PC 85-112RESOLUTION NU. PC85-112
A RESULUTION OF TyE ANAHEIM CITY PLAtdNING COMMISSION
THAZ PETITION FOR VARIANCE NO. 3481 AE GRANTED
4lHEREAS, the Anaheim City Planning Commis~ion did receive a vecified
Petition for Variance fron JESSIE C.
California 92805, owner, and GARY MASCZELBO420 ~South EuclidX Str elt, Anaheim,
Caiifornia, agent for certain real property situated in the City of Anaheim,
Counl•y o~ Orange, State of California described as:
LGTS 12 AND 13 OF TRACT NO. 255~ IN THE CITY OF ANAHEIM, AS
, SHU41tJ ON A MAP RECORLED IN BOOK 14, PAGEfS) 25~ OF
DIISCELLANEOUS MAPS, IN THE OE'FICE OF THE COUNTY RECORDER OF
, SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City ~f Anaheim on April 29, 1985, at 1:30 p,m,,
notice of said public hearing having been duly given as reguired by law and in
accor~ance with the provisions of the Anaheim 6funicipal 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
hF:EREAS, said Commission, after due inspection, invesligation and
stud_v made by itselE 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 a waiver of the following to
construct an 8-unit apartment complex:
SECTION 18.32.062.012 - Maximum structural heiqht.
(1-storv within 150 feet of sinqle familv
residential zone permittAd; 2 storfe~ nt ;2 LeeE
,i9-1/2 ft., GS-1/2 ft and 95 ft from sinale-
familv residential zonin4 to the north east
south and west proposed
2• That the above-mentio~ied waiver is hereby granted on the basis
that there are special circumstance~ applicable to the property such as size,
shape, topography, location and surroundings whir_h do not apply to other
identically zoned pr~perty in the same vicinity; and that strict application
of the Zoning Code deprives the property of privileges enjoyed by other
properties in the identical zone and classification in the vicinity.
3• That the proposed variance is hereby granted subject to the
Planning Commission's recommendation to City Council, that in compliance with
Condition No. 15 of City Council Resolution No. 81R-429, the City Council
shall conduct a public hearing and ~uch other procedures as required by law,
to consider the c.losure of Cypress Street at its westerly terminus prior to
issuance of any building permits for this proposal.
4• That there are exceptional or extraordinary circumstances pr
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.
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PC85-.112
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5• That the requested varianr_e is necessary Eor the preservation
and enjoyment of a substantial property ri,qht possessed by other property in
the same vici.nity and zone, and denied to the property in question.
6• 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 pcoperty is located.
~• That 9 persons indicated their presence at said public hearing
in opposiCion; and thot no correspondence was received in opposition to
subject uetition.
ENVI~gN1AL IMYACT FINDING: That the Anaheim City Planning
Commission has rev.iewed 'che proposal to construct an 8-unit apartment complex
with waiver of maximum structural height on a rectangularly-shaped parcel of
land consisting of approximately 0.6 acre located at the southeast corner of
Cypress Strcet and Coffman Street, and further descFibed as 220 North Coffman
Street; and does hereby approve the Negative Declacation upon finding that it
has consi~ered the Negative Declaration together with any comments rer.eived
duriny the public review pcocess and further finding on the basis oF the
initial study and any comments received that there is no substantia2 evidence
that the project will have a significant effect on the environment.
NU4i, THEREFURE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Variance, upon the following
conditions which are hereby found to be a necessary prerequisite to the
pcoposed uae of the subject, propecty in order to preserve the safety and
genecal welfare of the Citizens of the City of Anaheim:
1. That the owner of subject property shall irrevocably offer to
dedicate to the City oE Anaheim a strip cf Land 30 feet in width
from the centerline of the street along Cypress Street and 30 feet
in width from Lhe centec~line of the street along Coffman Street for
street widening purposes.
2• That the existing curb and gutter shall hr rAs~,~~~ ~r~ ~c~~i~sEructed
'n`~ `-~~~ ~1I Cuyineecing requirements of the City of Anaheim along
~Ypress 5treet and Coff.man Street, including preparation of
improvement plans and instaliation of all improvements such as curbs
and gutters, sidewalks, water facilities, street grading and
pavement, sewer and drainage facilities, or other appurtenant work
shall be complied with as required by the City Engineer and in
accordance with specifications on file in the Office of the City
Engineer; ar~d that security in the form of a bond, certificate of
deposit, letter of credit, or cash, in an amount and form
satisfactocy to the City of Anaheim, shall be posted with the C.ity
to guaranl•ee the satisfactory completion o° said impcovements. Said
security shall be posted with the City prior to issuance of buildtng
Permits, to guarantee the installation oE the above-required
improvements prior to occupancy.
3. That ~treet lighting faciiities along Cypress Street shall be
instaiiea as reauiced by the Utilities General Manager in accordance
with specifications on file in the Office of Utilities General
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PC85-112
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Manager, and that secucity in the form of a bond, certificate of
deposit, Letter of credit, or cas)i, in an amoun~ and form
satisfactory to ttie City of Anaheim, ahall be poste~ with t.he City
to guarantee the satisfactory cornple:tion of the above-mentinned
improvements. Said security sh~ll be posted wi.th the City of
Anaheim prior ro issuance of building permits. The above-required
improvements shall be installed prior ~o occupancy.
4. That the owner of subject pcopecty shall pay to the City of Anaheim
a fee for tree planting purposes along Cypres~ Street and Caffman
St.-eet in an amount as detecmined by the City Council.
5. That a modified cul-de-sac shall be provided at tt~e easterly
terninus of Cypress street as required by the City ~ngineec.
6. Ti~at prior to issuance of a building permit, appropriate park and
recreation in-lieu fees shail be paid to the City of Anaheim in an
amo~nt as determined by the City Council.
7. That prior to issuance of a building permit, the appropriate traffic
signal assessment fee sha12 be paid to the City of Anaheim in an
amount as determined by the City Council Eor each new dwelling unit.
8. That the driveway shall be constructed to accommodate ten (10) foot
radius curb returns as required by the City Traffic Engineer.
9. That drainage of subjer_t property shall be disposed of in a manner
satisfactory to the City Engi.neer.
i0. That subject oropert_~ shall be aerved by undergtound utilities.
11. That prior to commencement of structural framing, fire hydrants
shall te installed and charged as requi.red and determined to be
necessary by the Chief of the Fire Department.
12. That trash 9tOCrlQP ar~.,s ~ti,37~ ~jn i,,py~-~;~G ar.d ~~~iiitaiued in
accordance with approved plans on file with khe Street Maintenance
and Sanitation Division.
13. That this Variance is graneed subject to the adoption of the Zoning
Ordinance in connection with Reclassification No. 80-81-39, now
pending.
14. That a parcel map combini~g the twu (2) existing parcels shall 6e
submitted tu the City of Anaheim and then be recorded in the Office
of the orange County Recorder.
15. That gates shall not be installed across the dciveway in a manner
which may adversely affect vehicular traffic in the adjacent public
streets. Installation of any gates within a distance of forty (40)
feec from said public street right-of-way shall be subject to the
t°view and appcoval uE the City Traffic Engineer.
16. That all lockable pede~trian vehicular access gates shall be
equipped with a•knox box" device to the satisfaction of the Chief
oE Police and the City Fire Marshali.
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17• That prior to final buildiny and zoning inspections, "NO parking for
stceet sweeping" signs shall be installed as cequired by the Street
Ptaintenance and Sanitation Divisioa and in accordance with
specifications on file with sai:J division.
1~• That all air cunditioning faciliries ~hall be properly shielded from
view, and the sound buf.fered from adjacent residential properties.
19• That a 6-foot hi9h ma~onry block wall shall be constcucted ar.d
maintained alon9 the easterly property line.
Z~• That ~ubject proper*y shall be developed substantially in accordance
with plans and cpecifi~ations on Eile with the City of Anaheim
marked Exhibit Nos. 1 khrough 3.
li• T'hat prior to issuance of a building per~it, or within a period of
one year from the date uf this resolutioi;, whicl:ever occurs first,
Condic.ion Nos. 1, 2, 3, 4, 6, 7, 13 and 14, above-mentioned, shall
be complied with. E;ctensions Eor further time to complete said
conditi~~ns may be granted i.i~ accordance with Sectioa 18.U3.090 of
the Anah,=im Municipal Code.
ZZ• That p~ior to tinal building and zoning inspections, Condition Nos.
5. 8, 9, 10, 12, 15, 16, 17, 18, 19 and 20, above-me~tioned, shall
be compl:ied with.
[S. That in compliance with Condition No. 15 of City Council Resolution
t~o. 81R-42?, gtanting Reclas~ification No. 80-81-39, that prio[ to
t:ie introducticn of an ordinance rezor.ing subject property or prior
to issuance of any building permits, which ever occurs first, the
City Council shall conduct a publir },Paring and ::uch other
procedures as recuired by law, to consider the closare of Cypress
StreEt at its west~~rly tecminus.
~~~ IT FURTfIER Rl.SOi.VED that the Anaheim City Planning Commission
does hereby Eind and detetmine that adonr.ion of «h.~ P,c~o2utl~n lb expressiy
~=~~i~~~v~ u~.~n applicant's ccmpliance with each and all of the conditions
hereinabove sct forth. S::ould any such condition, or any part th~reof, he
declared invalid or unenforceable by th2 final judgment of any court of
competent jurisdiction, then this Reso:ution, and any approvals hPrein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and appr ved by me this 29th day
of. April, 1985. `
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ATTEST; CHAIRMAN~ ANAH i. CITY PLANNING COMMISSION
_ ~11-~ 1° .~/ ~~, .
SECRbTARY, ANAHEIFI CITY PLANNSNG COMMISSION
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PC85-112
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEI[•1 )
I, Edith L. Harris, Secretary of the Anaheim City Planr.ing
Commissi.on, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on April 29,
1985, by the followiny vote of the members ther~of:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY~ HERBST, KING, LA CLAIRE
MC BURNEY
NOES: COb161I.^iSI0NER5: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNE£S WHEREOF, I have hereunto set my hand this 29th day of
April, 1985. ~ ~ n/„ -
~6ti1/L~~a-
SECRETARY, ANAHEIM C7mY PLANNING COD1tdISSION
_5_ PC85-112
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