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PC 84-221, ,,,{ ,, ; t_ ,.~ ,.,t ~ ;~„ ?;i RESOLUTION N0. PC84-221 A RESOL'UTION 0~ THE ANAHEIM CITY PLANNING COMMISSTON TliAT PETI'.~ION t'OR VARIpNCE N0. 3436 BE GFANTED WHE12Er~S, th~ Anaheim City Planning Commission did rE Petition .Eor Vaziance from PACESETTE.R HOMES, rN~. ~eive a verit'ied Beach, California 92660 and CALMARK DEVELOPMENT CORPORAT pN pus Drive, Newport BoulevaXd, P~ 0. Box 2128, Santa Monica, California 9Q406 ~ 2121 Cloverfield real property situaL•ed in the City oE ~naheim, Co~inty oF oran~~~ ~f °~rtain Ca1ifornia desc:ribed as: 9 ~ State o~ PARCEL 1: BEING A POR7'ION pF VINYARD LOT F-6, AS SHOWN Q,N p, 1yAp OF THE I,ANDS OF ANAHEIM, MAllE BY GEORGE HANSFN AND LI'rHOGRAPHED gy KUCHGL AND PRrSSEL, A COPY OF WHICH MAP IS ANNEXED 7.'0 A CERTAIN AEED EXECUTED AX THE LOS ANGFLES VINYARD S~CI~ ~ WATER COMPANY, AND RECGRDED IN BAOK 4, PAG~ 24 TAND ~FnLLOWTNC OF DEEAS OF LOS ANGELES COUIVTY, CAL:iFORNIA, DEBCRIBED p,g FOLLOWS : ThE NORTh~,RLy 3a2~7S FEET OF THE WESTERLX 562.5g FEET, MORE OR L~SS, OF SAIll VINYARD LOT F-6. WHERk~RS, the ~ity Planning Commission did hold a the Civa.c Center ~.n the Ci~ pu'~lic hearing at notice of said public hearing havingabeen dul October 29, lgg~ acc;orda~~ce wirh the ~~t Y:30 p.m. ~ ~ giv~n as rEquired by 1aw and in to hear and considerp evidence for anu again t Saxaclpro Code, Chapter 18.0~, inveetigate and make tindings and rec~mmendations in connection thQ e lt ~nd to WHEREAS ~ ~: aild ~ ~aid Cammission, after due inspection study made by itself an d i n i t s b e h a 1 f + inv e s t i g a t i o p a n d evi dence and repot~s ofFezed at s a i d h e a r i. n ~~ter due consid~ration of f o 1 1 o wa.ng facts: 9+ d~es find and deL•ermine the 1' ~har rh~ petitionHr a4nstiruct a 72-unit Proposes a waiver oF the following to California Government Co e£ S c i on IVo.~659151um complex under authority of SFCTIpN 18.31.061.012 - M3.nimum buildin s3te area er dwellin unit. _ (3000 s~uare fret required; 2709 ~auare Eeet proposed) - Z• 'Phat the above-mentioned waiver~ are hereb that the petitioner demonstrated that z y gr~nted on the basis ~pecial circumstances hardship a.xists in that there are topograph aPAlicable to the property such as X~ locai:ion and surroundings which do not a size, ~hapc, zoned property in the same vicinit pP1Y to other identica].ly Code deprives ~hQ Y: ar.d that strict applicatton flf the Zoning identical p~~`~rt~' °f Arivileges enjoyed by other InterdeFarFmental Co m.itteesrecommend~^tions. pCOp~rties fn i;he in ~he vicini~y und subject to #0353x 4' ; PC84-221 ~:: . :b; ~~;?~:;;;: : ~ /'~. ~`F;Y ~ :.. ;:.'Ji;+ ~ ~;-i 3. That L-here are exc~ptional or extraordinary czrcumstances or conditions applic:able ~o L-he property involved or to tl~e intended txse of the properry that oo not apply generally to the property or c7.ass o~ use in the same vicir,ity and zone. 4. Thal- khe requested variance is necessary for the ures~rvation and enjoyment of a substantial propErty right possessed by oth~r property in tk~e same vicinity anci zone, and denied ta the property in question. 5. That the requested variance wi11 not be ~tiatarially detrimental to the public weltare ar injurious to the properL•y or improvements in such vicinity an~ zone in which the property xs located. 5. ~hat two persons indicated thexr pzesenr.e at said public hearing in opposition; and that no corr.espondence was receivecl in opposition to subject petiti~n. ENVTRONMENTAL :t4P..CT E'INDING: That the Anah~im City P,lanning Cnmmission has review~d the proposal to reclassify subject property from the ::;;~; R~1~1200 (RPSidantial., Multiple-Family) Zone to i:he RM-3000 (Residential, ;:. Multiple-Family) Zor~e ta construct a 72-unit affardabl~ cor~dominium comp].ex with w~aiver ox n~inimum building site area per dwelling uni.t ~n a rectangularly-shaped parcel of land consisting of approximately 4.47 acres " located at the southeast corner of Droadway and Citron Streek, and Eurth~r ~{ describpd as the northerly portion of th~ for.mer Fremont Junior FIigh Schabl !`'' p'layfield; and does hereby approve the Negative L~eclaration upon finding tnat '~ it has considered the tdE= ~ ~'~:~~` gative De..larakion ~ogether with any camments received '`,; during the public review pracess and further finding cn the basis of the ~" initial study and any commeni:s received that there is no substantial eviderice '~ that the project will have a signifi~ant effect on the ~nvironment. . NOW, THERErORE, aE IT RESOLVED that the Anaheim City Planning ~ ro;nmiasion does hereby grant subject Petikzon f.cr Variance, upon the fo~lowing ~`'''~ conditions which are hereby found to be a neceasary prerequisite ta thQ '~' proposed use of the subject property in or.der to preserve the safety ~nd ';r general welf~.re af the Citizens of the City of Anaheim: ''`~ i~; ! ~` l . That trash storage areas shall be provided and maintained in . ;~'ii accordance with approved plans on file with the Street Main~enance and Sanitation Division• ;~,,~ 2. That subjPCt property shall be served by undergraund ~itilities. ~~' 3. That draina e of, sub 'eck g 7 property shall be disposPC3 of in !' m.~nnpr '~ ~~ satisfactory ~o the Gity Engineer. ;; 4. That all private ~treEts shall be developed ir. accordanre with the :~~!r City of Anaheim's Standard Detail No. 122 for private streets '::i , including instailation of street name sxgn~. P1ans for the private street lighting, as required by the standard detail, shall be ,: submitted to the Building Aivision for approval and included with the , }' buildiriy plans prior to the issriance of buildir~g permits. (Private , '' '' streets are those which provide ~rimary access and/or cir~ulation r i within ttiP project. ' ': . ~~~;; 9;1 4, i '2- PC84-221 :;r '~ i'~ <... . _ . _. __ _. ' si , , ~ x~.r . .. , . . . . ~~,~? ,, ,.. . . , . , .. ~ .. , r:;w.~..~~`'~ 7 d~ '.r.;';`~ . .~ ~~ .. . -:''':~r 5. '.Chat prior to c:omm`ncement of str.uctural framiny, fire hydrants a,Qll bp installeii ancl chwr~ed <~s required and d~term.ined to be necessary by the ChieE of the E~'ite Department. ~ 6• Z'hat pr.tor t~ .is~uance ot a bui.lding permit, Ct~e appropriate traffic ~ignal asyesament Fee shall be paid to ~he City oE Anaheim in an amount a,~ deCermined by the City Council P~r each new dwelling unit; provided, howev~r, thak any E~e rec~uired hereunder be applied to the t'econstructi.on of the traPfic sigrial pur~uant to Condition No. 7 hereof. l. That prior to Eir.al building and zoning inspections, the owner(s) of subject property ~hall obtain a parking prohfbition (by or.dinance) on the south side of aroadway adjac~nt to subject proper.ty. 'Phe develo~er shal~ make all oFf-site traffic improveme,~ts as required by the City F;ngineer and the City '1'raffi~ Engineer including tF~ re-~•triping of aroadway L•o provide left turn access to the property, i:he re.location a~ existing stteet impr.ovemen~s on Broadway and ~k~e recanstruction oF the existing tra~fic siynal at Citron Street and ~roadway. The do.2lars otherwise charged in ;,onnection with traffic sig~~al assessment fees for this project shall be applied to the r~construction of said traEEic signal. Security ir- ~he form of a bond, cartificate of deposic, letrer or credih, or cas~h, in an amo~nt and fotm satisfacl:ory to the Ci,ty of Anahefm, shalt be pased with the City to guarantee the satisfactory cnmpletion of the above-mentianed improvements. Said ~ecurit! shall be postzd with the Cit,y of Anaheim prior to issuanc~ of building permits. The above-required improvements shall be installed prtor to occupancy. 8. That temporary Rtreet name s~gns shall be installed occupancy fE permanent street name signs have not been i stalled ~ any 9• That prior to final buil~ing and zoning inspectfons, "No parking fcr ~treet sweepi:~g" si~ns shall be installed A~ re~uired by the Stre~t Maintenance and sanitation Division anc~ in accordance with speci£icak.ion3 on Ei3e witt, 3aid division. 10. That P.C.C. sidewalkA shall be constructpd to ~oin pub2ic sidewalks on both sides of. all vehicular acceASwaya to subjec~ property. 11. That the ~wner of subject proper.t~~ Rhall pay to the City of Anaheim a fee for street lighting along C.itron Slreet in an amount as determined by the City Councii. 12. That street lighting ~aciliti~z~ along I3roadway shall be inslalled as requ~red by the Utilities General Man~~er. in accordan;.e with specifications on file in the Office of Utilities General Manager, and thaC security Ln the for.m of a bund, certificate of deposit, lettec of credit, oc cash, in an amo~nt and form ~satiaf~ctory to Che City of nnaheim, shal! be x~c,.~ted witn thn City tr guarantee the satis~actory completion of tne abovP-mentioned improvements. ;~i~q secucity shall be poste~ with the City of Anaheim prioc to ;.ssuance of building permits. Th~ ~~bove-req~iire~3 fmprovements ah~ll be ina~.alled prior t4 uccupanCy. _~~ PC84-221 ~ 13. That the owner of subject feE~ for tree plant.in ~r~~Frty sha11 pay to thE City of Anaheim a ~7mounr a~ dHtermined by the ~ ty C~Ur ~1 ~~Way and Citron Street in an ~4• That the uwner of subject cov~nan~ o~ligating the owner~r~p~Cty ~ha11 execute and record a immediately south of subject ~and his success~rs) of *_he property five 5 ProPerty L•o perpetually maintain the ()-Fook wide landsc~ped area located on the southerly fi~e (51-~~eet ~f ~ubject properky. The form of said covenant shal~ be approvea by the Cil•y Aktorney's Office and shu11 then be rec~rded in the O€fice af the Orange County Recorder. 15. That gat~s sha11 not be inst:~~lled a.cross street in a mannpr which ma~ anY driveway or private the adjacent } adversely a~fect vehicular tr~£fic !n public s~reets. InstaJ.Iatiun of an distance of forty (40) Feet from saiG y 9ates within ~ sha11 be subject to the revf~w and a~ublic ~treet rights-oE-way Engineer. Pproval of the rity Tratfic 16. That aIl driveways shall be de,igned to accommodate ten radius curb returns as required by the City Traffic Engineer.(10) fout j7• T-,at all lockable ped~strian and vehicular access gah_es shall be equipped with a"knox box" ~evice to the satisfar_tion of the City Fire Marshall and h_h~ City Chief of Police. 18. Thak the ~eller shall provide the pucchaser of e~ch residential dwelling with written information ~oncerning Anaheim Municipal Code Section 14.32.500 pertaining to "~arking restricted Co facili~ate street r~weeping . Such written i~formatfon st~all clearly indfcake when c~n-street pa.cking fs prohibited and the penaity for violation. 19• That all a.ir condttioning f~cili~ies shall be properly shielded fro view and ~he aound buffered. m 2~~• That prioc to issuance of buildin present evidence satisfactory to the Chieftguil~ing aTnspector sthat thN residPntial units wi].1 be f.n conformance with Notse Insulation Standards specified in thE California Admi.nfstrativ~ Code, Tftle 25. 21. That priqr to issuance of bui.ld,in presenc evidence satisfacCory to the Chieftsull ing dInspect~r ~that the ~roposed project is in conEormance with Council Policy NumLer 542 "Saund Attenuaticn fn Resi:ential projeata". ~2• Tha~ ~ G-foot high maHOnry block waa.l ~hall be conAtructed ~Rd maintained along the east property line. 23. Thal• priot to final kract m~ ~ into a recorded ayre~m~nt with ~thev Cit thof ~ Anahe,{mr $hall Anter . Government Code Section 65315 Co y p~rBUent to ~25$) of the nrovide thal• tw~ent,y-fiv~ peccQnt A~cmitted numbeK of residential units shall be eold as low or m~derate income hu-asfng as d~fined in (~overnment ~ode Section 65915 and Wilh appr.oFcic-te resale contcols as a Anaheim. The rer~a.te ~ PProved b; the City of househol~3s of low ot muoe ateltncrnetshAllnrbesineeff~cttfor units Lo oF not ~ess than twenty (2p) yeAL4, a period -4- PC84-22x ,;'~; ,~ ,ia«,.;:~.""'~w~r,rct.•,}..,ai'~.s'~r~+.r-...~x: ,~~ ,_ ,,t;~,t: ;;~ 1i 24. 2'hat this Variarice is granted sub~ect ta the aduptian af the ~oniny ordinance in connection with Reclassification No. 8~-A5-11, now ~endiny. ,;,~ i'''I 25. That subject prop~rty sha11 be developed substantially in accoedance with ~ '~ plan~ and specifications on file with the Cih.y of Anaheim marked Lxhibit Nos 1 ~i . thraugh 3. : ~ '. ~ 2G. That prior. to the start of any ronstruction activities including grading ox deliver F b . ~'.~ ~ y o uilding materials, the cleveloper shal? obtain the Police Depar~ment'~ concu ~ ~~; rrence with the ~ pha.,ing of. the ~on5tru~ti.on activaties. said canstrur,tion activiti ;i; ~ es shall be caordinated with the P~licP Department helir,opter clights. ~` i 27. That tentative and final tract m~ s shall be A submitted to the City of A h i~ , na Pim for approval and a f inal L-ract map cecorded in t'- ~ Off ice of the County Recorder. 28. That prior to issuance o.f a b~ilding permit, oc within a period of. one year from thA date uf this resolution, wt~ichev~r occurs first, Condition 1Vos. 4~ 5~ 11, 12~ 13~ 14~ 20~ 21, 24~ 26 and 27~ above-mentioned, shall be complied with. Extensfons for fucther t~.me t~ complete said conditions may be grant•ea in accordance with Seci:ion 18.03.090 of the Anaheim Mun~cipal Cude. 2y. That prior to final building and zoning inspections, Condition Nos. 1, 2, 3, 7, 8, 9, 10, 16, 1.7, 19, 22 and 25, above-m~ntioned, sha.l.t be complied with. BE IT FUR~rHER RESOT,VED that the Anaheim City Planning Comm;Ission does ~~ hereby ffnd and determine that adoption of this Re3olution is expressly ~`~ predicated upon applicant's compliance with each and all af the conditions ~~ hereinabove aet forth. Should any such conditinn, or any part thereof, be ,`k declared invalid or unenforceable by the Fxna1 judgment of any court of competent juri.sdiction, then this Resolution, and any approvals hexein ''~ contained, shall be deemed null and vofd. , TfiE F~Rt~GOING RESOLUTIA~I is signed and approved ty me thts 29th day of Octo~er 1984. ~ ~I ~'-1~-/-'~~ ~t~ ~ CL ~ ~C3r ~ • CHAIRWOMAN, PRO TEM ORE RNAHEIM CITY PLANNING COMMISSION ;.., ATTEST ; ~' ~ ~ . : j ~ _~ SECRL'TA Y, ANAHF.IM CITY PLANNING ~:OMMISSTON ,,~ -5- PC84-221 :~ , ~°`~, r„ STATE OF CALICORNIA ) COUNTY Q[' ORANGE ) Sy~ CITY OF AI~AHEIM ) I, Edith L. Harris, Secret:ary of the Anahetm City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a tneeti.ng o.~ the Anahei.m City Planning Commission held on Octobec 29, 1984, by the following vote oP i:he members thereof: AY~S: COMMISSION~RS: BOUAS, BUSHURE, FRY, KING, LA CLAIRE, MC BURNEY Nd~~: COMMISSIONERS: NONE AfiSENT: COMMISSIONER3: HERBST IN GVITNESS WHEREOI', I have hereuntc set m,y hanc] this 29th day o~ October 29, 198A. .r- • ~ Ga.~ SECREi'ARY, ANAHEIM CITY PLAt~NING COMMISSION -~` PC84-221