PC 83-164~~•
RESOLUTION N0. PC83-164
A RESOLUTION OF THS ANAHEIM CITY PLANNING COMMISSION
AMEP]DING RESOLUTION N0. PC82-211 GRANTED IN CONNECTION WITH
VARIANCE NO. 3306
WHGREAS, Variance No. 3306 was granted by the Anakieim City Planning
Commission on November 29, 1982, to permit construction of a 639-unit,
condominium complex with waivers of required lot frontage, maximum structural
height, minimum floor atea, minimum landscaped setback, minimum
tecreational-leisure area, minimum distance between buildings, and minimum
number and type of parking spaces on a rectangularly-shaped parcel of land
consisting of approximately 19.57 acres, having a frontage of approximately
660 feet on the north side of Lincoln Avenue; and
WHEREAS, the petitioner has submitted revised plans and request
waivers of the following to construct a 639-unit condominium complex:
(a) SECTION 18.01.130 - Reauired lot fronta!~e.
(All lots required to abut a public street
or alley; 14 lots not abutting proposed)
(b) SECTIONS 18.35.060 - Maximum structural height.
AND 18.31.062.012 (One-story permitted within 150 feet of
sin9le-family residential ~oning;
two and three-stories proposed)
(c) SECTIONS 18.35.060, - Minimum floor area.
18.31.062.0322, (750 sq. ft. for one-bedroom units,
18.31.062.0323, 950 sq. ft. for two-bedroom units and
AND 18.31.062.0324 1,150 sq. ft. for thcee-bedroom units
required; 680 sq. ft., 7f30 sq. ft. and
1,140 s4• ft. proposed)
(d) SECTIONS 18.35.060 - Minimum landscaped setback.
AND 18.31.063.024 (20 ft. required abutting single•-family
residential zoning; 10 to 20-feet proposed)
(e) SECTIONS 18.35.060 - Minimum recreational-leisure area.
AND 18.31.063.030 (1000 sq. ft. per dwelling unit required;
600 sq. ft. proposed)
(f) SECTIONS 18.35.060 - Minimum distance between buildings.
AND 18.31.065.010 (16 ft. to 32 ft. required;
10 ft. to 20 ft. proposed)
(g) SECTIONS 18.35.060 - Minimum number and tvae of parki.ng spaces.
AND 18.31.066.010 (1.598 spaces consisting of: 1,278 standard
spaces enclosed in two car garages and 320
standard open spaces required;
1,475 spaces located in common garage
facilities, tuck-under carports or in
open spaces proposed).
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WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on September 19, 1983, 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 Code, to hear and
consider evidence for and against said proposal to amend said resolution
granting Variance No. 3306, and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all
evidence and reports offered at said hearing, DOES HEREBY FIND:
1. That the petitioner stipulated at the public hearing that the
three-story structure shall be located at a minimum of fifty (50) feet from
the north property line and that revised plans indicating such revision shall
be submitted to and approved by the Planninq Department staff prioc to the
issuance of building permits.
2. That the above-mentioned waivers are hereby granted on the
basis that the petitioner demonstrated that a hardship exists in that any
development of subject property can occur only after extra-ordinary site
preparation is completed because the site was previously used as a landfill
site and there will be extensive trash materiai removal.
3. Th=^ there are exceptional or extraordinary circumstances or
conditions applicable to the property involved or to the intended use of the
ptoperty that do not apply generally to the property or class of use in the
same vicinity and zone.
4. That the requested variance 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.
5. That the requested variance 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.
6. That one person indicated his presence in opposition to subject
petitioner at the public hearing; and that one letter was received in
opposition to subject petition.
ENVIRONMENTAL IMPACT FINDING: Environmental Impact Report No. 253
was previously certified by the Planning Commission on January 24, 1983.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby amend Resolution No. PC83-211 on the basis of the
foregoing findings and subject to the following conditions:
1. That this Variance is granted subject to the completion of
Reclassification No. 82-83-4, now pending.
2. That trash storage areas shall be provided in accordance with
approved plans on file with the Street Maintenance and Sanitation
uivision.
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3• That pr.ior to commencement of structural framing, fire hydrants
shall be installed anc charged as required and determined to be
necessary by the Chief of the Fire Department.
4• That subject property shall be served by underground utilities.
5• That drainage of subject property shall be disposed of in a manner
satisfactoty to the City Engineer.
6• That the issuance of building permits to allow the construction of
subject project in more than one phase of development shall be
subject to the completion of the removal of the underlying land fill
for the area covered by said phase of development in accordance with
an approved Trash Removal Plan.
~• That the owner of subject property shall nay to the City of Anaheim
the appropriate park and recreation in-lieu fees as determined to be
appropriate by the City Council, said fees to be paid at the time
the building permit is issued. Alternatively, the owner may
construct improvements at City parks. Such improvements shall be
made only if approved by the Parks and Recreation Department.
8• That all private streets shall be developed in accordance with the
City of Anaheim's Standard Detail No. 122 for private streets,
including installation of street name signs. Plans for the private
street lighting, as required by the standard detail, shall be
submitted to the Building Division for approval and included with
the building plans prior to the issuance of building permits.
(Private skre~ts are those which provide primary access and/or
circulation within the project).
9• That temporary street name signs shall he installed prior to any
occupancy if pe:manent street name signs have not 6een insta2led.
10. That prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
amount as determined by the City Council for each new dwelling unit.
11. That an offsite storm drain to the Carbon Creek Flood Control
Channel, as approved by the City Engineer, shall be constructed and
oAerational prior to the approval of a grading plan for Phase 3
unless required previously by the City Engineer as a result of
material found in the grading of Phase 1 or Phase 2,
12• That the offsite sanitary sewer shall be constructed and functional
prior to any occupancy of Phase 2 unless required by the City
Engineer at an earlier time.
13. That no on-site drainage shall ke permitted to flow onto Lincoln
Avenue except as approved by the City Engineer.
14. That the design of on-site drainage structures shall be approved by
the City Engineer prior to approval oL- any grading phase for subject
site.
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PC83-164
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).5. That a separate grading plan shall be prepared and approved by the
City Engineer for each construction phase and an As Graded Plan
shall be prepared, certified, and approved for each phase prior to
statt of grading on the next phase or at such other later times as
may be authorized by the City Engineer.
16. That the seller shall provide the purchaser of each residentiaZ
dwelling with written information concerning Anaheim Municipal Code
Section 14.32.500 pertaining to "parking restricted to facilitate
street sweeping". Such written information shall clearly indicate
when on-sl•ceet parking is prohibited and the penalty for vioiation.
17. That prior to final street in~pections, "No parkin9 for street
sweeping" si9ns shall be installed as _,~iired by the Street
Maintenance and Sanitation Division a.- in accordance with
specifications on file with said division.
18. That prier to issuance of a building permit, appropriate water
assersment fees shall be paid to the City of Anaheim, in an amount
as determined by the Office of the Utilities General Manager.
19. That the median island modification in Lincoln Avenue shall be
completed prior to any occupancy in Phase 1.
20. That a comprehensive on-site vehicular access and parking plan,
unless otherwise approved by the City Traffic Engineer, shall show
tandem parking along only one side of each driveway aisle and shall
be submitted by the developer/owner for review and approval by the
City Traffic Engineer prior to the issuance of building permits.
21. That a detailed Trash Removal Plan shall be submitted by the
developer/owner for revieu and approval by tFe City and other
concerned public agencies prior to approval of grading nlans or
issuance of building permits, whichever occurs first, for any area
or phase of such development upon which said landfill currently
exists.
22. That a tentative tract map shall be submitted for review and
approval by Planning Commission.
23.(a) That the owner(s) of the subject property shall pay to each
mobilehome owne[ as identified in the conversion impact report
relocation benefits in the r.espective amounts as set forth on
Exhibit "A" attached hereto and incorporated herein by this
reference, or such other benefits as mutually agreed upon between
the park owner and the mobilehome owner. Said celocation benefits
shall be paid to each mobilehome ownec, and proof thereof
submitted to City in a Eorm satisfactory to the City Attorney,
prior to the issuance of any buiiding permit for any phase or
portion of the proposed development other than these portions
identified as Phase 1 and Phase 2 as shown on the Phasing Plan,
Sheet 4, Revision No. 1 of plans on file in the Planning
Department of the City of Anaheim, or prior to July 1, 1985,
whichever occurs first.
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(b) That not wit-hstanding subparagraph (a) above, any mo5ilehome owner
whu relocates from the park at any time after the date of issuance
of grading pecmits for any phase of the deve.lopment shall be paid
said relocatian benefits contemporaneous with the termination of
eacn tenancy prot•ided, however, that such advance payments
pursuant to this subparagraph (b) need not be made at any time in
advance of the date otherwise set forth in subparagraph (a) to
more than ten peccent of such mobilehome owners.
(c) That the amount of said relocation benefits payable to each
mobilehome owner pursuant to subparagraph (a) ot (b) above, shall
be increased by an amount equal r_o any incre+~se in the Consumer
Price In~3ex for Urban Wage Earners and Clerical Workers, All
Items, Los Angeles-Long Beach Metropolitan Area (1967=100),
published by the United States Department of Labor, Aureau of
Laber Statistics ('index'), which is published nearest to the date
of this resolution as compared to the Index most recently
published prior to the dzte of payment of said *elocation benefits.
(d) That the owner of the subject property shall post a performance
bond in an amount and form satisfactory to the City Attorney to
guarantee the payment of said relocation benefits.
24. That prioc to final tract map approval, the applicant shall
present evidence satisfactory to the Chief Building Inspector that
the proposed project is in confornance with Council Policy Number
542 "SOUnd Attenuation in Residential Projects'.
25. That prior to issuance of building permits, the applicant shall
present evidence satisfactory to the Chief Building Inspector that
the residential units will be in conformance with Noise Insulation
Standards specified in the California Administrative Code, Title
25.
26. That prior to issuance uf a building permit, the owner of subject
property shall submit a letter requesting termination of
Conditional Use Permit No. 562.
27. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Revision No. 3 of Exhibit Nos. 1 through 12;
provided, however, that the three-story structure shall be
relocated a minimum of fifty (50) feet from the northerly property
line and that revised plans indicating s~ch revision shall be
submitted to and approved by the Plannin9 Department staff prior
to the issuance of building permits.
28. Thst Condition Nos. Z, 4 and 5, above-mentioned, shall be complied
with prior to final building and zuning inspections.
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BE IT FURTHER RESOLVED that the Anaheim City Planning Commission ~
does hcreby find and determine that adoption of this Resolution is expressly ~
predicated upon applicant's compliance with each and all of the conditions '
heteinabove set forth. Should any such condition, or any part thereof, be ?
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declared invalid or unenforceable by the final judgment of any court of [
competent jurisdiction, then this *tesolution, and any approvals herein `'
contained, shall be deemed null and void. ;
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THE F'OREGOING RESOLUTION '.s signed and approved by me this 19th day of t
September, 1983. ~
O7.c~a../ ~
CHAIRMAN~ AHEIM CITY PLANNING COMMISSIOt7
E
ATTEST: k
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SECRETARY~ ANAHEIM CITY PLANNING COMMISSION ~
STATE OF CALIFORNIA )
C:OUNTY OF ORANGE ) ss.
CITY UF ANAHEIM )
I, Edith L. Hazris, 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 September 19, 1983, by
the following vote of the members thereof:
AYES: COMMISSIONERB: BOUAS~ BUSHORE~ FRY, HERBST, KING, LA CLAIRE,
NOES: COMMISSIONERS: NONE
ABSENT: COHMISSIONERS: MC BUP.NEY
IN WITNESS WHEREOE, I have hereunto set my hand this 19th day of
September, 1983.
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SECRETARY, ANAHEiM CITY PLANNING CONMISSION
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