PC 85-111RESOLUTIUN N0. PC85-111
A RESOLUTION OF THE ANAHEi~ !;TTY PLANNItJG COMMISSION
THAT PETITION FOR VARIANCE M0. 3480 BE GRANTED
WHEREAS, the Anaheim City PZanning Com;~ii~sion did receive a verified
Petition for Variance trom ELDON HAUCK AND MARGARET A. HAUCK, 1004 West
Alberta, Anaheim, California 92805, owners, and GARY MASCIEL, 420 South Euclid
Street, Anaheim, California, agent for certain real property situated in the
City of Anaheim, County of Urange, State of California described as:
VINEYARB LOT-D-S, LOT lo, BLK F PARCEL ~034-282-OB, VOL. 033~
P. 001~ CK 1.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on April 29, 1985, at 1:30 p.m.,
notice uf said public hearing haviny been duly yiven as required by law and in
accordance with the provision~ of the Anaheim Muai.~ipal 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
WFiEREAS, said Commission, after due inspection, investigation and
study made by itselP and in its behalf, and afr.er due consideration of all
evidence and ceports offered at said hearin9, does find and detecmine the
following facts:
1. That the petitioner propc:.es waivers oP the follow:ng to
construct a 4-unit apartment cumYlex:
(a) SECTION 18.34.OG2.020 - Maximum site coveraqe.
(558 p~~rmitted; 578 ~roposed)
(b) SECTION 18.34.063.012 - Minimum structural setback.
(15 ft_ required adjacent to Chartres Street;
3 feet 4 inches to 10 f~et proposed)
(c) SECTION 18.34.063.022 - t4inimum side yard setback.
(5 to 16 feet requized adjacent to the north
property line; 0 to 10 feet proposed)
(d) SECTZON 18.34.063.032 - Minimum recreational-leisure area.
(200 square feet per dwelling unit required;
168 squace feet proposed)
(e) SECTION 18.34.066.062 - Vehicular backinq onto a public street.
(Vehicular backing onto a public street
prohibited; vehicular backinq onto Char~res
Street pcoposed)
2. That the above-mentioned waivers are heLeby granted on the basis that
subject property is on a corner lot and that there are special circumstances
applicable to the property such as size, shape, topography, location and
surroundings which do not apply to other iden~ically 2oned property in the same
vicinity; and that strict application of the Zoninq Code deprives the property oE
privileges enjoyed by other properties in the identica.l zone and classificetion in
the vicinity,
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3. That there are exceptional or extraordinary circumstances or
conditions applicable to the Qroperty involved or to the intended use of the
property that do not apply generally to the ptoperty or class of use in the same
vicinity and zone.
4. That the requested variance is necessary for the preservation and
enjcyment of a eubstantial 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 detcimental to the
public welfare or injurious to the propert,~ or improvements in such vicinity and
zone in which the property is located.
6. That four persons indicated their presence at said public hearing in
opposition; and that a petition containir~ appcoximately 22 signatures was received
in opposition to subject petition.
ENVIRONFIENTAL It9PACT FINDING: That the Anaheim City Plannino Commission
has reviewed the proposal construct a 4-unit apartment complex with waivers of
maximum site covecage, minimum structural setback, minimum side yard setback,
minimum recreational-leisure area, and vehicular backing onto a public street on a
rectangulatly-shaped parcel of land consisting of approximately 0.16 acre located at
the northwest corner of Chartres Street and Clementine Street, and further described
as 201 North ctementi~e Street; and does hereby agprove the Negative Declaration
upon Einding that ir has considered the Negative Declaration together with any
comments received during the public ceview process and f_urther finding on the basis
of the initial ~tudy and any comments received that there is no substantial evidence
that the projecc will have a significant effect on the environment.
NOW, THEREE'ORE, BE IT kESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, upon the following condiL•ions which
are hereby found to be a necessary prerequisite to the pcoposed use of the subject
property in ordez to preserve the saEety and general welfare of the Citizens of the
City of Anaheim:
That prioc to issuance of a buildi~g permit, appropriate park and
cecreation in-lieu fees shall be paid to the City of Anaheim fn an amount
as determined by the City Council.
2. 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.
3. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
4. That subject property shall b~ served by underground utilities.
5. That prior to commencement of structu:al framing, fice hydrants shall be
installr_d and charged as requi:ed and determined to be necessacy by the
Chie: of the Fire Department.
6. That trash storage aceas shall be ~rovided and maintained in accordance
with approved plans on file with ;_he Street Maintenance and Sanitation
DiVision.
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7• That the driveway shall be constructed to accommodate ten (10) foot radius
curb returns a~ required by the City Traffic Engineer.
a• That prior to final building and zoning inspections, "No parking Eor
street sweeping" signs shall be installed as required by the Stceet
Maintenance and Sanitation Division and in accordance with specifications
on file with said division.
9• That all air conditzoning facilities shall be properly shielded from vi~w,
and the sound buffered Erom adjacent residential properties.
1~• That prior to issuance o£ building permits, the applicant shall present
evidence satisfactory to the Chief Building Inspector th~t the proposed
pr~ject is in conformance with Council Policy Number 542 "Sound
Attenuation in Residential Projects• and with Noise Insulation Standards
specified in the California Admi.nistrative Code, Title 25.
11. 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; provided, however, ttiat automatic garage door openers
&hall be provided For all gacage doors.
12. That prior to issuance oE a building permit, or within a period of one
year fcom L-he date of this resolution, whichever occurs first, Condition
Nos. 1, 2, and 10, above-mentioned, shall be complied with. Extensions
for further time to complete sdid conditions may be granted in accordance
with Section 18.03.090 of the Anaheim Municipal Code.
13. That prior to final building and zoning inspections, Condition Nos. 3, q,
b. 7, 2, 9 and 11, above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does j
hereby find and determine that adoption of this Resolution is ex ressl
upon applicant's compliance with each and a11 of the conditions her i ab ve aset j
forth. Should any such condition, or any part thereof, be declared invalid or
unenforceable by ~t~e fin~l j~.~.?~m~zt ~~ ~~~ ~uucc of competent jurisdiction, then k
this Resolution, and an a t
Y pprovals herein contained, sha11 be deemed null and void. ~
THE FOREGOING RESOLUTION is signed and approved #
April, 1985. _ tZy me this 29th day of ~
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~-CHAIRMAN, ANAH M CITY PLANNING CODIMISSION ~
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SECRETARY~ ANAHEIM CITY PLANNINI~ COMMISSiON r
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STATE OF CALIFORNIA )
COUNTY OF ORAIdGE ) $S,
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of th~ Anaheim City Planning Commission, do
i~ereby certify L•hat the foregoing re~olution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on April 2y, I9g5, by the following vote
of the members thereof:
AYES: COMFIISSIONERS: BOUAS, FRY~ HERBST, KING, LA CLAIRE MC
NUES: CODIMISSIONERS: NONE ~ BURNEY
ABSENT: COMhIISSIONERS: BUSHORE
; IN WITNESS 47HEREOr^, I have hereunto set my hand this 29th day of Aprfl,
1985.
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SECRETARY~ Ai7AHE1M CITY PLANNING COMMISSION
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