PC 83-72RESOLUTION NO. PC83-72
A RESOLUTIOh OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PL'TITION FOR VARIANCE NO. 3329 BE GRANTED
WHGREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from HUGO A. VAZQUEZ , ET AL. 619 South Live Oak Drive,
Anaheim, California 92805, owner of certain real property situated in the City
of Anaheim, Cour,ty of Orange, State of California described as:
LOTS 17 AND 18 IN BLOCK "C" OF CENTER TRACT, IN THE CITY OF
ANAHEIM, COUNTY GF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 14~ PAGE 13 OF MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY~ CALIFORNIA.
WHEREAS, tt.~ City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on April 4, 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; and
WHEREAS, said Commission, after due inspection, investi9ation and
study made by itself and in its behalf, and after due consideration of all
evidence and reports offered at sa?d hearing, ~9oes find and determine the
following facts:
1. That the petitioner proposes waivers of the following ko
construct a 14-unit affordable apartment complex with waivers of the following:
(a) SECTION 18.34.061.010 - Minimum lot area per dwelling unit
(1200 square feet required;
1108-square feet proposed)
(b) SECTION 18.34.062.011 - Maximum structural height
(2 stories permittea; 3 stories proposed)
(c) SECTION 18.34.062.020 - Maximum site coverage
(55$ permitted; 698 proposed)
(d) SECTION 18.34.063.011 - Miaimum front yard setback
(20 feet required; 15 feet proposed)
(e) SECTION 18.34.063.022 - Plinimum sideyard setback
(11 feet required; 9 feet proposed)
2. That subsequent to the advertisement of Conditional Use Permit
No. 2429 with waivers of code requirement, an~ following further review of the
Zoning Code by the City Attorney's Office, it was determined that this project
should be considered through the variance process rather than the conditional
use permit process, and therefote, Conditional Use Permit No. 2429 was
~oithdrawn by motion of the Plannin9 Commisaion at the public hearing and
replaced with subject ~lariance No 3329.
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3. Tnat the proposed variance is hereby granted on the basis that
the petitioner stipulated that three (3) of the units shall be rented as low
or moder.ate income housing as defined in Government Code Section 65915 and
with appropriate rental and resale controls as approved by the City of Anaheim.
4. That the above-mentioned waivers are hereby granted on the basis
that denial would deprive subject property of privileges enjoyed by other
properties in ~he same zone and vicinity.
5. 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 ~ in the
same vicinity and zone.
6. That the requested variance is necessary for the preservation
and cnjoyment of a substanti.al property right possessed by other property in
the same vicinity and zone, and denied to the property in question.
7. 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.
8. That one person indicated their presence at said public hearing
in opposition; and that no correspondence was received in oppositiun to
subject petition.
ENVIRONMENTAL IMPACT FINBING: That the Anaheim City Planning
Commission has reviewed the proposal to construct a 14-unit affordable
apartment complex with waivers of minimum lot area per dwelling unit, maximum
structural height, maximum site coverage, minimum front yard setback and
minimum sideyard setback on a rectangularly-shaped parcel of land consisting
of approximately 0.36 acre, having a frontage of approximately 100 feet on the
west side of Olive Street, and further described as 129 South Olive Street;
and does hereby approve the Negative Declaration from the requirement 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 Negative Declaration since the Anaheim General Plan
designates the subject property for medium-density residential land uses
commensurate with the proposal; that that Initial Study submitted by the
petitioner indicates no significant individual or cumulative adverse
environmental impacts; and that the Negative Declaration substantiating the
foregoing findings is on file in the City of Anaheim Planning Department.
NOi9, THEREFORE, BE IT RESuLVED that the Anaheim City Flanning
Commission does hereby grant subject Petition for Vatiance, upon the following
conditions which are hereby found ko be a necessary prerequisite 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 trash storage areas shall be provided in accordance with
approved plans on file with the Street Maintenance and Sanitation
Division.
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2• That prior to issuance of a building permit, the developer shall
enter into an agreement with the City of Anaheim pursuant to
Government Code Section 65915 t•o provide that three (3) of the
fourteen (14) res.idential units shall 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.
3. That prior to issuance of buildinc permits, the applicant shall
present evidence satisfactory to the Chief Building Inspector that
the proposed project is in conformance with Council Policy Number 542
"Sound Attenuation in Resi.dential Projecl-s".
4. 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 5.
5. That the owner of subject property shall submit a letter requesting
termination of Conditional Use Permit No. 2267 to the Planning
Department.
6. That prior to the commencement of the activity authorized under this
resolution, or prior to the time that a building permit is issued, or
within a period of one year from the date of this resolution,
whichever occurs first, Condition No. 5, above-mentioned, shall be
complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
7• That prior to final building and zoning inspections, Condition Nos. 1
and 4, above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly
predicated upon applicanl•'s compliance 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 j~dgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 4th day of
April, 1983.
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CHAIRMAN, ANAHEIM CITY NNING COMMISSION
ATTEST: ~
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC83-72
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Ss•
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregaing resolution was passed and adopted at a
meeting of the Anaheim City Flanning Commission held on Apri1 4, 1983, by the
following vote of the members there of:
AYES: COMMISSIONERS: BOUAS~ FRY, KING~ LA CLAIRE, MC BURN~Y
NOES: COMMISSIONERS: HERBST
ABSENT: COMMISSIONERS: BUSHORE
IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of April,
1983.
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SECRETARY, ANAHEIM CITY PI~ANNING COMMISSION
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