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PC 85-200„~., RESOLUTiON N0. PC85-200 A RESOLUTIO[J OF THE ANAHEIM CITY PLANNING COMMiSSION THAT PETLTION FOR VARIANCE NU. 3507 IIE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition foc Vari.ance from ELTON C. SNAVELY AND MAE BELLE SNAVELY, 1259 North Batavia Street, Orange, California 92667, owners, and CHARLES A. ROSS, 438 East Katella Avenue, Orange, California 52667, agent for certain real propecty situated in the City of Anaheim, County of Oranae, Stace o£ California, described as fullows: THE NORTH 180 PEET OF THE PORTION UF THE WEST HAL•F OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, iN TOWNSHZP 4 SOUTH~ RANGE 11 WEST~ S.B.B. S M., iN THE CITY OF ANAHEIM~ DESCAIBED AS FOLLOWS: PARCEL 1: BEGINNING AT THE NURTHEAST CORNER OF SAiD WEST HALF; THENCE SOUTH 0 UEGREE 10' 40" EAST ALONG THE EASTERLY LSNE OF SAID WEST HALF, 910.15 FEET; THENCE SOU1H 89 DEGREE 40' 40" WEST "139.30 FEET; THENCE NORTH 0 DEGREE 10' 40" WEST 910.15 rEET TO THE NOP,iH LINE OF SAiD SECTION 22; THENCE NORTH 89 DEGREE 40' 40' EAST ALONG SAiD NORTH LINE, 239.30 FEET TO THE POIN1 OF BEGINNING. WHEREAS, L-he City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 19, 1385 at 1:30 p.m., notice oE said r~ublic hearing having been duly given as required by law and in accordance with the provisions of the Anaheim t•tunicipal Code. Chapter 18.03, to hear and consider evidence for and ayainst said proposed reclassification and *_o investigate and make findings and recommendations in corinection therewith; and WHEkEAS, said Commission, after due inspection~ investigation and stud,~ made by itselt and in its behalf, and aPter dne consideration oF all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitionee propuses waivers oE the following to construct a 23-unit apartment complex: (a) SECTION 18.34.062.012 - Maximum structural heiqht. (1 story within 150 Eeet of a sinale- Eamily residential zone permitted; 2-stories at 52 feet from a sinqle-familv residential zone to the west and 70 feet from a single-fartiilv residential zone to r_he south proposed) (b) SECTION 18.34.062.032 - Maximum numbar uf bachelor units. (208 or 4 bachelor units permitted; 228 or 5 bachelor units proposed) U604r PC85-200 ~~\ 2. That the above-mentionpd waivers are hereby granted on the basis that there are specia.l circumstances applicable to the p~operty 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 oE the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. 3. That there are excepti.onal or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that ao not apply generally to the property or class of use in the same vicinity and zone. 4. That the requested variance is necessacy for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the pcoperty in question. 5. That the reguested variance will not be mater~ally detrimerital to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 6. That no one indicated their presence at said public hearing in opposiL•ion; and that no correspondence was received in oppcsiEion to subject petition. ENVIRONMENTAL IPIPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to zeclassify subject pro~erty fcom the RS-A-43,000 (Residential, A9ricultural) Zone to the RM-1200 (Residential, M~ltiple-Family) Zone to construct a 23-unit apartment compiex with waivecs of maximum structutal hEight and maximum number. oP bachelor units on a rectangularly-shaped parcel of land consisting of approximately 0.70 acre, having a frontage of approximately 239 feet on the south side of Bali Road, and further described as 3614 WP~t Ball Road; and does hereby approve the Diegative Declaration upon finding that it has considered the Negative Declaration together ~iith 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 wi11 have a significant effect on the enviro~~ment. NUW, THEREFORE, BE LT P.ESOLVED that the Anaheim City Planning Commission does hereby grant• subject Petition for Variance, upon the fol.lowing conditions wt3ich are hereby tound to be a necessary pcerequisite to the proposed use of the subject property ir~ order to preserve the safety and general welfare of the C'itizens of the City of Anahezm: 1. That prioc to issuance of a building permit, appropriate park and r~creation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 2. That prior to issuance oE 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 gates shall not be installed acros:> any driveway in a manner which m~~y adversely affect vehicular traffic in the adjacent public streets. Installation uf any gates within a distance of forty (40) feet from said public skreet rights-of-way shall be subject to the review and approval of L•he City Traffic Engineer. j -Z- PC85-200 _'~3':'f'rr.'.~ , _ _ 4. That the proposed parkinq structure design shall conform to Engineering S~andacd Plan No. 402 pertaining to standard details for parking structures. 5. That the driveway shall be constructed to accommodate ten (10) foot radius curb returns as requiced by the City TraEfic F.ngineer. 6. That drainage of subject property shall be disposed of in a manner sati.sfactory to the City Engineer. 7. That subject pcoperty shall be served by underyround utilities. 8. That prior to commencement of structural framing, fire hydcants shall be installed and charged as required and detecmined to be necessary by the Chief ot the Fire Department. 9. That trash stocage areas shall be peovided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation uivision. 1U. Th~t priar to issuance of a building pexmit, primacy water main fees shall be paid to the City of Anaheim, in an amount as determined by the Uffice of the Util+'.tiec General t4anager. 11. That the owner of subject property shall pay to the City of Anaheim a fce for tree planting purposes along Ball Road in an amount as d?termined by the City Council. 12. That the basement level containing t.he covered parking shall be designed to be located moce than 502 below the natural grade level as measured feom the exte~ior walls of the building, and constructed as such. 13. That all lockable pedestrian and vehicular ~cces~ gates shall be equipped with a"knox box' device to the satisfaction of the Chief of Police and the City E'ire Macshall. 14. That prior to Einal building and zoning inspections, "NO packing for street sweepin9" signs shall ba installed as required by the Street Maintenance and Sanitation Division and in accordance with specifications on file with said division. 15. That all air conditioning facilities and other roof and ground mounted equipment shall be properly ~hielded from view, and the sound buEfered from adjacent residential properties. 16. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Buildir.g Snspector that the proposed project is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects' and with Noise Tnsulation Standards specified in the California Administrative Code, Title 25. 17. That a six (6)-foot high masonry block wall shall be constructed and maintained alon9 the west, south and east pcoperty lines. '3' PC85-200 18. That any proposed parking area lighting f.ixtures shall be down-lighted with a maximum height o£ 12 feet. Said lighting fixtures shall be directed away from adjacent property lines to protect the residenti.al integrity of the area. 19. That this Variance is granted subject to the adoption of the 2oning Ordinance in connection with Reclassification No. 85-86-04, now pending. 20. That the owner of subject property shall submit a letter requesting termination of Variance No. 2587 to che Planninq Department. 21. That subject ~r.operty shall be developed substantialty in accordance with plans and specifications on file with the City of Anaheim ~arked Exhibit Nos. 1 and 2, 22. That p[ioc to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 7., 2, 10, 11, 12, 16, 19 and 20, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be yranted i^ accordance with Section 18.03.090 of the Anaheim Municipal Code. 23. That priar to final building and zoni.ng inspections, Condition Nos. 3, 4, 5, 6, 7, 5, 13, 14, 15, 17, 18 and 21, above-mentioned, shall be comolied with. BE iT FUR4~HEk RESOLVED that Lhe Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with >ach 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 jurisdiction, Lhen this Resolution, and any approvals herein contained, shall be deemed null and void. TfIE FOREGOINC RESOLUTION is signed and approved by me this 19th day of Augast, 1985. .I ^ /) _~ s`i ~.c.~-~, r .~/~Y ~ ~~CL-c.c_ CHAiRWOMAN, ANAHEiM CITY PLANNING COMMiSSION ATTEST: ~ , ~i (; ,G.~<"l~< <; ~ ~ ~,.~~ S6CkETARY~ ANAHEIM CiTY PLANNING COMDIISSTON -4- PC85-200 ~'~ ~ STATE UF CALIFORNIA ) CUUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) i, Edith L. Harris, Secretacy of the Ai.aheim City Planning Commission, do heceby certify that the foregoin9 cesolution was passed and adopted at a meeting of the Anaheim City Plannin9 Commission held on August 19, 1985, by the following vote of the members thereof: AYES: COMPIISSIUNERS: BOUAS~ FRY, HF.RBST, LA CLAiRE~ LAWICKI~ MESSE NOES: COhIMISSiONERS: NO~IE AIISENT: COMMISSiONERS: MC BURNEY IN WSTNESS WNEREOF, I have hereunto set my hand thi~ 19th day of August, 1985. ~ ~ - ~ ~ , ,~ ~r,ltiti« SECRETARY, ANAHEiM CITY P:,ANNZNG COtr1MiSSiON _5_ PC85-200