11S5lONERS: PlOtlE
ABSENT: COAIMISSIONERS: tIOPIE
VACAFlCY: ONE SEAT
It: WITII[SS 4lHEREOF, I have hereunto se~ my hand this 3^.th day of June, 19L~0.
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SECRE~/1RY ~ tlAhlE I M C LAtR; I N, COMM SS I ON
-lE- PC30-101