Loading...
PC 85-253RESOLUTIOtd NO. PC85-253 A RESOLUTIOt7 OF THE ANAHEIM CITY PLAIdClING COMMZSSION THAT PETITION FOR VARIANCE N0. 3517 BE GRANTED~ IN PART WHEREAS, the Anaheim City Planning Commission did receive a veriEied Petition fo[ Variance from ANAHEIM ~ILLS DEVELOPMENT CORPORATIOt:, c/o THE GU:~STON HALL COMPANY, INC., 650'/ Serrano Avenue, Suite B, Anaheim, Caiifo[nia 92807, ATTN: GEORGE F. MASON, JR., ewner, and CHAPARRAL DEVELOPMENT, INC., 21941 Herencia, Mission ~iejo, California 92692, ATTN: RICHARD N. HUDSON, agent for cectain ceal property situated in the City of Anaheim, County af Orange, State of Caliiornia, described as follows: PARCEL 2 IN THE CITY ~F ANAHEIM, COUNTY OF ORANGE~ STATE OF CALZFORNIA AS PER MAP RECORDED IN BOOK 141, PAGES 14 AND 15 OF PP.RCEL MAYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City ct Anaheim on Novembcr 13, 1985 at 1:30 p.m., notice of said public hearing having been duly given as reguired by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.G3, to hear and consider evidence fo! and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; said public hearing having been continued to the Planning Commission meeting of November 25, 1985; and WHEREAS, said Commission, after due inspection, investigation and study made by itselC and in its behalf, and after due consideration of all evidence and reports offeced at said heacing, does find and determine the following facts: 1. That the oetitioner proposes waivers of the following to construcc a 2-story, 16-unit condominium subdivision: (a) gECTION .18.31.062.C.12 - Maximum structural heiqht. (1 story within 50 feet of a sinqle-familY residential zone pecmitted; 2 stories at 13 feet from a single-family residential zone boundary to the north_and 10 feet from a single-familY residential zone boundary to the west proposed) (b) SECTION 18.31.063.U24 - Minimum landscaped setback. (20 feet abuttinq one-family residential developments required; 13 to 48 feet pcoposed) (c) SEC'PION 18.s1.068 - Required site screeninq. f6 foot high block wall required adjacent to all property lines; none proposed) 0660~ PCB5-2~3 ... ,~1 2 That the above-mAntioned waiver (c) is hereby qranted on th~ basis that•the~e are special circumstances applicable to the property 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 of the zoning Code deprives the ^roperty of privile5es enjoyed by other properties in the identical zone and classification in the vicinity. 3. That the above-mentioned waivers (a) and (b) are hereby denied on the basis that there are no special ciccumstances applicable to the property such as size, st~ape, topography, location ar~d surroundings which do not apply to other identicalll• zoned property in the same vicinity; and that strict application of the zonin; Code does not deprive the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. 4. That thece are exceptional or extraordina~y circumstanees oc condstions applicable to the pcopecty involved o~ 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. 5. That the requested variance is necessary for the preservation and er.~oyment of a substantial property right possessed by othec property in the same vicinity and zone, and de~ied to the property in questio;. 6. That the cequested variance will not be materially detrimental to the public welface oc injurious to the property or impro~em~nts in sueh vicinity and zone in which the property is located. 7. That two pecsons indicated their presence at s~id public hearing in opposition; and that no co[respondence was received in opposition to subject petition. ENVIRONPIENTAL IMPACT FINDING: That the Anaheim City Planning Cammission has reviewed the proposal to reclassify subject property from the RS-HS-43,~U0(SC) (Residential, SinGle-FamiJv, Hillside Scenic Corridor Overlay) ~one to the RM-3000(SC) (Fesid~ential, Multiple-Family, Scenic Corridor Overlay) Zone to const~uct a 2-story; 16-unit condominium subdivision wii.L ...~vec~ ..: ~,,....-,,.~••• -__~-`~"'~ ?~°:?~r, m;~;!c..,., laodscaped cetback, and requiced site screening on a^ landlocked, irregularly-shaped pa[cel of land consisting of approximately 3.35 ac:es, located approximately 600 feet east of the centecline if Impe[ial Highway, approximately 280 feet south of the southerly terminus of. rrontier Court, and immediately northwest of the 5outhern California 6dison Company easement; and does hereby approve the Negative Dec.laration upon finding that it has considered tne Neyative Declaration toger_het with any comments received during the public review process and fucther finding on the basis of the initial study and any comments received that thece is no ~ubstantial evidence that the project will have a significant effect on the environment. t70W, THEREFORE, BE IT RESOLVED that the Anahaim City Plannin9 Commission does hereby gcant subject Petition for Vaciance, upon the folloving conditions which are hereby found to be a necessary prerequisite to the ycoposed use of the subject property in order to preserve the safety and general welfare of the Citizens oE the c:ity oF. anaheim: _2_ PC85-253 .-~. 1. That prior to issuance of a building permit, appropriate park and 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 builc?ing permit, special facilities fees shall be paid to the Water Utility Division by the developer in accordance with Rule 15B of the Water Utility Rates, Rules and P.egula~ions. 3. That pcior to issuaace of a building pecmit, primary wate~ main fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 4. That fire sprinklers shall Ue inst.alled as required by the City Fire Marshall. 5. 7~hat no public or private street graties shall exceed ten percent (103) except by prior approval of the Chief of the Fire Department and the Engineering Division. 6. That drainage of subjecl- property shall be disoased of in a manner satisf~ctory to the City Engineer. 7. That prior to issuanc:e of a bui.lding permit, the appropriate traffic signal assessment fe~a shall be paid to the City of Anaheim in an amount as determined ~y the City Council for each new dwelling unit. 8. That subject property shall be served by underground utilities. 9. That pricr to commencement of structural framing, fiee hydrants shall be installed and charged as required and determined to be necessary by the Chief oE the Fire DeFartment. !0. ^_'hat ~?1 ~__ cor.ditie~ir.g _wcilitics ~hall ~c prcYerly shieldad :rom view. 11. That prior to the issuance of a building permit, the developer shall submit landscaping plans to Planning staff for review and approval. 12. That temporary streec name signs shall be installed prior to any occupancy if permanent street name signs have not been installed. 13. That all requiremants of Fire Zone 4, otherwise identified as Fire Admini.strative Order No. 76-01, shall be met. Such reguirements include, but are not limited to: chimney spark arrestors, protected attic and under £locr openings, Class C or better roofing material and one hour fire resistive con5truction of horizontal surfaces if located within 200 feet of adjacent brush.land. 14. ~that all mitigation measures identified in the supplement to the Initial 8tudy, as prepared by U).trasystems, Inc. and dated October, 1985, shall be complied wit:~. -3- PC85-253 ! ~;, ~ .~, 15. That prior to issuance of a building permit, the owner of subject property shall pay t3~e appropriat~ drainage assessment fees to the City of P.naheim in an amount as determined by :he City Engineer. 16. That all private Gtreets shall be developed in accur.dance with the City of Anaheim's Standard Detail No. 1~2 for private s~~eets, inclu9ing installation of street name signs. Plans for ehe private street lighting, as required by ~he stanclard detail, shal]. be submitted to the Building Division for approval and included with the building plans prior to the issuance of bui~ding permits. (PZivate streets are those which provide primary access and/or circulation within the project. 17. That this Variance is granted subject to the adoption of the Zoning Ordinance in connection w?th ~eclassification No. 85-86-13, now pending. 18. That prior to issuance of a building permit, the owr.er of wubject ~.roperty shall pay the appropriate Foothill/Eastern Transportation Corridor Major Thoroughfare and Dridge fee. 15. That subject property shall be developed substan~ially in accordar.ce with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 11. 20. That pric~r t<, issuanr.e of a building permit, or wi:hin a period of one year fr.cm tt.e aate of this resolutiun, whichev~r occurs first, Cond~tion Nos. 1, 2, 3, 7, 1], 14, ).5, 17 and 18, above-mentioned, shal.l bo: ce,-,,plied with. Extensions for further time to complete said conditi.cros may be granted ir, accordance with Section 18.U3.090 of the Anaheim Municipa7. Code. 21. That prior L-o fina~ building and zoning inspections, Condition Nos. 4, 5, 6, 8, lU, 13, 16 and 19, above-mentioned, shall be complied with. BE IT FUkTHER RCSOLVED that the Anaheim City ?lannir.g Commission does hereby find and determine that adoptio^ of this Reso]ution is er.press2y prediccCed upon ap~,licant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, oL any part thereof, be derlared inval:d or unenforceable by the final judgment of any court of competent juri~diction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FO!?EGOING RESOLUTION is signed and app[uved by me this 25th day of November, 1985. l -t7 /J.4~( On. o ~i'~ ~~f" ~-! J CHAIRWOMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~ ~~ ~i ~ ,l~'~1..c~ 4ECRETARY, ANAHEIM CITY L~LANNING COMMISSION -4 PC85-253 ,~ ~ STATE OF CALIFORNIA ) CUUNTY UF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harcis, Secretary of the Anaheim City Planning Commission, do he[eby certify that tt~e foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 25, 1985, by the f~+llowing vote oE the members thereoE: AYES: COMMISSIONERS: BOOAS, FRY~ HERI3ST~ LA CLAIRE~ MESSE NOES: COMMISSIONERS: MC BURNEY ABSEP~T: CO[dMI5SI0NEkS: LAWICKI IN WITNESS WHEREOF, I have her~unto set my hand this 25th day of November, 1585. /J ~ /~~ !6Z-~ ~~ / ~~~ SECRETARY~ ANAHEIM CITY PLANNIr]G COMMISSION -5- PC85-253 ~ . . . . . . . . .. . . : '.~., ; _.. . . . ~, ..::.~: ~ :~L.~y'