PC 85-251~
RESJLl~TION N0. PC85-251
A RESOLUTION OF THE ANAHEZM CITY PLANNING COMMISSIOI~
THAT PGTITION FOk VARIANCE IdO. 3509 BE GRANTED~ ZN PART
W:iEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from CORNELIUS W. DERUYTER AND MARY ALICE DERUYTER, 530
North ColgaLe Stceet, Anaheim, California 92801 and liACIENDA UNITED
CORPORATION, 946 Evecett Street, ~1, Los Angeles, California 90C26, and HUGO
A. VA2QUEZ, 619 South Live Oak Drive, Anaheim, California 92805, agent for
certain real property situated in the ~ity of Ar,aheim, County of Orange, S:ate
of Cali£ornia, desccibed as follows:
TNAT PORTZON OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUAkTER OF SECTION lEl~
TOWNSHIP 4 SOUTH~ RANGE 10 WEST, IN ?'HE RANCHO LOS COYOTES~ IN
THE CITY OF ANAE3EIM~ COUNTY UF ORANGE, STATE OF CALIFORNIA~ AS
PER MAP RECORDED IN BOGK 51, FAGE 10 OF MISCELLANEOUS MAPS~
DESCRIBED AS FOLLOWS:
PARCEL 1, IN THE CITY OP ANAHEIM, COUNTY OF ORANGE~ STATE OF
CALIFORNIA~ AS PER MAP FZLED IN BOOK 131, PAGES 46 AND 47 OF
PP.RCEL MAPS, ZN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL A:
PAFCEL 2~ IN THE CITY OF ANAHEIM~ CUUNTY OF ORANGE~ STATE OF
CALIFORNIA~ AS SEIO~di7 ON A PA~CC•.L MAP CILED IN BOOK 141 PAGES 46
AND 47 OF PARCEL P1AP5, IN THE ~~FFICE OF TiiE COUNTY RECORDER OF
SAID COUNTY.
PARCEL 8:
A[J EASEMENT FOR INGRESS A[4D EGRESS AND PUBLIC UTILITY PURPOSES
OVER THE WESTERLY 20 PEET OF PARCEL 1~ IN THE CITY OF ANAHEIM~
COUNTY pF GRANGE, STATE Or CALIFORNIAi AS SHOFiN ON A PARCEL MAP
FILED IN [i00K 141 PAGES 46 AND 47 OF PARCEL MAPS~ IN THE OFFICE
OP :HL' COCCI_: F.^~.CO::D°R 0° Cl.?~ ~~UN'"Y,
W:iEREAS, t,~e City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on October 14, 1985 at 1:30 p.m.,
notice of said public hear~~ig having heen duly given as required by law and in
accordance witY. the p:ovisions of the An~heim Dlunicipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed re^.lassification
and to inve~tigate and make findings and recommendations in connection
therewith; sai~ public hearing having been continued to the Planning
Commission meeting of November 25, 1985; and
WHERRAS, said Commission, aftec due
study made by it~alf and in its behalf, and
evidence and reports offered at said hearing,
following facts:
06S8r
inspection, investigation and
after due consideration of all
does find and determine the
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i,. That the petitioner proposes waivers of the following to construct
a 2-story, 46-unit "affo~dable" apartment complex under authority of State
Government Code Section No. 65915:
(a) SECTION 18.04.045.014 - Plinimum st-cuctural setback.
(b) SECTIOtJ 18.34.061.010 - Minimum buildinq site area per dwellinq
unit. (1,200 sq. f.t. required;
991 sq, ft. proposed)
(c) SECTION 18.34.062.012 - Maximum structural heiqht.
(d) SECTION 18.34.062.020 - Maximum site coveraqe.
~. That the proposed apartment complex, as approved, is 2-stories in
height inst;ead of 3-stories as originally proposed.
3. That the above-mentioned waiver (b) is hereby granted on the basis
that there aze special circumstances applicable to the property such as size,
shape, topography, location and surroundinas 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 the vicinity.
4. Tha~ the above-mentioned waivers (a), (c) and (d) are hereby denied
on the basis that revised plans deleted the need for said waivers.
5• That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved or to the intended use of the
proYerty that do not apply general;.y to the property or class of use in the same
vicini'ty and zone.
6. That the requested variance is necessary fot the preservation and
enjoyment of a substantial propecty ciyht possessed by other property in the
same vicinity and zone, and denied to the property in question.
7. That the tequ?sted varianr.e wil] nor h= material~w~ detrinental to
the public welfare or injurious to ~he property or improvements in such vicinity
and zone in which the property is located.
8. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
ENVIRONMENTAL IMPACT FINDZNG: That the Anaheim City Planning
Commission has reviewed the proposal to reclassify the northerly 178 feet of
subject property from the CL (COr,~mercial, Limited) Zone to the RM-1200
(Residential, Multiple-Family) Zone to construct a 2-story 46-unit "affordable'
apartment complex under authocity of State Government Code Section No. 65915
with waiver of minimum building site area per dwelling unit on a
rectangularly-shaped parcel c,f land consisting of approximately 1.05 acres and
having a frontage of approximately 164 feet on the south side of Lincoln Avenue,
and further described as 2230 West Lincoln Avenue; and does hereby apQrove the
Negative Declara.tion epon finding that it has considered the Negative
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Declaration together with any comm~nts received during the public review
process and furCher finding on the basis of the initial study and any comments
received that there is no substantial evidenre that the project will have a
significant effect on the environment.
NOW, THERL•'FURE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition f.or Variance, upon the following
conditions which are hereby found to be a necessary prerequisite to the
proposed use of the subje:t property in orde.r to preserve the safety and
general welPare of the Citizens of L•he City of Anaheim:
1. That prior to issuance of a building permit, appcopriate park ar.d
recreation 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 of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
amount aa dettrmined by the City Council for each new dwelling unit.
3. That the owners of subject property shall acquire a recorded covenant
granting an access easement from the property owner immediately west
of subject property for ingress and egress purposes to subject
property. Said easement shall be designe9 in a manner satisfactory
to the City Traffic Engineer and said covenant shall be in a form
satisfactory to the City Attocney.
4. mhat the existing most easterly and westerly driveways on Linculn
Avenue sYiall be removed and replaced with a standard curb, gutter,
sidewalk and landscaping.
5. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engine~r.
6. That the property owner shall abandon the existing public utilities
easement on the westerly poction of subject property.
7. That subjec~ prop~cty ~uall oe served by underground utilities.
8. That the owner oP subject property shall pay to the City of Anaheim a
fee for street lighting along Lincoln Avenue in an amount as
dekermined by ~he City Council.
9. That the owner of subject property shall pay to the City of Anaheim a
fee for tree planting purposes along Lincoln Avenue in an amount as
determined by the r,ity Council.
10. That a fire access and protection plan shall be submitted to and
approved by the City Fire Mar.shall.
11. That all engir.eering requirements of the City of Anaheim along
Lincoln Avenue, including preparation of improvement plans and
installation of all impcovements ~uch as curbs and gutters,
sidewalks, water facilities, street grading and pavement, sewez and
drainage facilities, or other appurtenant work shall be complied with
as required by the City Engineer and in accordance with
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specifications on fi]e in the 0£fice of the City Engineer; and that
security in the form of a bon9, ceztificate of deposit, letter of
credit, or cash, in an amount and form satisfactory to the City of
Anaheim, shall be pocted with the City to guarantee the satisfactory
completion of said improvements. Said aecurity shall be posted with
the City prior to issuance of building permits, to guarantee the
installation of the above-zequired improvements prior to occupancy.
12. That the proposed parking structure design shall conform to
Engineering Standard Plan No. 402 pertaining to standard details for
parking structures.
13. That all driveways shall be constricted to accommodat~ ten (10) foot
radius curb returns as required by t,~e City Tcaffic Engineer.
14. That prior to commencement of structural framing, fire hydrants shall
be installed and chacged as required and determined to be necessary
by the ChieF of the Fire Department.
15. That trash storage areas sha].1 be pr~vided and maintained in
accordance with approved plans on file with the Street Maintenance
and Sanitation Division.
16. That prior to is,suance of building permits, the applicant shall
present evidence satisfactory to the Chief Building Inspector that
the proposed project is in conformance with Council Policy Number 542
'Sound Attenuation ir. Residential Projects` and with Noise Insulation
Stan~ards specified in the California Administrative Code, Title 25.
17. That prior to issuance of a building permit, the developer shall
enter into a recorded agreement wich the Cil: of Anaheim pursuant to
Government Code Section 65915 to pcovide that twenty-five percent
(258) of the permitted number of residential units shall be rented as
low oc moderate income hcusing as defined in Government Code Section
65915 and with appropriate rental contc~ls as approved by the City of
Anaheim for a period of not less than twenty (20) years from the date
of i~auanc? of occupan~,~ pcrr.~_t~.
18. That this Variance is granted subject to the adoption of the Zonzng
Ordinance in connection with Reclassification No. 85-86-5, now
pending.
19. That the basement level containing the covered parking shall be
designed to be located more than 508 below the natural gcade level of
the subject property, as measured along the site perimeter and as
shown on the approved exhibits.
20. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Revision No. 1, Exhibit Nos. 1 through 4.
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22. That prior to issuance of a building permit, or within a period of
one year from the date of this resolution, ~hichever occurs ficst,
Condition Nos. 1, 2, 3, 6, 6, 3, 10, 11, 12, 16, 17, 18 and 19,
above-mentioned, shall be complied with. Exten~ions for further time
to complete said conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
22. That prio~ to final building and zoning inspections, Condition Nos.
4, 5, 7, 11, 13, 15 and 20, above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this ~esolution is expressly
predicated upon applicant's compliance with each and all of the conditions
he~einabove set focth. Should any such condition, or any part thereof, be
declaced invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then tk~is Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 25th day
of Novembec, 1985.
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~-~h _ .c/J-„ . . ,-?~' ~ C;Pcr-c-~-cJ
CHAIRWOMAN~ AI4AHEIM CYTY PLANNING COMMISSION
ATi'EST:
SF,CRETAR , ANAHEIM CITY PLANNING COMMISSION
STRTE OF i:ALIFOY.NIA )
COUNTY GF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Plannina Commission Held on November
25, 1985, by the following vote of the mem~ers thereof:
AYk;S: COPiMISSIONERS: BOUAS~ FRY~ HERBST~ LA CLAIRE, MC HUkNEY~ MESSE
NOES: COMMISSIpNLRS: NONE
ABSENT: COt4MISSIONERS: LAWICKI
IN WITNESS WHEREOF, I Flave hereunto set m; i~and this 25th day of
November, 1985.
__________~-~-~~'_~
SECRETAR , ANAHEZM CITY PLANNING COI4MISSION
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