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PC 85-228RESOLUTION N0. PC85-226 A:ESOLUTION OF THE ANAHEIM CITY PLANNING CO[4MISSION THAT PETITION FOR VARIANCE N0. 3514 BE GRANTED, IN PART WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Va[iance from Pn.BLO W. ROSAS, 2115 East Reseda Place, Anai~eim, California 928U6 & ~OSEPH A. TODHUNTER, 8549 La Daya Avenue, Fountain Valley, California 92708, owners of certain real property situated in the City of Anaheim, County of Orange, State of CaliFOrnia described as: LOT 11, TkP.C1 303~ RIMI~AU SQUARE, AS PER MAQ RECORDED IN BOOK 15~ PAGE 2U OF MISCELLANEUUS MAPS~ IN TEiE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hnld a public hearing at the Civic Center in t.he City of Anaheim on October 14, 1985, at 1.:30 p.rn., notice of said public nearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, lo hear and consider evidence for and against said proposed variance and to inveatigate and make findings and recommendations in cannection therewith; said public hearing having been continued to the Planning Commission meeting of Octobec 28, 2965; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and +_n its bchalf, and aEler due cons;dera~ion of all evidence and ~eports oEfered at said hearing, does find and determine the Eollowing facts: 1. That the petitioner proposes waivers of the ?ollowing to construct a 3-story, 5-unit apart:nent complex: (a) SECTION 16.34.p61.010 - Minimum b~ildin4 site area per dwellina unit. (b) SECTION 18.39.U62,011 - Maximum structi:raZ heiqht. AN~ 18.01.200 (? ctoriAS at 30 fect hiah ~;ermitted; Z ana 3 stories at 29 and 31 feet hiqh proposed) (c) SECTION 18.34.062.020 - Maxi.mum site coveraqe. (558 pe~mitted; 698 proposed) (d) SECTION 18.34,062.037. - Minimum floor area. (e) SECTION 18.34.063.012 - Minimum structural setback. (f) SECTION 18.34.063.032 - Minimum recreational-leisure areas. (g) SECTION 18.34.065.020 - Minimum width of pedestrian accesswavs. 2. That tl~e requested waivers (a), (d), (e), (f) and (g) are hereby denied on the basis that the original plans submitted were for a 3-story, 6-unit affordable apartment complex and that revised plans were submitted for a 3-story, 5-unit apartmenk com~lex deleting said waivers. 0634r PC85-228 I~~~ 3. That the requested waivers (b) and (c) are hereby granted on the basis that there are special circumstances applicable to the propert,y s~ch as size, shape, topography, location and surroundings which do not apply to other identically zoned property in the same vicinity; and that stricl• application of the Zoning Code depcives the property of p~ivileges enjoyed by othec properties in the identical zone and classification in the vicinity. 4. That there are exceptional or extraordinary circumstances ~r conditions applicable to the p~ope.rty involved or to the intended use of the property that do not apply generally to the property or class of use in the same 'ricinity and zone. 5. That the reguvsted variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the ptopezty in question. 6. That the requested variance will not ~~ materially detcimental to the public welEare oc injurious to the property or improvements in such vicinity and 2one in which the property is locate~. 7. That no one indicated their presence at said public hearing in oppo~ition; and that no correspondence was received in opposition to subject petitiun. ENVIRONMENTAL IMPAC'P FINDING: That the Anaheim City PlanniRg COmmiSSiOn has reviewed the propossl to construct a 3-story, 5-unit apartment complex with waivers of maximum skcuctural height and maximum site covecage on a cectangularly-shaped parcel of land consisting of approximately 7,057 square feet, having a frontage of approximately 50 feet on the west side of Melrose Street, and further described as 123 South blelrose Street; and does hereby approve the Negative Ueclaration upon findin~ that it t~as considered the Negative Declaratiun together with any comments received during the public review process and futther finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a eignificant effect on the environment. NOW, THEREFORE, BE ZT RESOLVED that the Anat~eim City Flanntng Commission does hereby grant subject Petition for Variance, upon ::he f~~llowing conditions which are hereby found to be a necessary prerF•quisite tc the proposed use of the subject peoperty in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That prior to issuance of a bifilding permit, appropriate park and recreation in-lieu fees shall be priid to the City oc Anaheim in an amount as determined by the City Council. 2. That prioc to issuance of a building pet:mit, the approptiate ttaffic signal assessment fee shall be paid to the ~:ity !~f Anaheim in an a;nount a~ determined by the City Council for •~ach new dwelling unit. 3. That all engineering requirF•mer.ts of the City of Anaheim along Melrose 5treet, including prepacation of improvement plans and installation of all improvements such as curbs a~~d gutte~_~, sidewalks, water facilities, street grading and paverient, sewec and drainage facilities, or other -2- PC85-228 i " ....;._.~ appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Officp uf the City Lngineer; 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 said improvements. Said security shall be posted with the City prior to issuance of building pecmits, to guarantee the inatallation of the above-required improvenents prior to occupancy. 4. That drainage of subjpct property shall be disposed of in a mannec satisfactory to the City Engineer. 5. That the driveway shall be constructed to accommodate ten (10) foot Ladius curb returns as required by the City Traffic Engineer. 6. That prior to issuance oE a building permit, the owner of subject property shaJ_1 pay to the City of Anaheim a fee for street lighting along Melrose Street in a~i amount as determined by the City Council. 7. That prioc to issuance of a building permit, the owner of subject propPrty shall pay to tte City of Anaheim a fee for tree planting purposes along Meirose Street in an amount as determined by tne City Council. 8. That the proposed parking structure design shall conf.orm to Engineering Standard Ylan No. 402 pertaining to standard details for parking strur_tures, 5. That prior to commencement of structural framing, fire hydrants shall be =nstalled and charged as required and detecmined to be necessary by the Chief of th~ Fire Department. 10. That tcash stocage areas shall be provided and maintain~~ in accordance with approved plans on file with the Street Flaintenance and Sanitation LiVision. 11. That prior to issuance uf a building permit, the developer shall enter into a recorded agreement with the Cit,y of Anaheim pu:suant to Government Code Section 65915 to provide that twenty-five percent (25B) of the permitted numoer of residential units shall be rented as low or moderate income housing as defined in Covernment Code Sectien 65515 and with appropriate rental controls as approved by the City of Anaheim for a period of not less than twenty (20) years from the date of '_ssuance of occupancy perr~itc. 12. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 th[ough 3. 13. That prior to issuance of a building permit, or within a period ~f one year from the date of thi~ resolution, whichever occurs first, Condition Nos. 1, 2, 3, 6, 7, 8 and 11, above-mentioned, shall be complied with. Extensions for fu:ther time to complete said conditions may Le yranted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 14. That prior to final building and zoning in~pections, Condition Nos. 3, 4, 5, 8, 10 and 12, above-mentioned, shall be complied with. -3- PC85-228 BE IT FURTHER RESOLVED that the Anat,eim City Planning Commissicn does hereby find and determine that adoption of this Resolution predicated upon applicant's cornpliance with each and all hereinabove set is expressly forth. Should an of the conditions declared invalid Y such condition, or any part thereof, be or unenEocceable 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 RESOLUTIOt7 is signed and approved by me this 2gth day of October, 1985. 7 ` - ~~ l ~'u./~ ~. ,~ (.ftAIRWOMAN, AWAf1EIM C TY PLANNZNG COMMISSION ATTEST: ~-- ~ .~-~/- ,~. SECR6TARY, ANAHEIM CITY PLANNING COMt1ISSION . STATL OF CALZFOi'NTA ) ' COUNTY OF CRANGE ) ss. CITY UF ANAHBZM ~ I, Edith L, Harris, Secreta[y of the Anaheim City Plannin do hereb}• cectif}• t~~at the foregoing resolution was meeting of the Anaheim Cit 9 Commission, Y Planning Commission held on OctobecaZg adopted at a r'ollowing vote of the member~ tt~ereof: , 1985, by the AYES: COMDfISSIONERS: BOUAS, FRY~ FIERBST, L11 CLAiRE~ LF,WZCIiI, NOES: COl1MISSION ~ Flf.'SSE, MC $GRNE;Y 6ItS: NONE ABSENT: COMMISSIONERS: NON~ IN WITNESS WHEREOF, I have heceuntu sPt my October, 1985, har.~ ttis e&th day of /O1 ?".~. /~ , ~ ~ • SECRETARY, ANAHEIM CI^_'Y PLANNING COMMISSION -4- PC85-228