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PC 85-237RESOLUTION PlO. PC85-237 A RESOLUTION OF TNE ANAHEI6f CSTY PLANNING COMMISSION TEiAT PETITZON FOR VARIANCE N0. 3513 BE r,RANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petirion fnr Vaciance from Ab1ERICAN NATIONAL PROPERiIES, INC., P. 0. Box 10U77, Santa Ana, California 92711-0077, ATTN: JAMES E. TWEEPT, owne[, and AMERICAN DIVEkSSFIED CAPITAL CORPORATZON, 3200 Pack Center Drive, Costa Mesa, California 92626, ATTN: JAMES CARTER, and al5o PHILLIPS HRANDT REDDICK, 18012 Sky Park Circle, Irvine, Califocnia 92714, ATTPi: KEN RYAN, agents foc certain real property situated in the City of ~naheim, County of Ocange, 5tate of California dzscribed as: • THOSB PORTIONS OF THE EAST HALF OF THE SOUTHEAST QUARTER OL~ TNG ~' NURTHWEST QUARTER, AND THE SOUTHWEST m i QUARTER OF THE SOU_fIWEST ~UARTER OF THh NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH~ RANGE 10 WEST~ S.B.B. & P1., ZN THE RANCHO SAN JUAN CAJON DE SANTA ANA~ IN THE CITY OF ANAHEIPI, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER [9AP RECORDEll IN BOOK 51, PAGE 7 OF MZSCELLANEOUS MAPS, RECORDS OP 02ANGE COUNTY, DLSCRIBED AS FOLLOWS: BEGINNING AT A POIP]T ON THE EAST LINE OF SAID EAST HALF OF SAID SOUTHEAST QUARTER OF SAID NORTHWEST QUARTER, DISTANT THEREON NORTH 0° 02' 20" FAST 4U.U0 FEET FROM THE CENTER OF SAID SECTION 26~ SAID POINT BEZNG O[~ THE NORTH LINE OF ORANGEWOOD AVENUE, 40.00 FEET WIBE~ AS DESCRIBED IN '^HE DEED TO THE COUNTY OF ORANGE~ RECORDED IN BOOK 231, PAGF. 230 OF DE;EDSr RECORDS OF ORANGE COUNTY; THEPICE ALONG SAID NORTH LINE NORiH 88° 41' 15' WEST 358.19 FEET TO A LZNE PARALLEL WITH ANll DISTAyT 2.OU FEET, PIEASORED AT RIGHT ANGLES, WEST FROM THE SOUTHERLY PROLUNGATION OF THE EAST LINE OF TRACT N0. 3017, AS PER MAP RECORDED IN BOOK 138, PAGES 15 AND 15 OF MISCELLANEOUS MAPS, RECORDS OF URANGE COUNTY; THENCE ALONG SAID PARALLEL LINE NORTH 0° O1' 47" EAST 160.04 FEET; THBNCE NORTH 88° 41' .15" WEST 2.00 FEET iU SAID EAST LINE OF SAID TRACT tJO. 3Q17; T(~ENCE ALONG SAID EAST LiNE AND IT'S NOPTIiERLY PROLONGATION NORTH 0° 02' 47" EAST 491.57 FEET TO A POINT ON THE SOUTH LIIJE OF PARCEL 2~ AS PER MAP FILED IN BOOK 62, PAGE 5 OF PARCEL MAPS RrCGRpS ~F ORANGE COUNTY; TNF,NCF. ALONG SAID SUUTH LINE SOUTH 86° 44' O1" EAST 308.18 FEET TO THE SOUTHWESTERLY LINE OF MANCHESTER AVENUE~ 47.00 FEET WIDE, AS SHOWN ON SAIli PP.RCEL P~P 62/5; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 39° 30' 19" EAST 159.55 FL•`ET TO THE BEGINNING OF A TAKGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADJUS OF 970.00 FEET; THENCE SOUTt3EACTERLY .1LONG SAID CUP.VE AN ARC LENGTH OF 80.76 FEET THROUGH A CENTRAL ANGLE GF 4° 46' 13'; THENCE TANGENT TO SAID CURVE SOUTH 34° 44' 06' EAST 90.97 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIOS OF 2~0.00 FEET; THENCE SOUTHEASTERL'1 ALONG SAID CURVE AN ARCLENGTH OF 61.87 FEET THROUGH A CENTRAL ANGLE OF 16' 06' 49" TO A POINT ON SAID CURVE TO WHICH A RADIAL LINE BEARS NURTH 71° 22' 43" EAST; THENCE NORTH 88° 40' 28" WEST 177.&4 FEET TO SAID AFOREMENTIONED EAST LZNE OF SAID EAST HALF OF SAID SOUTFIEAST QUARTER OF SAID NORTHWBST QUARTER; THENCE ALONG SAIU EAST LINE SOUTH 0° 02' 20' WES'r 339.90 FEET TO SAID :]ORTH LINE qF ORANGEWGOD AVENUE AND POTNT OF BEGINNING. CONTAZNING 257.111 SQUARE FEET OR 5.902 ACRES~ MORE OR I,L•'SS. U643r PC85-237 ~ ~ WIiEREAS, the City Planning Commission did hold a public hearing at ti~e ~ivic Center in the City of Anaheim on October 28, 1985, at 1:30 p,m., notice of said public i~earing havina been duly given as required by law and in accordance with the provisions of Lhe Anahr_im Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed vacianc~ and to investigate ~nd make findinys and recommendations in connectic~ therewith; and WHEREAS, said Commission, after ~ue inspection, in~~estigation and study made by itseli and in its he:~alf, and after due conside[ation of all evidence and reporL•s offece~ at said hearing, does find and determine the following facts: 1. That the petitionec proposes waivers of the following to cunstruct a 204-unit 'afEordable' apartment complAV under authority of State Government Code Section No. 65915: (a) SEC4'ION 18.34.061.010 - Minimum buildina site area per dwellinq unit. (1,200 sq, ft. zequired; 1,086 sq• ft• proposed) (b) SECTIONS 18.01.200 AND - Maximum structu[al heiqht. 18.34.062.012 (2 stories ?t 30 ft. permitted; 7. stories at 33-ft. and 3 stories at 41 feet ,~roposed) (c) sECTiON 18.34.063.011 - Minimum landscaped setback. (20 feet adiacent to Manchestec Avenue required; 0 to 40 ft. adjacent to Manchester Ave. proposed) (d) SECTIONS 18.04.043.101 - Maximum fence heiaht. 18.34.U64.070 (36 inches in setback area adiacent to Manchester AND 18.34.068.021 Avenue permitted; 6 feet proposed) 2. That waiver (a) is granted pursuant to Government Code Section No. 65915 whereby 258 of the apartments will be renl•ed to low or moderate income families and with appropriate rental controls as approved by the City of Anaheim. 3. That waive~ (b) is granted on the basis that there are special citcumstances app.licable to the property s~ich as ^izo, shapP, ~opo~raphy, location and sucroundings 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 ~~i~~ileges enjoyed by other properties in the identical zone and classification in ..; vicitti~- . = rhat waivers (c) and (d) are granted on the basis that subject prooerty is located across the street from a Ereeway and approval of said waivers provides a means of buffering the proposed residentia.l use from adverse freeway noise and visibility impacts. 5. That thece ace exceptional or extraordinary circ•:mstances or conditions applicable to the prcperty involved o~ to the intended use of the property that do not apply generally to the property or c~.ass of use in the same vicinitl and zone. 5. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other prope,:ty in the same vicini=y and zone, and denied Co the property in question. '2' PC85-237 7. That the requested variance will not I~e ma~erially detrimental to the public welface or injurious to the pcoperty or improvements in such vicinity and zone in which the properL-y is located. 8. Tha~: no one indicated their presence at said public hearing in opposition; and that no corres~ondence was received in opposition to subject petition. E[JVIRON6tENiAL IMPACT FINDING: Ttiat the Anaheim City Planning Commission has reviewed the proposal to reclassify subject propecty from RS-A-43,000 (MHP) (Residential, Agricultural - Mobilehome Park Overlay) to the RM-1200 (Residential, t4ultip.le-Family) or a less intense zone to construct a 204-unit "aFfordable' apactment complex with waivers of minimum building site area per dwelling unit, maxzmum structural height, minimun landscaped setback ard maximum fence height on an icregularly-shaped parcel of land consisting of approximatn.ly 5.9 acres located nocth and west of the northwest corner of Otangewood Avenue and Maiichester Avenue, and further d~;cr.ibed as 801 East Orangewvod Avenue; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration t~gethec with any co;nments received during the public review process and further finding on Lhe basis of the initial study and any comments receive~ thac there is no substantial evidence that the project will have a significant efYect on the environment. NOW, THEREFORE, BE IT RESULVED that the A~aheim City Planning Commission doe~ he~eby yrant subject Petition for Vaciance, upon the following conditio~s which are hereby found to be a necessary prerequisite to the oroposed use of the subject propecty in ocr{=r to ~ceserve the safety and general welface of the Citizens of the City of Anaheim: 1. That this Variance is granted subject to the adoption of the Zoning Ocdinance in connection with Recl~ssification No. 85-86-9, now pending. l. That the owner uf subject property shall pay to the City of ~naheim a fee for tree planting purposes along ocangewood Avenue and Ftanchester Avenue in an atn~unt as determined by the City Council. 3. That prior to issuance of a building permit, appcopriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 4. That prior to issuance of a building permit, the appcopriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council fur eacn new dwelling unit. 5. That all engineering requirements of the City of Anaheim along Manchester ' Avenue, including preparation of improvement plans and installation of all ~ improvertients such as curbs and gutters, sidewalks, water facilities, ~ stceet grading and pavement, sewer and drainage facilities, or other aFPurtenant work shall be complie~ with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; and that security in the form of a bond, certificate of deposi,t, ; 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 ; completi~n oE said imFrovements. Said security shail be posted with the " City prior to approval of improvement plans, to guarantee the installation ` of the above-required improvenents prior to occupancy. y -3' PC85-237 a. I 6. 'Phat sidewalks shall ~e installed along Orangewood Avenue as required by the City Bngineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 7. That the driveway shall be c~nstructed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineec. 8. That drainage of subject ~roperty shall be disposed of in a manner satisfactory to the City Engineer, which shall include installation af the Master Plan sL-orm drain in Orangewood Avenue from Spinnaker Stceet to Planchester Avenue. 9. That subject property stiall be served by underground utilities. 10. That prioc to comrnencement of structural framing, fire hydrants shall be installed and chargeci as required and determined to be necessary by the Chief of the Fire Department. 11. ihat trash storage areas shall be pcovided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 12. That prioc to issuance of a building permit, primary wate~ main fees shall be paid to the City of Anaheim, in an amour.t as determined by the Office of the Utilities Ceneral Manage[. 13. That the ownec oE subject property shall pay to the City of Anaheim a fee for stceet lighting along Manchester Avenue in an amount as determined by the City Council. 14. That street lighting tacilities along Orangewood Avenue shall be installed as zequired by the Utilities General Manager in accordance with specifications ou file in the office of Utilities General Manager, and that security in the Eorm of a bond, c~rtificate of deposit, lettec of credit, or cash, in an amount and form satisfactory to the City of Ananeim, shall be posted with the City to guacantee the satisfactoty completion of the above-mentioned impruvements. 5aid secucity shaii be posted with the City of Anaheim prior to approval of improvement plans. The above-required improvements shall be installed prior to occupancy. 15. That trash storage aceas shall be prc~~ided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Livision. 16. ihaL• gates shall not be installed across any drivEway in a manner which may adversely affect vehicular traffic i~ the adjacent public streets. Installation of any gates within a distance of forty shall be subject to the review and approval of the City Traffic Engineer. 17. That a six (6) foot high masonry wall shall be constructed and permanently maintained along the westerly, northerly and easterly property lines, excepting the required front setback area adjacent to Orangewood Avenue. 18. That all air conditioning facilities and other roof and gtound mounted equipment; shall be properly shielded from view, and the ~ound buffered fcam adjacent cesidenCial properties). -A- PC$5-237 ~ 19. That pcior to issuance of building permits, the applicant shal] present evidence satisfactory to the Chief Building inspector that the proposed project is in conformance with C~uncil Policy Number 5~2 "5ound Attenuation in Residential Projects' and with Noise Insulation Standards ~pecified in the California Administrative Code, Title 25. 2U. 1'hat prior to issuance of a building permit, the developer sha.ll enter into a recorded agreement with the City of Anaheim pursuant to Government Code Section 65915 to provide that twenty-five percent (258) of the permitted number of residential un.its shall be rented as low or moderate income housing as deEined in Govecnment Co~e Section 65915 and with appropr~.ate rental controls as appcoved by tne City of Anaheim for a period of not lecs than t~enty (20) years fcom the dar.e of is~uance of occupancy permits. 21. That subject property shall be developed substantially in accordance with plans and specifications on file :~ith ~he City of Anaheim marked Exhibit P7os. 1 through 3. 22. That pcior to issuance of a building permit, or within a period of ~ne year from the date oF this resolution, wtiichever occurs first, Condition N~s, 1, 2, 3, 4, 5, 12, 13, 14, 19 and 20, above-mentioned, shall be complied with. Extensions for furthec time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 23. ihat prior to final building and zoning inspections, Condition Nos. 5, 6, ~, ~, 9, 11, i4, i5, 16, 17, 18 and 21, above-mentioned, shall be compli=d with. bE IT FURiHER RESOLVED that the Anaheim City Planning Conmission does hereby find and determine that adoption of this Resolution is Pxpressly predicated upon applicant's compl:ance with eacli and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invali3 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 FOFEGOING RESOLUTIOta is signed and approved by me this 26th day of Uctober, ]9U5, - ~~.'~ /> ~ ~' ~ ~ ~ ~.~" ~ « CHAIkWOPfAN, ANAHEIP! CITY PLANNING COPIMISSION ATTEST: ~ - - ~(Y-'~-`~"-' /~ • /~Vflww i SECRETARY, ANAHEIM CITY PLANdING CUh1MISSION -5- PC85-237 : ,• y-'~k:;:: :.C ~,. ,_... ._ . . ~ . . .. . .. .. . . .. .. . ... . .... ,,.,., .' ..T,^ _ ~.. STATIi OF C'r.:.IFORNIA ) COUNTY OF ORt~NGti ) ss. CITY OF ANAHEIM ) I, Sdith L. Harris, Secret~ry of the P.naheim City Planning Commission, do hereby cettify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 28, 1985, by the following vote of the members thereof: AYES: CUPIM::SSIONERS: flOUiIS, FRY, HERBST~ LA CLAIRE, LAWICKI, MC BURNEY, MESSE NUES: CUMMISSIONERS: NONE ABSENT: COFIPIISSIONERS: NONE IN WITNESS WHEREOF, I have hereun~o set my hand this 28th day of October, 1985. ~~ ~~ SECRETAR3~, ANAHEZM CITY PLAh'ING COMMISSION ~ -G- ,~.~i : PC85-237 ~~ ..~~~;;w~~