Loading...
PC 85-148~ ^ RESOLUTION N0. PC85-148 A RESOLUTION GF TFIE ANAHEIM CITY PLANNING CO61b1ISSI0N THAT PETITION E'OR VARZANCE N0. 3488 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a veri.fied petiti~~n for Reclassificati~~n from HERBERT ARTHUR TANNF.R, ET AL, 3215 West Stonybrook Drive, Anaheim, California 92809, owner, and RICHARD PIERCE, 14771 Plaza Drive, Tustin, California 92680, agent for certain real property situated in the City of Anaheim, County of Orange, State of California, desccibed as follows: THE WEST ONE ACRE OF THAT PORTION OF TEIE NORTHEAST QUARTER OF THE NORTHEP.ST QUARTEZ2 OF THE NORTHEAST QUARTER OF SECTION 22~ ZN TOWt~SHIP 4 SOUTiI, RANGE 11 WEST, IN THE RANCHO LOS COYUTES, AS SHOWN ON A MAP THEREOF RECORDED IN BG~K 51, PAGE 11, ET SEQ., MISCEL'LANEOUS MAPS~ RECORDS OF SAID ORANGE COUNTY~ DESCRIBED AS FOLLOWS: BEGINNING AT A POINT t)N THE NORTH LZNE OF SAIP SECTION 22, WES'PERLY 462 FEET FROPi THE NORTHF.AST CORN$R THEREOF; THENCE WEST 198 FEET; THENCE SpUTH 660 FEET; THENCL CAST 198 FEET; THENCE NURTH 660 FEET TO THE POIN?' OF BEGZNNIt~G. EXCEPTING THEREFR061 TEIAT PURTION OF THE WEST ONE ACRE DESCRIBED AS FOLLOWS: BEGINNING AT A POZNT 462 F'E~T WEST OF THE NORTHEAST CpkNER OF SAID SECTION 22; RUNNING THENCE WEST 132 FEET; THENCE SOUTH 330 FEET; THENCE EAST 132 YEET; THEt~CE NORTH 330 FEET TO THE POINT OF BEGINNING. THE SOUTH ONE ACRE qF THE EAST TWO ACRES OF THAT PORTION OF THE NORTHEAST QUARTER OE' THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTI(~N 22, IP7 TOWNSHIP 4 SOUTH, RANGE 11 WEST~ IN THE RANCHO LOS ('OYOTES, AS SHOWN ON A MAP UF SAID RANCHO RECORDED IN BOOK 5!., PAGE 11~ MISCELLANEOUS MAPS, DESCR2REn T.S ?pLLO'r;S: BEGINNING AT A PUINT ON THE NORTH LINE OF SAID SECTION 22 4JESTERLY 462 FEET FROM THE N")RTHEAST CORNEF THEREOF; THENCE WEST 198 FEET; THENCE SOUTH 6b0 FEET; THENCE EAST .198 FEET; THENCE NORTH 660 FEET TO THE POINT OF BEGINNING. THE EASTERLX 40 FEET OF R'HE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE NORTHSA:T QUAI2TER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTEli OF SECTZUN 22~ I~7 TOWNSHIP 4 SOUTH~ RANGE 11 67EST~ SAN BERN.4RDIN0 BASE AN'~ MERIDIAN~ IN THE COUNTY OF ORANGE~ STATG OF CALIFURNIA~ BOUNDEll AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT 462 FEET WE;~T OF THE NORTHEAST CORNER OF SAID SECTION 22; RUNNING THENC7: WEST 132 CEET; 1'iiENCE SOUTH 330 FEET; THENCE EAST 13'l FEET; 1'HENCE NORTH 330 FEET TO THE POiNT OF BEGINNING. 0559r PC85-148 _ ~ ~ THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF TdE NORTHEAST QUARTER OF SECTION 22~ SN TOWNSHIP 4 SOUTH, RANGE 11 WEST~ SAN BERNARDINO BASE AND MERIDIAN~ BOUNDED AND DESCRIBED AS FOI~LOWS: BEGINNING AT POINT 462 FEET WEST OF THE NORTHEAST CORNER OF SAID SGCTION 22; RUNNING THENCE WEST 132 FRET; THENCE SOUTH 330 FEET; THENCE EAST 132 FEET; THENCB NORTH 330 FEET TO THE POINT OF IIEGINNIN~. EXCEPTING THEREFROM THE EASTERLY 40 FEET THEREOF. WHEREAS, the Ciky Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 10, 1985 at 1:30 p.m., rotice of said public hearing having been duly given as required by law and in accocdance with the provisions of the Anaheim Municipal Code. Chapter 16.03, to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideraticn of all evidence and reports offered at said hearing, does find and determine the following facts: 1. ThaL• the petitioner proposes waivers of the following to construct a~ f32-unit apartment complex: (a) SECTIUN 18.34.062.012 - Maximum structucal height. (1 storv within 150 feet of a sinqle_ family residential zone permitted; 2-stories at 48 to 110 feet from a sinqle-family residential zone to the west proposed) (b) SECTION 19.34.OG2.032 - Maximum number oE bachelor units. (16 bachelor units permitted; 18 bachelor units proposed) 2. That the above-mentioned waivers are hereby gcanted on the basis that there are special circumstances applicable to the property such as size, shape, topography, location and surroundings which do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Cod,: deprives the property of privileges enjoyed by other properties in t•he identical zone and classification in the vicinity. 3. That thece are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the proper.ty that do not apply genecaily to the property or class of use in the same vicinity and zone. 4. That the requested variance is necessary for the preservation and enjoyraent of a substantial property right possess=d by other propecty in the same vicinity and zone, and denied to the property i.n question. _2- PC85-148 s: 5. That the tequested variance will not be materially detrimental to the public welface or injurious to the property oc improvements in such vicinity and zone ir which the property is located. 6. That no one indicated their presence at said public h?aring in opposition; and that no correspondence was received in opposition to subject petition. ENVIRONME^1TAL IMYACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to recla~sify subject property from the RS-A-43,000 (Residential, Agricultural) 2one to the RM-1200 (Residential, Multiple-Family) Zone to conskruct an 62-unit apattment complex with waivers of maximum structural height and maximum number of bachelor units on a rectangularly-shaped parcel of land consisting of approximately 2.83 acces, having a frontage of approximately 203 feet on the south side of eall Road, and being located approximately 450 fe~t west of the centerline of Knott Stceet and further described as 3534 West Ball Road; and does hereby approve the Negative Declaration upon finding that it has considered the Nec,ative Declaration together with any comments received during the public review process and Purther finding on the basis of the initial study and any comments received that there is no substantial evidence that the project wi.ll have a significant efEect on the environment. N047, THF.REFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant sul~ject Petition for Variance, upon the following conditions which ace hereby fcund to be a necessary prerequisite to the proposed use of the subject preperty in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That this Variance is granted subject to the adoption of the 2oning Ordinance in connection with Reclassification No. 84-85•-39, now pending. 2. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purnos~s along 9a11 r~u@ zn az amount as determined by the City Council. 3. That prior to issuance of a building permit, primary water main fees shal.l be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 4. Thak prior ko issuance of a building permit, appropriate pack and recreation in-lieu fees shall be pain to the City of Anaheim in an amount as determined by the City Council. 5. 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. 6. That all driveways shall be cons:ructed to accommodate ten (10) foot radius curb returns as required by t.he City Traffic Engineer. 7. That dcainage of subject property shall be disposed of in a manne~ s3tisfactory to tha City Engineer. ~3 PC85-148 , :, 8. That subject property shall be served by underground utilities. 9. That prior to commencement of structural framing, fire hydrants shall be installed and eharged as required and determined to be necessary by the Chief of the Fire Department. 10. That trash storage areas shall be pcovided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 11. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public street, installation of any gates within a distance of forty (40) feet from said public street right-of-way snall be subject to the review and approval of the City Traffic Engineer. 12. That the proposed parking structure design shall conform to Enyineering Standard Plan No. 402 pertaining to standard details for parking structures and ramp requirements. 13. That the basement level containing the covered parking structure shall be located more cnan SOe below the eatural grade level of the site as measured Erom the exterior walls of said parking structure. 14. That all lockable pedestcian vehicular access gates shall be equipped with a'knox box' device to the satisfaction of the Chief of Police and the City Fire Marshall. 15. That prior to Einal building and zoning inspections, •NO parking for street sweeping' signs shall be installed as requiced by the Street Maintenance and Sanitation Division and in accordance with specifications on file with said division. 16. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view, and the sounci uuLLeCcci i[um aJja~ei~l [esicieutiai ~[uYe[cies. 17. That prior to issuance of buildinq permits, the applicant shall present evidence satisfactory to the Chief Bui.tding inspector that the proposed project is in co~iformance with Council Policy Number 542 •SOUnd Attenuation in Residential Projects' and with Noise Insulation Standards specified in the California Administrati~e Code, Title 25. 18. That a 6-foot high masonry block wall shall be constructed and maintained along the west property line. 19. That any proposed parking area lighting fixtures shall be down-lighted with a maximum height of 12 feet. Said lighting Eixtures shall be directed away from adjacent property lines to protect the residential integrity of the area. 20. That subject property shall be developed subsc.~ntially in accordance with plans and specifications on ~ile with the City oE Anaheim marked Exhibit Nos. 1 t.hrough 3. -4- PC85-148 ~. 21. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occucs first, Condition Nos. 1, 2, 3, 4, 5, 17. and 17, above-mentioned, shall be complied with. Extensions for further time to compiete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Dlunicipal Code. 22. That prior to final building and ~oning inspections, Condition Nos. 6, 7, 8, 10, 11, 13, .14, 15, 16, 1B, 19 and 20, above-mentioned, shall be complied with. BE ZT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine khat adoption of this Resolution is expressly pcedicated upon applicant's compliance with each and all of the conditions heteinabove set forth. Should any such condition, or any patt 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. THE FOREGOING RESOLUTION is signed and approved by me this lOth day uf June, 1985. ~ ~ ~'~- -G ~' i ~._ . sG~.: ~/J:-~ CHAIRMAN~ ANA[iEI CIiY PLANNING COMMISSION ATTEST: SECRETA Y~ ANAHEIM CITY PLANNING COMMISuION STA'rE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. C.iTY OF ANAHEIM ) I, E~ith L. Har[is, Secretary oE the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 10, 1985. by the following vote of the members thereof: AYES: COPIMISSIONERS: BOUAS~ BUSHORE~ FRX~ HGRBST, KING~ LA CLAIRE~ MC BURNEY NOES: COMMI3SIONERS: NONE ABSENT: COMb1ISSI0NERS: NONE IN WITNESS WHEREOC, I have hereunto set my hand this lOth day of June, 1985. ~~..~ .~_°~ _ SECRETARY, ANAHEIM CITY PLANNING COMPITSSION -5- PC85-148