PC 81-97~ ~
R[SOLUTIO!J hl0. Pf,31-97
A RESULUTIOti OF TH[ ANAHEI'1 CITY PLANIIIIJG CO'tt11SSI0tJ
Tf1AT PETITiOiJ FOR V/1P,IA~ICE ~IQ. 321? E3E GRAtiTED
WhIcREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from JEC D, CHAt4G At1D LILLIl1t! CHAtIG, ~+'l.f~~ Dogvrood Aven~e, Seal
Eeach, California ~0740, o~rmers of cerlain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
PARCFL 1: The Southerly half of Lot 7 and the Plortherly °.5 feet
o` Lot 8 of Tract No. 79~. en the f,ity of Anaheim, County of
Orange, StatF of California, as shoi-m on a map thereofi recorded in
book 24, page 2is, Ptiscellaneous Fiaps, records of said Orange
County to~etner i•~ith tl-~~t portion of Lot 1, [~lock A, immediately
adjoining to tfie 41est.
WIiER:AS, the City Planninq Commission did hold a puhlic hearinq at the Civic
Center in the City of Anaheim on May 4, 19II1, at 1:3n p.m., notice of said pubiic
hearing having heen duly given as required 6y ia~•~ and in accordance with the
provisions of the Ar.aheim Municipal Code, Chapter 1~.03, to hear and consider
evidence for and against said proposed variance and to investiaate and make findings
and recom^~endations in connection therer~ith; and
4JHEB[AS, said Corrmission, after due inspection, investigation and study made
by itself and in its behalf, and after due consid~rati~n of all e~•idence and reports
offered at said hearing, does find and deternine *_he folloviing facts:
1. That the petitioner proposes t•~aivers bT tF~P following to construct a
16-unit apartment complex:
(a) SECTIOhI 1u.3lE.Q61.O1Q - ~linimum buildlnq site area.
1200 square eet per unit requireci;
IU5°~ square Teet proposee%
(b) SECTIQPt 18.3l~.~~2.~10 - Maximum structural height.
1 story permitted ~•iithin 150 feet
single-farnily zoning;
2 stories pr~posed)
2. That the ~~~o;;a-mentioned ~•~aivers are herehy granterl on the basis that
the petitioner demonstratcd that a hardship existc due to the long narro~a shape of
the property, and th~at denial ~•~ould deprive suhject propert~ of a privilege being
enjoyed by other prope.rties in Che samc zone and vicinity.
3, Tiiat the.re are exceptional or extraordinary circunstances or cunditions
applicable io the property involved or to the intended use of the property that do
not apply ger;erally to ti~e property or class of use in the sar~e vicinity and zone.
PC81-97
~F. That the requested variance is m=cessary for the prr_servation and
enjoyment of a substantial property right possessed by other rroperty in the same
vicinity and zone, and denied to the property in question.
5. That the requested variance wi11 not he matertally detrimental to the
public welfare or injurious to thc property or imr,rovemer.ts ir such vic(nity and zone
in v~hich the property is located.
~. That no one indicated their ~re_sence at said puhlic hearing in
opposition; and that no correspondence ~•ras received in opposition to ihe subject
petition,
ENVIROPIMEPlTAL lMPACT FINDIPJG; That thc Anaheim Cit~~ P)anning Commissfon has
revie~~ed the proposal to permit construction of a 1~-unit apartment complex wtth
waivers of minimum huilding site area and maximum structural height on a
rectangularly-shaped parcel of land consisting of approximately Q,1s8 acre, having a
f rontage of approximately 63 feet on the west side of ldebster Avenue (655 S~uth
Webster Flvenue); and does hereby approve the Negativ~ Declarat(en from the
requirement to prepare an environmental impact report or~ the basis that there would
be no sigr.ificant individual or cumulative adverse environmental impact due to the
approval of this PJegative Declaration since the Anaheim Generai Plan designates the
sub,;ect property for medium-density residential land uses cortmensurate with the
proposa); *_hat no sensitive environmantal impacts arQ involved in the proposal; that
the Initial Study su!xnitted by the petitioner indicates no significant individual or
cumulative adverse environmentai impacts; and that the Negative Declaration
substantiatin9 the foregoing findings is on file in the City of Anaheim Planning
Department.
N01~1, TFIERFFOP,F., BE IT RESOLVED that the Anaheim City Pianninn Commission
does hereby grant suhject Petition for Variance, upon the follaying conditions o-~h~ch
are hereby found to be a necessary prerequisite to the proposed use of the subject
property in order to preservP r'~~ ~,f~r,. .,:~ _~ , ~. .
~it of Hn , =''~`"" ..`-"~~< <~i L;ie i.itizens Of
y aheim: the
1. That all engineering requiremer~> of the City of Anaheim alona 4/ebster
Avenue including preparation of improvement plans and installation of a~~
improvements such as c~rFs and gutters, sidewal!;s, streeY grading and paving,
drainage faciiities or other appurtenant ~•~orl;, shall be complied ~•~ith as required by
the City Engineer and in accordance ~vith specifications on file in tne Office of the
City Engineer; that atreet lighting facilities along Webster Avenue shall be
installed as requirecl by the Office of the Utilities GEneral ~Manager, and in
accordance a~ith specifications on file in the Office of the Utilities General
1lanager; and%or that a bond, certificate of rleposit, letter of credit, or cash, in an
amount and form satisfactory *_o the City of Anaheim sfiall be posted with the City to
gu~rantee the installation of the af~ove-mentioned requirements prior to occupancy.
Z. That the rnmer(,) of subject property shail p~y to the City of Anaheim
a fee, in an amount as determined by the City Council, for :ree ~lantinn purposes
along blebster Avenue.
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3. i'hat trash storage a~eas shall be provided in accordance ~•~ith approved
plans on file ~•rith t!ie Office of the Executive Director of Puhlic blorks.
h. That firc hydrants shail be install~d and ciiarged as required anri
determined to be necessa ry by the Chief of the Fire Department prior to commencement
of structural framing.
S. That suhject property shall be served hy underground utilities.
G. That drainage of suhject ~ro~erty sha11 be disposed of in a manner
satisfactory to the City Engineer,
7. That the oam er of suhject property shail pay to the City of E4naheim the
appropriate park, and recreation in-lieu fees as determined to be appropriate 6y the
City Council, said Fees to be paid at the time the buildtng permit is issued.
3. ihat the o~~mer!s~ of suhject property shall pay the traffic signal
assessment fee (Qrdinance r~o. 3~9F) i~ ~~ ~~unt as determined by the City Council,
for each ne4~ da~elling unit nrior to the issuance ef a building permit,
9. That subject pro~erty shall be devetoped substanttally in accordance
with plans and specifications on filr_ riith tha City of Anahein marked Exhibit Nos. 1
thraugh 4.
~~• That Ccndition Wos. 1 and 2, above-mentioned, shall be complie~ with
prior to the cemmencement of the activity authorized under tl~is resolution, or prior
to the time thaf. the building permit is issued, or ~Nithin ~ period of one year from
date hereof, whichever occurs flrst, or suc}~ further *.ime as the Planning Commission
may grant.
11. That Condition Plos, ~
;:(t~; _. 3. ., 6 end 9, ~!~rn,~-m..n«t-...,..~ ~~,_,~
rrcor Cu iinal buiidino and zoning in,pections. "" "` '-""~Niiea
BE IT FURTIiER P,ESOLVED tFat the Anafieim City Planning Commission does herehy
find and determine that adoption of thfs kesolution is expressiy predicated upon
app)icant's compliance vfith each and all of the conditions hereinabove set f~ t~~,
Should any such condition, or any part thereof, be declared invali~' or unenforcea~.)e
by the final judgment of any court of competent jurisdiction, then this Resolution,
and any aporovals herein co~tained, shali be deemed null and void,
THE FOREGOING RFSOL!ITIO!I is signed and a~proved by me this 1~th day of May,
19c~7.
~°~'~'~'~ v~ ~'~c<.c_
~HAI~~tqN, A~dAh~EIM CITY PLP 1":I~IG CO~a~4lSSION
ATTEST:
. ~ / _
S[CP.ETAR , ,1MAHEIN CITY F~~N1JIFl~ COh1HiS51C'I
-3- PC8i-~7
STATE OF CAL I FOP,IJ IA )
COUFITY OF ORANGE ) ss,
C ITY OF A~1AHE itt )
hereby certify~thalt the foreooing`resolution U~S passedmandtado~tedlat a~mmeeting~ of
tne Anaheim City Planning Corrmisston held on I•?ay ~~, 1~31, by the follouting vote of
the memb~rs thereof:
AYES: C0~4MISSIOtlERS: BARNES, GOUAS, Kl;lr,, TOLAR
NOES: COMHISSIONERS; HERBST
ABSEPJI': COMM ISS IOPIER;: FRY
AftSTAIPI: COM111SSIONERS: BUSHORE
IN WIT~JESS 4IH[FEOF, I have hereunto set my hand this ~Fth day of Nay, 1931,
_ ~~--~C~, iC. . ~., ,t .
SEC2ETAP,Y, AtJAHEil1 CITY PLA"1NIPlG CnNM{SSlOM
-~'- PC81-97