PC 85-37RESOL_ UTIpN p~q~ p_~a5=_3~
A RESOLUTZON OF THE ANAHEIM CITY 2I,ANNING COMMISSION
THA: P6TITIUtd FOR VARIANCE N0. 3459 BE GRANTEG, IN PART
WHEREAS, the Anaheim City Planning Cor„r~?SGinn d:d receive a verified
Petition for Variance fcom fiGNRY H. WESSELN ANn THF.LMA M. WESSELN, 1717 W
Lincoln Avenu9, Anaheim, California 92g01, owners, and CURTIS R. WESSEI.N, 1717
West Lincoln Avenue, Anaheim, CaliEornia 92801, agent for certain ceal
property situated in the City of Anaheim, County of Orange, State oE
California, described as follows;
THE NORTH 148.00 FEET OF THE SOUTH 29G.n0 F'EE'i OF THE EAST 4
ACRES OF THE NORTH 10 ACRES OF THE EAST .'3 ACRES OF T(IE NORTH
18 ACRES OF THE EAST 36 ACRES OF THE NORT!iEAuT QUi~kTER OF THE
NORTHWEST QUARTER OF SECTIOt7 13, T04!~SH7P 4 SOUTH, RANGE 11
47EST, SAN BERNARDINO BASE AND MERIDIAF7.
EXCEPTING THEREYROM THE NORTH 53.5 FEET THEREOF.
THE NOP,TH 53.50 FEET OF THC SOUTH 296,00 FEET pF THE EAST
4.00 ACRES OF THE NORTH 10.U0 ACRES OF THE EAST 13.00 ACRES
UF~ THE NORTH 18,00 ACRES OF THE EAST 30.00 ACRRS OF THE
~~~P.TH°AST QU„RTER OF' 'PHt NORTHW~ST QUpRTER OF SECTION 13~
TOWNSHIP 4 SUUiH, RANGE 11, WEST, IN THE RANCHO LOS COYOTLS~
AS pER t4AP RECORUED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS~
IN THE OCFICE OF THE COUNTY RECORDER Or^ SAID COUNTY,
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in tiie City ~f Anaheim on February 4, 1985, at 1:30 p,m,,
notice of said public hearing having been duly given as required by 1aw and in
accordance with the provisions of che Anaheim Municipal Code, Chapter 18.03,
to heat and consider e~vid~nce for and against said preposed var{inca ~rQ tp
lnVPNFid~ltc' dtt~ m~b<, r~.,a_.,.. . ~~~u LCI:UllllllN
` = ndations in connection therewith; and
WHEREAS, said Cemmission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all
e~idence and reports offered at said healing, does find and dEternine the
followin9 facts:
1. Tha~ the petitioner propose~ waivers of the following to
construct a 24-unit apartment complex:
(a) SECT70N 18.34.062.012 - Maximum structural heiqht.
(1 storv permitted within 150 feet of a
single-family residential zone; 2 st~ries
proposed at 5 to 110 feet)
; (b) SECTIUN 18.34.068 _- Required block wall
i (_6-foot hiqh blocn wall along south property
' require~; none proposed)
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PC85-37
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2. Ti~at the above-rnentioned waiver (a) is hereby gtanted on the
basis that there are special circumstances applicable to the property such as
size, sF~ape, topography, location and surroundings which do not apply to other
identically zoned property in khe same vicinity; and that strir.t application
of the Zoning Code deprives t1,C property of privileges enjoyed by other
prope~ties in khe identical zone and classification in the vicinity.
3. That the above-mentioned (b) is hereby denied on the basis that
the petitioner stipulat=d at the public hearing to constructing a six (6)-foot
high block wall along the south property line in conformance wil•h Code
cequirements.
4. That there are exceptional or exl•raordinary circumstances or
conditions applicable to the propert;~ involved or to the intended use of the
property that do not a~ply generally to the properi-y oc class of use in the
same vicinity and zone.
5. That the requested variance, as granted, is necessa_*y for the
preserval•ion and enjoyment of a substantial property right possessed Sy other
properL-y in the same vicinity and zone, and denied to the pro~erty in question.
6. That the requested variance, as granted, will not be materially
detrimental tu the public welfare or injurious to the property or improvements
in such vicinity and zone in which tt,e property is located.
7. That 2 interested persons indicated their presence at said
public hearing; and that no correspondence was received in opposition t~
subiect petition.
EP]VIR~NMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to reclassify subject property Erom the
RS-A-43,~00 (Residential/Agricultural) Zone to the RM-1200 (Residential,
Multiple-Family Zone to construct a 24-un?t apartment comple° with waivers of
maximum structucal height and required block wall on a rectangularly-shaped
parcel of land consistin~ of approximaL-ely 0.83 acre, having a frontage of
approximately 14a Peet on the west side of Dale Avenue, and being located
appzor.imztely 3Q0 Eeet souti, oE the centerline ot Lincoln Avenue; and does
hereby approve the Negative Declaration upon finding that it has considered
tiie Negative Declaration tegether with any commen*_s received dur?ng the public
review process and further fioding on the basis of the initial study and any
comments received that there is no substanti~l evidence that the project will
have a significant effnct on the environnent.
NOW, THEREFQRE, BE IT RGSOLVED that the Anaheir~ City Planning
Commission does heceby grant subject Petition for Var.iance, upon the following
conditions which are nereby found eo be a necessary prerequisite to the
proposed use of the subject property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. That the owner of subjecl- property shall pay to the City of Anaheim
a fee for tree planting purposes along Dale Avenue in an amount as
determined by the City Council.
2. That pzior to issuance of a building permit, appropriate park and
racreation zn-lieu fees shall be paid to the City of Anaheim in an
amount as determined by the City Council.
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3. That prior to issuance of a building permit, the appropriate traffic
signal asse:ssment fee shall be paid to the City oE Anaheim in an
amount as determined by the City Council for each new dwelling unit.
4. That all driveways shall be designed to accommodate ten (10) foot
radius curb returns as required by the City Traffic Engineer.
5. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
6. That subject property shall be served by under.ground utilities.
7. That prior to commencement of structural framing, fire hydrants
shali be installed and charged as required and determined to be
necessary by the Chief of the Fire Department.
8. That trash storage areas shall be pro~~ided an~ maintained in
accordance with approved plans on file with the Street Maintenance
und Sanitation Division.
9. That the proposed parkiny structure design shall conform to
Engineering Standard Plan ~lo. 402 pertaining to standard de:ails for
parking structures and ramp requirements.
lU. That all lockable pedestrian and vehicular access gates shall be
•equipped with a"knox box" device to the satisfaction of the City
Fire Marshsll and the Chief of Police.
11. That prior to final street inspections, "No parking for street
sweeping' signs shall be installed as required by the Street
Mai~tenance and Sanitation Divisiun and in accordance with
specifications on file with said division.
12. That all air conditioning facilities shall be pro~erly shielded irom
view, and the sound buffered from adjacent residential properties.
13. That prior to issuar.ce c£ b¢ildiny permits, the u~.plicant shall
present evidence satisfactory to the Chief Buildinq Znspector that
the proposed project is in conformance with Council Policy Number
542 "Sound Attenuation in Residential Projects" and with noise
insulation standards specified in the California Administrative
Code, Title 25.
14. That a 6-fuot high masonry block wall ~ha11 be coastructed and
maintained along the north, south and west property lines.
15. That any proposed parking area lighting fixturey shall be
down-lighted with a maximum height of 12 feet. Said lighting
fixtures shall be directed away from adjacent property lines to
protect the residential integrity of the area.
16. That this Variance ic granted subject to the adoption of the zoning
ordinance in connection with Reclassification No. S4-SS-23, now
pending.
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17. That subject property shall be develape~j substantially in accordance
with plans and specifications on file witli the City of Anaheim
marked Exhibit Nos. 1 through 4; provided, hoiaever that a six (6)
foot high block wall shall be constructed an~ maintained along the
southern propecty line.
18. That prior to issuance of a building permit, or within a period of
one year from the date cf this resolution, whichever occurs first,
Condition Nos. 1, 2, 3, 9, 13 and 16, above-mentioned, shall be
complied with. Exte~sions Por further time to complete said
conditions may be gra.~te~ in accordance with Section 18.03.090 of
the Anaheim Municipal Code.
19. That prior to final bu:lding and zoning ir,spections, Condition Nos.
4, 5, 6, 8, 10, 11, 12, 14, 15 and 17, above-mentioned, shall be
complied with.
BE IT FURTHER RESOLVL•D that the Anaheim City Planning Commtssion
does hereby find and determine that adoption or this Resolution is expressly
predicated upon applicant's complianca with each and all of the co~ditions
her.einabove set fort:i. Should any such condition, or any part thereo£, be
declared invalid or unenfocceable by the final judgment of any court of
canpetent jurisdiction, then this Resolution, an9 any approvals herein
contained, shall be deemed null and void.
THE E~OREGOItdG RESOLUTION is signed and approved by me this 4th day
of February, 1985. _ /
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CHAI MAN~ ANAHE~IM C~ITY PLANNSNG COMMISSION
ATTEST: __..
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SECRETARY, ANAHEIM CI~ AN1 NrNg ~~ISSIO[4
STRT6 GF CALiE'UkNIA )
COUNTY OE 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 Planning Commission held on Februa~y
4, 1985, by the following vote of the members thereof.:
AYES: CO[9MISSIONERS: BOUAS, BUSHORE~ FRY, HERBST, KING, LA CLAIRE,
MC BURNEY
NOES: COMMISSIONEi~S: NONE
ABSENT: COMMiSSIONERS: NONE
IN WITNESS WHEREOF, I tiave hereunto set my hand this 4th day of
February, ].985.
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SECRETARY, ANAHEIM CITX FLANNING COMMISSION
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