PC 85-241
RESOLUTION NO. PC85-241
A RESOLUTION OF THE ANAHEIM CImY PLANNING COMMISSIpN
THAT YETITION FOP. VARIANCE N0. 3511 BE GRANTED
WHEREAS, th? Anaheim City Planning Commission did receive a veriEied
Petition for Varianoe from BC INVESmMENTS 85-2, ;471 Via Lido, ~213, Newport
Beach, California 92663, owner, and BALALIS CORPORATION, 3471 V;.a Lido, ~213,
Newp~rt Beach, California 92663, agent Eor ce*tain real propert.y situated ir.
the City of ~naheim, County of Urange, State of California; described as
follows:
THE EASTERLY 150 FEET OP THE SOUTH ONE-HALF OF THE SOUTH 10
ACRGS OF THE WEST 20 ACRES OF THE NORTHWEST QUARTER OF THE
NORT6WEST QppRTER OF SECTION 18~ IN TOWNSHIP 4 SOUTH~ RANGE 10
WEST~ IN THE RANCHq LOS COYOTES, IN THE CITY OF ANAHEIM~ AS PER
MAP RECORDED It~ BOOK 51 PAGE 7, ET SEQ.~ MZSCELLANEOCS MAPS~ IN
THE OFFICE OF THE COUNTY RECORDER OF SAZD COUNTY. MORE COMMONLY
KNOWN AS 2545 WEST BROADWAY~ ANAHEIM, CALIFORNIA.
WHEREAS, the Ci!; Planning Commission did hold a public hearing at
the Civic Center in the :';ty of Anaheim on September 30, 1985 at 1:30 p,m,,
notice of said public hearing having k~een duly given as required by law and in
accordance with the provisions of the Anaheim htunicipal Code. Chapter 18.03,
to hear and consider evidence for and agains~ said proposed reclassification
and to investigate and make findings and recommendal-ions in connection
therewith; said public h~aring having been continued to the Planning
Commission meeting of Novem6er 13, 1985; 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 of£ered at said hearing, does find and determine the
following facts:
1. That the petitioner proposes waiver of the following to construct
36-unit apartment complex:
SECTION 18.34.062.012 - Masimum structural heiqht.
(1 story permitted within 150 feet of
single-famili~ residential zoning; 2 st~es
proposed 50 feet from singl~-family
residential zoning to the east)
2. That the above-mentioned waivers are hereby granted on the basis
that there are special circumstances applicable to the property such as size,
shape, topography, location and surroundingy whicn do not applx to other
identically zoned property .in the same vicinity; and thal• strict application
of the Zoning Code deprives the property of privileges enjoyed by other
pruperties in the identical 2one and classification in the vicinity.
3. That there are exceptional or exkraordinary circumstances or
conditions applicable to the property involved or to the intended use of the
property that do not apply generally to the property or class of use in the
same vicinity and zone.
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PC85-241
4• That the requested variance is necessary for the prese:vation and
enjoyment of a substantial propecty right possessed by other property in the
same vicinic.t and zone, and denied to the property in guestion.
5• That the requeste9 variance will not be materially detrimental to
the public welfare or injurious to the property or impru~~ements in such
vicinity and zone in whict~ the property is located.
6• That four persor,s indicated their presence at the November 13,
o98ositionC at aring in oppositic.., and 15 persons indicated their presence in
PP the September 30, 1985 public heari.ng; and that petitions
concaining approximately 77 signatures were received in opposition to subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to reclassify subject property from the
CL (Commercial, Limited) Zone to the RM-1200 (Residential, Multiple-Family)
Zcne to construct a 36-unit a~art~nent complex with waiver of maximum
structural height on a rectangularly-Shaped parcel of land consisting of
approximately 0.99 acre, having a frontage of approximately 150 feee on the
north side of Broadway, and fucther described as 2545 West Broadway; and does
hereby approve the Negative Declarat;on upon finding that it has considered
the Negative Declaration togethec with any comments recaivad during the public
review process and further Einding 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. THE~EFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Variance, upon the followin9
conditions which are hereby found to be a necessary prerequisite to the
proposed use of the subject ptoperty in ocder to greserve the safety and
general welfare of the Cir.izens of the ~ity of Anaheim:
1. That prior to issuance of a building permit, the appropciate traffic
signal asse~~Ment fcc ahcll be paid zo the City of Anaheim in an
amount as determined by the City Council for each new d~uelling unit.
2. That pri~~ to issuance of a buildin3 permit, appropriate park and
recreation in-lieu i'ees shall be pairf to the City of Anaheim in an
amount as ~9etermined by the City Counc:il.
3. That drainage of subject property shall be di:zposed of in a manner
satisfactory to the City Engineer.
4. That all driveways shall be constructed to accommodate ten (10) foot
radius curb returns as required by the City Traffic Engineer,
5. That fire sprinklers sha.ll be installed as required by the City Fire
Marshall.
6. That the proposed parkin~~ structure desi3n shall conform to
Engineering Standard Plan No, 402 pertaining to standard details for
parking structures.
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PC85-241
~, That the basement level containing the covered parking shall be
designed to be located more than 508 below the natural grade level of
the subject property, as measured along the site perimeter and as
shown on the approved exhibits,
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g, That subject property shall be served by underground utilities.
9, That yates shall not be installed across any driveway in a manner
which may adversely affect vehicular traffic in the adjacent public
street(s). Installation of any gates within a distance of sixty (60)
feet from said public street righk(s)-of-way shall be subject to the
review and approval of the City Traffic Engineer.
10. That prior to commencement of structural framing, fire hydrants shall
be installed and charged as required and determi.ned to be necessary
by t,ye Chief of the Fire Department.
11. That trash storage areas shall be provided and maintained in
accordance with approved plans on file with the Street Maintenance
and Sanitatio^ Divisinn.
12. That all air conditioning facilities and other roof and ground
mounted equipment shall be properly shielded from view, and the sound
buffeced from adjacent residential properties.
13. That prior to issuance of building pecmits, the apnlicant shall
present evidence satisfactory to the Chief Building Inspector that
the proposed project is in conformance wirh Council Policy Number 592
'Sound Attenuation in Residential pr~jects' and wil•h Noise Insulation
Standards specified in the Californza Administrative Code, T?tle 25.
14. That z six (6)-foot high masonry block wall shall be constructed an~
maintained along the westerly, northerly and easterly property lines,
excepting the front setback areas.
y5. ~hat Ci,is 'variance is gzanted subject to the adoption of the Zoning
Ordinance in connecL•ion with Reclassification No. 85-86-7, ncw
pendiqg,
16. That subject property shall be deyeloped substantially in accordance
w±th plans and specifications on file with the City of Anaheim marked
Revision No. 1 of Exhibit No. 1 and Exhibit Nos. 2 through 4; and
that there shall be no windo~~s, doors or balconies facing eastwards
from the second story apartments which are located closer than 150
feet to the east property line.
17, That prior to issuance of a building permit, or within a period of
one year from the date of this cesolution, whichever occurs first,
Condition Nos, 1, 2, 6, 7, 11, 12, 13, 14 and 15, above-mentioned,
shall be complied with. Extensions for furthec time to complete said
conditions may be granted in accordance with Sectlon 18.03.090 of the
pnaheim Municipal Code.
lg, That prior to final building and zoning i.nspections, Condition Nos,
3, 4, 5, 7, 11, 12, 14 and 16, ~bove-mentioned, shall be complied
with.
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BE IT FUkTHER RESOLVED that the Anaheim City Planniny Commi.ssion does
hereby find and detecmine that ado
predicated upon applicant's complian etion of this Resolution is expressly
hereinabove set• forth. Should a~ With each and all of the conditions
declared invalid ur unenforceable Such condition, or any part thereof, be
competent jurisdiction, then this by the final judgment of any court of
rontained, shali be deemed null and ~olaeSplution, and any approvals
herein
TFIE FOREGOZNG RESOLUTION is signed and appzoved b
of Nuvember, 1985.
Y me this 13th day
j~ /" '
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~ r~ ;>, G,. ~ ~ '~, i~~ ~~~
CNAIRWOMAN, ANAHEIM CITY PLANNING COMMISSZON
ATTEST: ~ ,
''`~ r .~L•L.~.~
5ECRETAR ~ ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Sy
CITY OF ANAhgjp~ ~
j. Edith L. Harris, SecreCary of the Anaheim City rlanning
Comriission, do hereby certify that the fcregoing resolution was
ado~ted at a meeting of the Anaheim City p13nning Commission held
13 1985, b• Passed and
. ~' ~he following vote of the members thereof: on November
AYES: COMIaTSSIONERS: BOUAS, PRY~ HERBST~ LA CLAI.~E, LAWICKI, MC BURNEY
NOES: COMMISSIONERS: NONEE
ABSENT: COt4b12SSI0P`ERS: NONE
IN WITNES~ WNF,REpp, ? c;,;.
November, 1985. ~`' "Crzunto set my hand this 13th
day of
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SECRETARY~ ANAHEIM CITY YLANNING COM- ~N
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' PC85-241