PC 85-158. ~.
RESOLUTIOIJ N0. PC85-158
A RCSOLUTION OF THE ANAIiEI~9 CITY PLANNING COMMISSZQN
THAT PETITION FOR VARIAP7CF. NU. 3482 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a ve[ified
petition for Variance feom ORVILLE B. WOODS, ET AL., 1224 East La Palma
Avenue, Anaheim, California 92805, owner, and t4AGDY HANNA, 4000 MacArthur
goul2vard, Suite 680, Newport Beach, Califo[nia 92560, agent for certain real
property situated in che City of Anaheim, County of Orange, State of
Califocnia desctibed as:
ALL THAT PORTION OF LOT 1, ANAHE?.M EXTENSION IN THE CITY OF
ANANEIPI~ AS SFIOWN ON A NAP THEREOF AiADE BY WILLIAM HAMEL AND
ON FILE IN THE UFPICF. OF THE COUNTY RECORDER OF LOS ANGELES
COUNTY~ CALIFORNIA~ hIGRE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF .SAID LOT 1~
SAID POINT BEING ON THE SQUTHERLY LINE OF EAST LA PALMA
AVENUE~ ~SOMETZIdES CALLED EAST NURTH STREET) 60 FEET ZN
WTDTFI~ ANL SAID POINT BEING DISTANT WESTERLY P.LOhG SAID
SOUTHERLY LINE 791.54 FEET FROPf THF: NORTHEASTERLY CORt1ER OF
SAID LOT 1, ~AID POINT ALSO BEZNG THE NORTHEASTERLY CORNER OF
THE LAND CONVEYED TO JOHN AND LORENE YOAERS BY DEED RECORDED
IN BOOK 1782, PAGE 33, OFFICIAL RECORDS OF OP.ANGr'. COUNTY;
TEiENCE SOUTHEAST£RLY ALONG THE NORTHEASTERLY LINE OF SAID
LP.ND OE YODERS 188.10 FEET, D10RE Ok LESS, TO THE
SOUTHEASTEkLY CORNER OF SAID PARCEL; THENCE NORTHEASTERLY
ALONG THE SOUTHEASTERLY LINE OF LAND CONVEYED TO J. E.
WALTER, ET AL., BY DEED RECORDED IN BOOK 1514, PAGE 377~
OFFICIAL RECGRDS OF ORANGE COUNTY, 71.80 FEET; THENCE
NORTHWESTERLY PARALLEL WITH SAID NORTHEASTERLY BOONDARY OF
YODERS, A DZSTANCE OF 167.10 FE6T~ MORE OR LESS~ TO ?'HE
SUUTHERLY LINE OF SAID LA PALMA AVENUE; THENCE WESTERLY ALONG
SAID ~OUTHERLY LINE 74.51 FEET TO THE POINZ OF BEGINNING.
ALL THA'P YUkTlUN UF' ''.'eE kHNC'riU SF+Iv JiiAiv Cn.iGI: Di: SAi+ii. li:i:~
BEING A PORTION OF LOT 1 OF ANAHEIM EXTENSION~ IN THE CITY OF
ANAHEII4, AS SAID LOT 1 IS SHQwN dN A MAP OF SURVEYED MADE BY
WiLLIAM HAt9EL AND ACI(NOWLEDGED BY ALFRED ROBINSOh~ TRUSTEE~
ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGiLES
COUNTY~ CALIFORNIA~ MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH LINE OF SAID LOT, BEING ON
THE SOUTH LINE OF LA PALMA AVENUE~ DISTANT THEREON 741.59
:EET WEST OF THE NORTHEAST CURNER OF SAID LOT AND RUNNING
THENCE WEST ALONG THE NORTH LINE OF SAID LOT~ 76.25 FEET;
THENCE SOUTHERLY PARALLEL WITH EASTERLY LZNE OF SAID LOT~
209.41 FEET; THENCE NORTti 73° 54' 25' EAST 73.4 FEET TO A
LINE WISICH IS PARALLGL ~JITH THE EASTERLY LINE OF SAID :,OT
THROUGH THE POINT 0[' BEGINNING; THENCE NORTFiERLY ALONG SAID
LAST P1Et7TI0NED PARALLEL LINE TO THE POINT OF BEGINNING.
U561r
PC85-158
e
wHEREAS, the City Planning Commission did hold a public hearing at
the Civic Centec in the City of Anaheim on June 24, 1985, at 1:30 p.m.~ notice
oE said public hearing having been duly given as required by law and in
accordance wikh the provisions of the Anaiieim t4unicipal Code, Chapter 18.03,
to t~ear and c•~nsider evidence for and against said proposed variance and to
investigate and make findings and recommendations in connection there~vith; and
WHEREAS, saitl Commission, after due inspection, investigation and
study made by it~elf 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 in order
to construct a 2-story, 22-unit apartment complex:
SECTION 18.34.062.012 •- Maximum structural heiqht.
(1 storv within 150 feet of a residsntial
single-familv zone permitted; 2 stories
proposed 49-, 6- and 126-feet from sinqle-
family zoning to the south, west and north)
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, topoyraphy, location and surroundings which do not apply to other
identically zoned property in the same vicinity; and that strict appLication
of the 2oning Code deprives the property of privileges enjoyed by other
properties in the identical zone and classification in the vicinity; and that
the property to the west has a resolution of intent to the RM-1200 Zone,
finalization of whir_h zoning ~iill etiminate the need for the waiver on that
side.
3. That the pcoposed variance is hereby granted subject to the
petitionar's stipulations at the public hearin9 that there will be no windows
or open stairways on the south side of the complex and that the landscaped
setback area ad7acenc to the souttie[ly pcopetty line shall include minimum
15-gallon trees planted on 3-foot centers ace approved by the Planning
DeYartment SEaif.
4. That there are exceptiona.i or extraordinary circumstances or
conditions applicable to the property involved or to the intended use of the
propecty that do not apply genecatly to the property ur class of use in the
same vicinity and zone.
5. That the requested vaciance is necessary for the nreservaej~,n
~nd enjoyment of a substantial propecty right possessed by othec ::ropecty i.
the same vicinity and zone, and denied to the property in q~estion.
6. That the requested variance will not be materially ~nental
to the public welfare or injurious to the property or improvemen_ n such
vicinity and zone in which the propert-y is Located.
7. That one person indicated his presence at the April 29, 1985
public hearing in opposition; and tt~at no corcespondence was received in
opposition to su~ject petition.
-2- PC85-158
• ,,.~.
ENVIRONMENTAL It4PACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct a 2-skory, 22-unit apartment
complex with waiver of maximum structural height on an irregularly-shaped
parcel of land consisting of apptuximately 0.79 acre, having a frontage of
approximately 226 feet on the south cide of La Palma Avenue and further
described as 1224, .1228 and i236 East La Palma Avenue; and does hereby approve
the Negative Declaration upon finding that it has considered the Negative
Declaration together with any comments received during the public review
process and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a
significant effect on the environment.
NOW, THEf2EFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hsreby grant subject Petition foz Variance, upon the following
conditions which are hereby found to be a necessary prerequisite to the
proposed use of the subject property in order to pre~erve the safetr a,-,d
general welface of the Citizen~ of the City of Anaheim:
1. That the owner of subject property shall irrevocably offer to
dedicate to the City of Anaheim a strip of land 53 feet in width
from the centerline of the street aiony La Palma Avenue for street
widening purposes.
2• That the existing curb and gutter shall be removed and reconstructed
at the ultimate location and that all engineering requirements of
th? City oE Anaheim along La Palma Avenue, including preparation of
improvement plans and installation of ail improvements such as curbs
and gutter~, sidewalks, water f.acilitie~, street grading and
pavement, sewer and drainage facilities, or other appurtenant work
shall be complied with as required by the City Engineer and i.n
accordance with specifications on file in the Office uf the City
Engineer; and that securit; in the form of a bond, certific?Le of
deposit, letter of ctedit, or cash, in an amount and form
satisfactory to the City of Anahe.im, shall be posted with the City
to guarantee the satisfactory completion of said improvements. Said
securiey shall be posted with rhn Ciry prior t~ i~suanc~ of huil3fr.g
p?rmits to guarantee the instatla~cion of the above-required
improvements prior to occupancy.
3. That street lighting facilities along La Palma Avenue shall be
installed as required by the Utilities Gener.al Manager in accordance
with specifications un file in khe qLfice of Utilities General
Managec, and that security in the form of a bond, certificate of
deposit, letter of credit, or cash, in an amount and form
satisfactory to the City of Anaheim, shall be posted with the City
to guarantee the satisfactory completion of the above-mentioned
impcovements. Said security shall be posted with the City of
Anaheim prior to issuance of buildi.ng permits. The above-=equired
improvements shall be installed prior Co occupancy.
4. That the owner of subject property ~hall pay to the City of Anaheim
a fee foc tree planting purFoses along Lz Palma Avenue in an amount
as determined by the City Councii.
-3- PC85-:56
i'tiv~"W43K~
5, TEiat prior to issuance of a building pecmit, primary watec main fees
shall be paid to the City of Anaheim, in an amount as determined by
the Office of the Util?ties General htanager.
6, That pcior to issuance of a building permit, appropriate park and
recreation in-lieu fees shall be paid to the City of Anaheim in an
amount as determined by Lhe City rouncil.
7, 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 detecmined by the City Council for each new dwelling unit.
g, That the driveway shall be designed to accommodate ten (10) foot
radius curb returns as required by the City Traffic Engineer.
9, That drainage of subject propecty shall be disposed of in a manner
satisfactory to the City Engineer.
10. That subject ~roperty shall be served by underground utilities.
11. That pcior r~ commencement of skructural £raming, fire hydzants
shall be installed and charged as required and determined to be
necessar.y by the Chief of the Fire Depactment..
iZ. ThaC teash storage areas st~a21 be provided and maintained in
accordance with approved plans on file with the Street Maintenance
and 5anitation Division.
13. Tt~~t this Variance is yranted s~bject tu the adoption of the Zoning
Ordinance in connection with Reclassification No. 67-68-58, now
pendin9.
14. That gates shall not be ir.stalled across the driveway in a manner
which may adversely affect vehicular traffic in the adjacent public
`%t:rect. ;r,sZaliacioa ~f ~~•7 S~~es witiiin a distance oc sixty (6U1
feet from said public street right-of-way shall be subject to the
review and approval of the City Traffic Engineer.
15. That the proposed parking structure design shall conform to
Er.g.ineering Staodard Plan No. 402 pertaining to standard details fo[
parkin9 structuces and ramp requirements.
16. That the basPment level containing the covered packing shall be
located more than 508 below the natural grade level of the site as
mea~ured from the exterior walls of the building.
17. That a parcel map combining the three (3) existing paccels into one
(1) shall be submitted to the City of Anaheim and then be recorded
in the Office of the Orange County Recorder.
lg, That the vehicular access rights to La Palma Avenue, except at
~pproved access points, shall be dedicated to the City of Anaheim.
19. That all lockable pedestrian and vehiculac access gates shall be
equipped with a'knox box• device to the satisfaction oE the Chief
of Police and the City Flre Marshall.
'`~' PC85-158
__. ,~.,,
Zp, That prior t~ final s~ceet inspections, 'No parking foc street
sweeping" sig~~s shall be installed as required by the Street
Maintenance and Sanitation Division and in accordance with
specifications on file ~.aith said division.
21, That all air conditioning facilities ~hall be properly shielded from
view, and the sourd buffered fro,,, adjar.ent resider.tial properties.
Z~, That prior to iss~~ance of building perr~~its, tF.e applicant shall
present evidence satisfactory to the Chiet Building inspector that
the prooosed project is in conformance with Council. Policy Number
542 "SOUnd Attenuation in Residentiai P:ojects" and with Noise
insulation Standards ~pecified in the California Administrative
Code, Title 25.
23, That a six (6) foot high masonry block wall shall be constructed and
mainteined along the south and ~est ptopecty lines.
24, That subject pcoperty shall be develoged substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Revision No. 2 oF Exhibit No. 1; provided, however, that
there shall be no windows or open stairways on the south side of the
project; and that the 25-foot wide landscaped setback area adjacent
to the southecly property line shall have minimum 15-gallon trees
planted on 3-foot centers as approved by the Planning Department
Staff.
Y5, That prior to issuance of a building permit, or within a period of
one year from the date of this resolution, whichever occure first,
Condition Nos. 1, 2, 3, 4, 5, 6, 7, 13, 15, 17, 18 drtd 22,
above-mentioned, shall be complied with. F.xtensions for further
time to complete said conditions may be granted in accocdance with
Section 18.03.U90 of tt~e Anaheim Municipal Code.
zb, That prior to final building and zoninq inspections, Conoition Nos.
8, 9, L0, 12, 14, 15, 19, 21r 23 ~nd 24, above-mentioned, shall be
comp.lied Nith.
BE IT PURTHEk RESOLVED that the Anaheim City Planning Commissi.on
does hereby find and determine that adoption of this Reso;utLOn is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Should any such condition, oc any part thereof, be
declared invalitl or unenforceable by the final judgment of any court of
competent jucisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
TH6 POREGOING RESOLUTION is signed and approved by me this 24th dxy
of June~ 1985. --~ ~
~~ ~
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~ - C AIRPIAN, ANAHF~ FT• ITY P ANNING COMMISSIOiI
AT'1'ES~ - `
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SECREThRY~ ANAfiEIPI CI'PY PLANNING COMPIISSION
-5- PC85-158
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STATE OF CAL.iFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANANEIM ~
I, Edith L. Harris, Secretary of the Anaheim City Pl.anning
Commission, do heceby certify that the foreyoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on June 24,
1985, by the following vote of the members theteof:
AYES: COMMISSIONERS: BOUAS, BUSNORE, HERBST~ KING, MC B~RNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FRY, LA CLAIRE
IN WZTNESS WHEREOF, I have hereunto set my hand this 24th day of
June, 1985. ^
~0.~ ~ ~' _
SECRETARY~ ANRHEIM CITY PLANNING COMMZSSION
, _6_ PC85-158
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