PC 82-106~
R*:sor,vTiort r10. PC82-10~
A RI:SOLUTIOTd nP' Ti1E ATIAIiEItt CITY PL11fJI~1It~IG cora~ussr.ara
Tl[71T FEiTITION FnR VARIANCE NO. 3?.613 BE GP,I~NTF.D, I11 PAR'l
WHEREAS, the 1lnalieim City Planning Commi.ssion clid receive a verified
Petition for Variance from JO[IN P4IEM, 832 South Y.nott Streer_, Anaheim,
California 92f30~}, owner, of certain real property situated in the City of
Anaheim, County of Orange, State of California described as:
PARC~L 2 OF PARCEL tiAP fi0. 79-269 ItP;CnRDrD I.1 IIOOK 151, PAC~S 39
AtID 40 OP PARCEL PiAPS FILED I:J THF. OFFICE OF TFII; COUiITY R~CORD~R
OF ORAIIC+E COUidTY, CALTFORNIA.
47IIEREr1S, the City Planning Commi.ssion did hold a gublic hearing at the Civic
Center in i;he City of Anahein on Mal 3, 1982, at 1:30 p.m., notice of said public
hearinq having been duly given as requirerl by law and in accordance with t'~e
provisions of ti;e Anaheim tiunicipal Code, Chapter 18.(13, to hear and consider
evidence for and aqainst said oroposed va.riance and to investigate and make findings
and recoimnendations in connection there~aith; said nublic hearin9 having been
continued to the Planning Conmission meeting of June 2, 1982; and
WI3EREAS, said Commi.ssion, after. due inspection, investigati.on and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said t~ear.ing, does find and determine the following facts:
1. That the oetitioner proposes waivers oE the following to construct a
20-unit apartment complex.
(a) SECTION 1F3.3A.062.Oi'2 - Maximtun structural heiqht
(1-story permi.tted within 15i7 feet of
single-fanily residential ~oning;
2-stories proposed)
(b) SECTION 18.34.063.01?. - Minimum landscaped setback
(15 feet required from a local street;
12 feet 6 inches to 15 feet proposed)
( c) SECTIOPJ 18.34.063.022 - t•linimw-n structural setback;
(19 feet required; 5 feet 6 inches proposed)
(d) S~CTION 18.34.0bG.05~ - ILquired screeninq of parkinq facilities).
(Screening of parkinq areas adjacent to
Mungall Drive requirecl; no site screening proposecU
2. Thzt the above-mentioned ~vaivers, (a) ,( c) and (d1 ar.e hereby granted
on the basis that the pe titioner demonstrated that a hardship es:ists in that denial
would deprive subject property of privileges enjoyed by other. properties in the same
zone and vici,iity.
3. That the aY~ove-mentioned caaiver. (b) is herek~,~ denied on the basis that
the petitioner did not derionstrate that a hardshin pertaining to tne prope.rty's si~e,
location. surroundings, topography or shape exists
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4. That ther.e are excepti.onal or ex.tr.zorclinan~ cir.cnmstances o.r. conditions
applicable to the property involved or to the intended u,e, as granted, o£ the
property that do not apPly generally to the pr.operty or class of. use in the same
vicinity and zone.
S. That the recruested variance, as granted, is necessary for the
preservation Znd enjoyment of a substantial property right possessed by other
proper.ty in the sam~ vicinity and zone, and denied to the ~roperty in question.
G. That the rec?uested var.iance, aG granted, will not be materially
detrimental to the public welfar.e or injuriou., to ihe pranerty or improvements in
such vicinity and zone in ~ohich the property is located.
7. That two persons inclicated their presence at said public hearing in
opposition; and tliat no correspondence was received in opposition to the subject
peti.tion.
E,1VIR~ID~iIT~1L I2•fPACT PIPJDItIG: That ttie Anaheim City Planning Coimnission has
reviewed the proposal to construct a 20-unit apartment complex with waivers of-
maximum structural height, minimum landscaped sethac):, minimum structural setback and
required screening of par}:ing facilities on a rectangularly-shaped ~arcel of land
consisting of approxi:nately 0.7 acre, having a frontae~e of apFroxirnately 232 feet on
the north side of flungall Urive, being located anpror.imately 655 feet west of the
centerline of Knott Street ( 37U1 ;•Jest ttungall Drive); and does hereby approve the
Negati.ve Declaration from the re~uirement to prepare an environmental impact report
on the basis that there would be no significant individual or cumulative adverse
environmental imPact due to the approval of this tlegative Declaration since the
Anaheiin General P1 tin designates the subject property for medium-density residential
land uses comrnensurate with the proposal; that no sensitive environmental impacts are
involved in the proposal; that the Initial Study sul~mitted by the petitioner
indicates no significant inciividual or cumulative adverse environmental i~act_a; and
that the t7egative Beclaration substantiating the foregoing findings is on file in the
City of Anaheim Planning Departsnent.
tIOS9, TIiF.REFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant, in part, subject Pe tition for Variance, upon the following
conditions which are hereby found to be a necessary prerequisite to the propose3 use
of the subject property in order to preserve the safety and general welfare o.f the
Citizens of the City of Anaheim:
1. That street lighting facilities along t1unga1l Drive shall be installed as
required by tlie Office of ttie Utilities Genaral blanager in accordance with
specifications oti file in the Office of Utilities General btar.ager; and that
securit~f in the form of a bond, certificate of deposit, letter of credit, or
cash, in an amount and form satisfactory to the City of Anaheim, shall be
posted~vith the City to guar.antee the satisfactory cemnletion of the above-
mentioned improvements. Saici security shall be postecl with the City priar
to approval of building permits. The above-reRuired improver,ients shall be
installed prior to occupancy.
2. TIlat tras}i stnrage areas shall be provided in accorcl~ince with approved plans
on file with the Office oE tlze Esecutive Direct~r of Public Wor}s.
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3, ihat fire h}~cirants shall be installed and chargecl as re~ruired and determined
to be necessary by the Chief. of the Pire nepartment pr.ior to commencement of
structural framing.
'1• ~'hat subject property shall be served by underground utilities.
5. Thzt drainage of suhject prooerty sh111 he dis~osed of in a manner
satisfactory to the City En7ineer.
~• 77iat thc owner of subject property shall pay to the City o£ Anaheim the
aPpmpriate park and recreation in-lieu fees as deterrv.ned to be appropriate
by the City Council, said fees to he paid at the time the building permit is
issued.
7• That the owner(s) of subject property shall pay the traffic signal
assessment fee (Ordinaace ito. 3896) in an amount as determined by the City
Coimcil, for each new dwelling uni~ Prior to the issuance of a building
permi t.
t;. That a 6-foot high nasonry wall shall be constructed alon7 the north and
west property lines,
9• That security gates s`~all not be permitted without expressed aPproval of th~
City Traffic Engineer.
10. That subject property shall be developed substantially in accordance with
Plans and specifications on file with the City of Anaheim marked Revision
=~o. 1 of P:xhibit ~aos. 1 through 3.
11. '.Chat Con dition No~. ~, q, 5~ 8~ g~~; lp~ ~o~P_Mentioned, shall be complied
with prior to final ~uilding and zoning inspections.
j3E IT PUF2TFi~R RESOLVED that the 1lnahein City Planning Commission does hereby
fincl and determii:a that the acioP tion o£ this Resolution is expressly predieated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any conciition or any part thereof, be declared invalid or unenforceable by the
final judcJment of any court of competent jurisdiction, then this Ftesolution, and any
approvals herein contained, shall be deemeci null and void.
TiiE FOREGOING RSSOLUTION is signed and approved by Me this 2nd day of June,
1982.
N11IRt1AN PRO '1'EbiPORE
ANAFIEIt4 CITY PL7INNING CObLn_T.SSION
11ZTEST :
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SECItETARY, ADTAHEIh1 CITY PL11Nt1IT7G COtfi9ISSIOf1
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sTnTr. or• cnLrr• oRrrin >
COUNTY OF ORI~NGE ) ss.
CITY OF APdAIIEI2d )
I, Edith L. Narris, Secretary of the Anaheim City Planning Commission, do
hereby certif.y that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Comnission held on June 2, 1gR2, at 1:30 p.m „ by thP
follaaing vot~ of the members thereof:
AYES: COh4fI5SIONERS; ESAWJES, IIOU11S, FRY, IIERBST, KICIG, 14C BUR?1EY
NOE.S: CONAffSSIOt7ERS; 110NE
AF3SEVT: CONII~IISSIONERS : IIUSIiORE
INT72TNESS WHER~pF~ = have hereunto set
mY hand this 2nd day of June, 1982.
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SECFtET71RY, F1t7pIfEID1 CITY PLANNING COMTIISSION
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