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PC 83-206~, ~. RESOLUTION N0. PC83-206 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 3360 BE GRANTED WHEREAS, the Anaheim City Planning Commission di.d receive a verified Petition for Variance from FIRST AMERICAN TRUST COMPANY, P. O. Box 267, Santa Ana, California 92702, owner, and RAYMOND MASCIEL, P. O. Box A241, Anaheim, California 92801, agent of certain real propecty situated in the City of Anaheim, County of Orange, State of California described as: LOT 9 OF THE SOUTH STREET TRACT IN THE CITY OP ANAHEIM~ AS PER MAP RECORDED IN BOOK 3, PAGE 89 OF M_SCFLLANEOUS MAPS~ IN THE OFFICE OF THE COUNTY RECORDER OF S2ID ORANGE COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of P..naheim on October 17, 1983, at 1:30 p.m., notice of said public hearing having been duly given as required by ldw and in accotdance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and considec evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Cummission, 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 find and determine the following facts: 1. That the petitioner proposes waivers of the following to construct a 3-unit apartment complex: (a) SECTION 18.34.062.012 - Maximum structural height (1 stor permitted within 150 feet of single-family reeidential zoning; 2 stories proposed) (b) SECTION 18.34.063.023 - Minimum sideyard setback (5 feet required; 0 to 6 feet proposed) (c) SECTIONS 18.34.066 &- Permitted location of required parkinq 18.06.050.0123 spaces (Open 4uest parking spaces are not ~ermitted to be in tandem; 2 open tandem ~uest Farking spaces proposed) 2. That the above-mentioned waivers are hereby granted on the basis that the petitioner demonstrated that a hardship exists in that thece are special circumstances applicable to the property such as size, shape, topograghy, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vicinity. 3. That the above-mentioned waiver (b) is hereby granted on the basis that the petitioner stipulated that each set of parking spaces which includes a tandem space shall be assigned to one apartment unit. #0077r PC83-206 <~'•^ 4. That there are exceptional or extraordinary circumstances or condition~ applicable to the property involved or to the intended use of the property that do not apply generally to the property or class oE use in the same vicinity and zone. 5. That the requested variance is necessary for the preservation and enjoyment of a substantial property zight possessed by other property in <` the same vicinity and zone, and denied to the property in question. i~•' '~` 6. That the requested varfance will not be materially detrimental `~`• to the public wel£are or injurious to the ~'" Propecty or improvements in such ±s'.:,:, vicinity and zone in which the property is located. ;~:` ~'`' 7. That no one indicated their ~.'; presence at said public hearing in ,~r: opposition; and that no correspondence was received in opposition to subject Y'2 ~ petition. :e;~! EtiVIRONMENTAL IMPACT FINDING: That the Anaheim Cit Commission has reviewed the proposal to construct a 3-unit apartmentPCOmplex _ with waivers of masimum structural height, minimum sideyard setback and ofrland~ c nsisting of raquired parking spaces on a rectangularly-Shaped parcel Pproximately 6,120 square feet, having a frontage of ';~ approximately 42 feet on the east side of Anaheim Boulevard, and further described as 828 South Anaheim Boulevard; and does hereby approve the Negative ~u Declaration upon finding that it has considered toqether with any comments received during the the Negative Declaration + further finding on the basis of the Initial Stud pUhlic review process and ~! that there is no substantial evidence that the y an~ any comments received '; effect on the environment. pr~7ect will have a significant NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby Eound to be a necessary pre*equisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the owner of subject property shall pay to the City of Anaheim a fee fcr tree planting purposes along Anaheim Boulevard in an amount as determined by the City Council. 2. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the City cf Anaheim in an amount as determined by the City Council. 3. That prior to issuance of a building permit, the appropriate traffic siqnal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for each ne~a dwellin9 unit. 4. That trash storagp areas shall be provided in accordance with approved plans on Ei1e with the Street Maintenance and Sanitation Division. 5. That prior to commencement of structural framinq, fire hydrants shall be inatalled and charged as required and determined to be necessary by the Chief of the Fire Department, -2- PC83-206 6• That street lighting facilities along Anaheim Boulevard shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and that security ir. 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 with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of imaheim prior to approval of building permits. The above-required provements shall bE installed prior to occupancy. 7• That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the progosed project is in conformance with Council Policy Number 542 °Sound Attenuation in Residential Prajects", 8. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. g. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a buil.ding permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos, 1, 2, 3, 6 and 7, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be yranted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 10. That prior to final building and zoning inspections, Condition Nos. 4 and 8, above-mentioned, shall be complied with. Z1. That each set of paiking spaces which includes a tandem space shall be assigned to one apartment unit. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoptzon of this Resolution is expressly predicated upon applicant's compliance with each and aIl of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOliUTION is signed and approved by me this 17th day of October, 1983. i-';~ l ! /' ,~ 7 ~ ~ .•~_[_t . .;..~ r-~~r~t.~~.. CHAIRWOMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: ' ~G~ ~ /~ ~,,, ' SECRETARY, ANAHEIM CITY PLANNING CON,MISSION -3- PC83-206 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I~ Edith L. Hartis, 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 October 17, 1983, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS~ FRY, HERBST~ KING~ LA CLAIRE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUSHORE, MC BURNEY IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of October, 1983, ~~/ ~°~/ .ti ~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -4 - PC83-206