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PC 83-2111--, RESOLUTION NO. PC83-211 ~-. A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 3345 BE GRANTED, IN PART WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from HUGO A. VAZQUEZ, 619 South Live Oak Drive, Anaheim, California 92805, owner of certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 1: LOTS 21 AND 22 OF "SMITH & DEAN'S RE-SUBDIVISION OF THE SOUTHERLY 404.08 FERT OF BLOCK A. HOTEL DEL CAMPO TRACT," AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 31 OF MISCELLANEOUS MAPS~ RECORDS OF ORANGE COUNTY, CALIFORNZA. PARCEL 2: THAT PORTION OF THE ALLEY ADJOINING LOT 22 OF 'SMITH & DEAN'S RE-SUBDIVISION OF THE SOUTHERLY 404.08 EEET OF BLOCK A~ HOTEL DEL CAMPO TRACT," AS SHOWN ON A MAP RECORDED IN BOOK 4~ PAGE 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY~ CALIFpRNIA, ON THE NORTH; VACATED BY ORDER OF THE BOARD OF TRUSTEES OF TI3E CITY OF ANAHEZb1 JANUARY 4TH~ 1923~ A CERTIFIED COPY OF WHICH ORDER WAS RECORDED JANUARY 13TH~ 1923 IN BOOK 20, PAGE 136 OF MISCELLANEOUS RECORDS OF ORANGE COUNTY, CALIFORNIA~ MGRE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 22; THSNCE NORTHERLY, ALONG THE EAST LINE OF SAID LOT EXTENDED NORTHERLY, 10 FEET; THENCE W~;3TERLY, PARALLEL WITH THE NORTH LINE OE SAID LOT 22~ 140 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT 22 EXTENDED NORTHERLY; THENCE SOUTHERLY ALONG SAID WESTERLY LINE EXTENDED 10 FEET TO THE NORTHWEST CORNER OF SAI~ LOT 22; THENCE EASTERLY ALONG THE NORTHERLY LINE THEREOF TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 31, 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, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; said public hearing having been continued to the Planning Commission meeting o£ November 14, 1583; 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 find and determine the following facts: ~0083r PC83-211 ,,,.,_ a ~--. 1. That the petitioner proposes waivers of the following to construct a 7-unit affordable apartment complex: (a) SECTION 18.34.060.010 - Minim_ um lot area per ~wellincr unit, (b) SECTION 18.34.062.011 - Maximum structural heiaht. (2-stories permitted; 3-stories proposed) (c) SECTION 18.34.062.020 - Maximum site coveraae. (d) SECTION 18.34.063.022 - Minimum sidevard ^etback (5 to 10 feet required; 4 to ti feet oroposed) 2. That the above requested waivers (a) and (c) were deleted by revised plans subm:tted by the petitioner. on the basis thatathehpetitionerqstipulatedVthat`a,minimum,ofr258eofbtherunits (two) are to be rented as low or moderate income housing as defined in Government Code Section 65915 and with appropriate resale controls as approved by the City of Anaheim. 4. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 5. That the requested variance, as granted, 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 her presence at the October 3, 1983 public hearing in opposition; and that a petition containing approximately 30 signatures was received in opposition to subject petition and 5 persons indicated their presence at the November 14, 1983 public hearing in opposition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct a 7-unit affordable apartment complex with waivers of maximum structural height and minimum sideyard setback on a rectangularly-shaped parcel of land consisting of approximately 0.2 acre, having a frontage of approximately 68 feet on the west side of Melrose Street, and further described as 129 South Melrose Street; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. -2- PC 1-211 t,'"~ . M~:.Y. -.._... n, ,.: : _ . F'.if~~ .. .. .. ._. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Cit Commission does hereby grant sub'ect Peti~' conditions which are hereby f und to he oa fnecessarnce, upon the following proposed use for the subject propert y Prere4uisite to the general welfare of t}~e Citizens of the City of Anaheim preserve the safety and 1• That prior to issuance of a buildin recreation in-lieu fees shall bE 9 Permit, apptopriate park and amount as determined by the City Council~ the City of Anaheim in an ~t:: ' ~s- z• That prior to issuance of a building permit, the appropriate traffic ~r~' 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. 3• That prior to commencement of structural framin shall be installed and charged as required and deter ined ytoanbe necessary by the Chief of the Fire Department. 4• That trash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 5• That not less than twenty-five percent (258) of the residential units shall be rented to persons or families of low or moderate income as defined in Government Code Section 50093 and that prior to issuance of building permits, the develooer shall enter into an agreement with the City of Anaheim pursuant to Government Code Section 65915 to provide that twenty-five percent (258) of the residential units shall be rented as low or moderate income housing as defined in Government Code Section 50093. 6• That subject pruperty sha21 be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No, 2 of Exhibit Nos. 1 through 4. ~• That prior to final building and zoning inspections, Condition Nos. 4 and 6, above-mentioned, shall be complied with. BE IT EURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's conpliance with each and all 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. T8E FOREGOING RESOLUTION is signed and approved by me this 14th day of November, 1983. . ' ~ / r ~1':c- ~./ ~/ilfZt~C~ CHAIRWOM ~~- NAHEIM CITY PLANNING COMMISSION ATTEST: / ~ ~, ~ ~ SECRETARX, ANA$EIM CITY PLANNING COMMISSION -3- FC83-2.u ~TATE OF CALIFOR~IA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I. Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the ~naheim City Planning Commission held on November 14, 1983, by the following vote of the members thereof: AYES; COMMISSIONERS: BOUAS, FRY~ HERBST, KING~ LA CLAIRE NOES: COMMISSIONERS: NONE ~ MC BURNEY ABSENT: COMMISSIONERS: BUuHORE IN WITN~SS WHEREOF, I have hereunto set my hand this 14th day of November, 1983. ~ ,... ,~ - SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC83-211 ,.. ^L ,:7 :...........:.. ..:..:...:..:.._.