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PC 85-167RESOLUTION NO. PC~5-167 A RESULUTION OF THE ANAHEIM CITY PLANNING COMMISSIO[4 THAT PETITION FOR VARIANCE N0. 3492 BE GRANTED ^ WHExEAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from ROY 61. KOYANO, 1479-1/2 Allison Avenue, Los Angeles, California 90026, owner, and ALCOM INC., 600 South Brookhurst Street, Anaheim, California 928p4, ATTN: h1ARGE KAmO, agent for certain real property situated in the City of Anaheim, County of Orange, State of California described as: THE WESTERLY 66 FEET OF THE EASTERLY 225 FEET OF THE SOUTH ONE HALF OF THE SOUTHWEST QUARTEP. OF THE SOUTHWEST QUARTER OF THE NORTfiWEST QUARTER OF SECTZON 14~ TOWNSHIP 4 SOUTH, RANGE 1.1 WEST~ SAN BERNARDINO BASE AND MERIDIAN. wH~REAS, the City Planning Commission did hold a public hearing at the Civic Center in the city of Anaheim on June 24, 1985, at 1:3D p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Plunicipal Code, Chapter 18.03, to t~ear and consider evidence for and against said proposed vaciance and to investigate and make findings and recommendations in connection therewith; said public hearing having been continued to the Planning Commission meeting cf July F3, 1585; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearinq, does find and determine L•he followinq facts: l. q~hat the petitioner proposes a waiver of the following to construct a 2-story, 10-unit apartment complex: S£C:IOt~ io.3•i.Gue.ul~ - Maximum buildina hei4ht. (1-storv permitted within 150 feet of a residential single-family zone; 2 stories p:oposed 113 Eeet from single-family re~idential zoning to the southeast) Z• That the above-mentioned waiver is hereby granted on the basis that there are special circumstances applicable to the property such as size, shape (long and narzow), tooography, location and surroundings which do not apply to other identically zoned property 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 t;he vicinity. 3• That the proposed variance is hereby granted subject to the petitioner's stipulation that the grade of the property will not be raised above the existing grade level. 057Ur PC85-167 4. That there are exceptional or extraordinacy ci.rcumstances or con~itions applicable to the property involved or to the intended use of the propecty that do not apply genecally to tne propexty or class of use i.n the sa~oe vicinity and zone. 5. That the requ~sted vaciance is necessary for the preservatiun and enjoyment of a substantial property right possessed by other property in the Name vicinity and zone, and deniea to the property in question. 6. That the requested vaciance will not be materially detrimental to the public welfar.e or injurious to the property or improvements in such vicinity and zone in which tha prcperty is located. 7. That no o~~e indicated their presence at said public hearing in opposition; and that no corcespondence was ceceived in opposition L-o subject petition. EiVVIROtdMENTAL Ih1PACT FIND7NG: That the Anahei.ri C;ty Plant~ing Comnissiuri has reviewed the proposal to construct a cwo-story, 10-unit apartment complex with waiver of maximum building height on a rectangularly-shaped parc.el of land consisting of apptcximately 0.43 acre, having a frontage of apocoximately 66 feet on ~he r.o~th side of Urange Avenue, ar.d fucther described as 3423 West Oranae Avenue; and does hereby approve the Negative Declaration upon findino that it has considered the Negative Leclaration togethec 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 Fvidence that the project will have a si9nificant effect on the environment. ~UW, THEREFURE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby 9rant subject Petition for Variance, upon the £ollowing conditions which are here+b,y found to be a necessacy prerequisite to the proposed use of the subjact property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the owner oP subject pcoperty shall pay to the City of Anaheim a f.~~ for rre~ nlanting purpo~es atong Oranae Avenue in an amount as determined by the City Council. 2. That prior 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 the City Council. 3. That prior to issuance uf a building permit, the appropriate traffic signal assessment Eee shall be paid to the City of Anaheim in an amount as determined by tne City Council for each new dwelling unit. 9. That the existing most easterly driveway on Ocange Avenue sha11 be removed and replaced with a standard curb, gutter, sidewalk and landscaping. 5. That the proposed parking structure design shall conform to Engineering Standard Plan No. 402 pettaining to standard details for parking structures and ramp requirements. -Z- PC85-167 ~ ~ ~ . ,~.ci.~ 6. That the driveway shall be constructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 7. That drainage of subject property shall be disposed of in a mann~r satisfactocy to the City Gngineer. 8. That subjecL- property shall be served by underground utilities. 9. That prior to commencement of structural frami•ig, fire hydrants shall be installed and charged as required an~ determined to be neces~ary by the Chief oE the Fire Uepartment. 10. That trash storag~ areas sha11 be provided and maintained in accordance with appcoved plans on file with the Street Maint~nance 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 streets. Installation of any gates within a distance of forty (40) feet fram said public street rights-of-way shall be subjec.t to the ceview and approval oL the City Traffic Engineer. 12. That the basement level containing tne covered parking structure shall be located more thac 508 (as measured from the surface of any floor and the surface of the next floor above it) below the natural grade level as measured teum the existing site elevation at the property li~~es. 13. That all lockable pedestcian vehiculac access gates shall be equipoed wiL-h a"knox box" device to the satisfaction of the ChieF of Police and the City Fire Marshall. lA. That fire sprinklers shall be installed as required by the City Fire Plarshall. 15. ^_'ha_ ~.c ~w~~:it:g fc: .,Lract ..;;ce~::t;y' ~igrs si~a21 bc installed as required by the ~treet Dfaintenance and Sanitation Divisicn and in accordance with specifications on file with said division. 16. That all air conditioning facilities and uther roof and 3rc+und mounted equipment sha11 be properly shi?Lded from view, and the sound buffered fcom adjacent residential pcoperties. 17. That prior to issuance of building permits, the applicant shail present evidence satisfactory to the Chief euilding Inspector that the proposed project is in conformance with Council Policy Number 542 "Sound Attenuati.on in kesidential Projects' and with Noise Insulation Standards specified in the California Administrative Code, Tit1e 25. 18. That subject pcoperty shall be developed substantially in accordance with plans and specifications on Eile with l-he City of Anaheim marked Exhibit Nos. 1 through 3; provided, however, that the grade of the property will not be raised above the existing grade level. -j- PC85-167 19. That prior L•o issuance of a building permit, or wiL•hin a period of one year f.rom the date uE this resol~tior, whichever occurs Eirst, Condition Nos. 1, 2, 3, ~, 12 and 17, above-mentioned, shall be complied with. Extensions for fucther time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 20. That ptior to final building and zoning inspections, Condition Nos. 4, 6, 7, 8, 10, 11, 13, 14, 15, 16 and 18, above-mentio~~ed, shall be complied with. BE IT FURTfiER P.ESOLVED that the Anaheim City Planning Comr,iis~ion does hereby find and determine that adoption of this Resolution is exp~essly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jucisdiction, then t}iis Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is sig~ed and appr ved of July, 19&5, ,, ~ bY~ me this 8th day _.`\ _: , ~ : ~,LC- "-~~ ~~i/1 ~ -.-~ CHAIRMAN, ANAHEIM CI:Y PLANNING COMMISSION ATTEST: ~~ . SECRETARY, ANAHEIM CITY PLANNII7G COPiPfISSION STATE OF CALiE'URNIA ) COi1NTY OP OkANGE ) ss. CITY OF ANA[IEIM ) I. Edith L. Harris, S~r~nt~,_1 og ~2;e nnui,eim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the J~naheim City Planning Commission held on July 8, 1985, by the folJ.owiny vote of the members thereof: AYES: COMtdISSIONERS: DOUAS, BC~SHURE, FRY, HERBST~ KING, LA CLAIRE, MC BURNEY NOES: COMAtISSIONERS: NONE ABSENT: COFIAtISSION~kS: NONE IN WITNESS WEIEREOF, i have hereunto set my hand this 8th day of July, 1985. ~~"`~'~ ~ ~~`''L~~ SECRETARY, ANAFIEIM CITX PLANNING COMMISSZOtv -4 PC85-167