PC 85-51RESOLUTION N0. PC85-51
RBSOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETZTION FOR ~~A~IA~CE N0. 3463 AE GRP.NTED
WHEREAS, the Anaheim City Planning Commission did teceive a verifi~d
Petition for Variance from LILLIAN BARNA, ET ALs, 9104 Wimbledon N. E.,
Albuquerque, New Mexico 87111, owners, and J. R. DRUKIN, 1280 East Flower
Street, Anaheim, California 92g05, agent for certain rea.l property situated in
the City of Anaheim, County of Orange, State of California, describe~ as
follows:
BEGINNING AT A POINT ON THB SOUTH LINE OF THE WEST ON£-HALF OF
THE SOUTHEAST QUARTER OF THE SOUTHEA~•T QUARTER OF SECTION 15,
TOWNSHIP 4 SOUTH, RANGE 11 WEST~ SAN BERNARDINO BASE AND
MERIDIAN~ 461.20 FEET WEST OF THE SOUTHEAST CORPIER OF SAID
WEST ONE-HALF~ AND RUNNING THENCE WEST ALONG THE SOUTH LZNE OF
SAID WEST GNE-HALF~ 74.OS FEET; THENCE t7CRTH PARALLF.L TO THE
WBST LINE OF THE SAID WEST ONE-HALF, 591.36 FEET TG A PGINT
ON THE SOUTHERLY LINE OP THE RIGHT OF WAY OF THE PACZFIC
ELECTRIC RAILROAD; THENCE SOUTBEASTERLY ALONG THE SAIll RIGHT
OF WAY LINE 92.3& FEET; THENCE SOUTH PARALLEL TO THE WEST LSNE
OF THE SAID WEST ONE-HALF 535.72 FEET TO THE POINT UF
BEGT.NNING.
WHEREAS, the City planning Commission did hold a public hearing at the
Civic Center in the City of Anaheim on Fetruary 20, 1985 at 1:30 p.m., uoticP of
said public hearing having been duly given as required by law and in accordance
with the provisions of the Anaheim Municipal Code. Chapter 18.03, to t:ear and
consider evidence for and against said proposed reclassification and to
investigate and make findinas and recommenda~ions in connection therewitt~;
WHEREA5, said Commission, after due inspection, investigation and st~dp
made by itself and in its behalf, and after due consideration of all evidence
and reports offered at said hearing, dce~ find and d~termine tne following facts:
1. That the petitioiier proposes waivers of the following to construct
a 30-unit affordable apartment complex under the authority of State Government
Code Section No. 65915:
(a) SECTION 18.34.061.010 - Minimum buildinq site area per dwellin4 urit.
(1200 sa, ft. required; 965 sq, ft. proposed)
(b) SECTION 18.34.062.012 - Maximum buildin heiqht.
(1-storv within 150 Eeet of sin le familti
resiaential zonina permitted; 2-stories
proposed at 132 and 147 feet)
Z• That the above-mentioned waiver (a) is granted, under authority
~f Czliforria Government Code Section 65915.
3. That the above-mentioned waiver (b) is hereby granted on the
ba~is that that tt,ere are special circumstances applicable to the Froperty
such as size, shape, topography, location and surro~ndings wiiich do not apply
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to other identically zoned p_operty in the same vicinity; and that strict
application cf the Zoning Code de~rives the property of. privileges enjoyed by
other properties in the identical zone and classification in the vicinity.
4• That there are exceptional or extraordinary circumstances or
conditions applicable L-o 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.
5• That tlie requested variance is necessary for the preservation
and enjoyment of a substantial property right possessed by other property in
the same vicinity and zone, and denied to the property in question,
6• That the zequested variance will not be materially detrimental
to the public welfare or injurious to the property or improvements in suah
vicinity and zone in which the propecty is located.
~• That one person indicated their presence at said public hearing
in opposition; and that no correspondence was received in opposition to
subject petition.
ENVIRONMENTAL IMPACT FINDINC: That the Anaheim City Planning
Commission has reviewed the proposal to reclassify subject property fror,i the
RS-A-43,000 (Residential, Agricultural) Zone to the RM-1200 (Resid2ntial,
Multiple-Family) Zone to construct a 30-unit affordable apartment complex with
waivers of minimum building site area per dwelling unit and maximum building
height on an irregularly-shaped parcel of land consisting of approximately
0.86 acre, haviny a frontage of approximately 74 feet on the north side of
Ball Road, and having a maximun depth of approximately 538 feet and being
located approximately 1015 feet east of the centerline of Knott Street a:d
further described as 3633 West Ball Road; and does hereby approve the Negative
Declaration upon findzng that it has considered the Neaative Declaration
together with any commenl-s received during the public review process and
further finding on the basis of the initial s~ud,y and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment.
NOW, THEREFORE, BE Ii RESOLVED that the Anaheim City Planning
c:ommission does hereby grant subject Petition for Variance, upon the following
conditions which are hereby found to be a necessary prerequisite to the
proposed use of the subject property in ord^r to preserve the safety and
9~neral welfare of the Citizens of the City of Anaheim:
1. That prior to issuance of a building permit, primary water main fees
shall be paid to the City of Anaheim, in an amount as determined by
the Office of che Utilities General Manager.
2. That all engineering requirements of the City of Anaheim along fiall
Road, including preparation of improvement plans and installation ot
all improvements such as curbs and gutters, sidewalks, water
facilities, street gradiny and pavement, sewer and drainage
facilities, or other appurtenant work shall be compl~ed with as
required by the City Engineer and in accordance with specifications
on file in the Office of the City ~;ngineer; and that security in the
form of a bond, certificate of depos.it, letter of credit, or cash,
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PC85-5.1.
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in an amount and form satisfactory to the City of Anaheim, shall be
posted with the City to guaraiitee the saEisfactoc
said improvements. Said security shall be
Prior to issuance of buildin y°Ompletion of
of the above-re g Permits, to pOSted with the City
quired improvements 9uarantee thP installation
Prior to occupancy,
That the owner of subject property shall pay to the Cit
a fee for tree planting purposes al~ng Ball Road
determined b Y of Anaheim
y the City Council. ln a~ amount a~
That prior to issuance of a buildina permit, approptiate
recreation in-lieu fees shall be gaid to the Cit
amount as determined b park and
y the City Council. y of Anaheim in an
That prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim
amount as determined by the City Council for each new
in an
That the ~Welling unit.
Engineecing St nda d P an No, structure design shall conform to
parking strucr_ure~ and ramp requoir mentsining to standard details
for
That all driveways shall be constructed to accommodate ten
radius curb returns as required by the City Traffic Engineer.
(10) foot
That drair.age of subject property shall be disposed oE
satisfactory to the City Engineer.
in a manner
That subject property shall be served by underground utilities.
. That prior to commencement of structural framingr fire hydrants
shall be installed and charged as required and determined
necessary by the Chief of the Fire Department.
to be
That trash storage areas shall be ~ro~,i~~~ 4ra
accocdance with .s:pproved pjans on file with the
and Sanitation Division. ~~~aintained in
St;eet Maintenance
That street lighting facilities alona Ba11 Road shall be installed
as required by the Utilities General Manager in accordance
specifications on file in the Office of Utilities
and that securit with
Y in the form of General Manaqer,
letter of credit, or cash a bund, certificate of deposit,
City of Anaheim ~ in an amount and form satisfactor
satisfactor ' shall be posted with the City to y to the
y completion of the above-mentioned guarantee the
security shall be posted with the Cit improvements.
oE buildin Y of Anaheim Said
9 permits, The above-required impro P entSto issuance
installed prior to occupancy.
shall be
That the on-site Fire Department turn-around area shall be mar!ced
the satisfaction of the City Fire .far~hall to
within said area, te
preclude parking
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PC85-51
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14. That gates shall not be installed accoss any driveway in a manner
which may adverse.ly affect vehicular traffic in the adjacent public
street. Installation of any gtites within a distance of forty (40)
feet from said public street ~iqhts-of-way ~hall be subject te the
review and appcoval of the City Traffie Enginezc.
15. That the basement level of the covered parking structure shall be
located more than 502 below the natucal qrade level as measured from
the exterior walls of said parking structure.
16. That all lockable pedestrian and/or vehicular access gates shall be
equipped with a"knox boa" device to the satisfaction of the Chief of
Police and the City Fire Marshall.
17. Thar priur to final street inspections, "No parkinq foc street
sweeping" signs shall be installed as required by the Street
Maintenance and Sanitation Division and in accordance with
specifications on file with saiC division.
18. That the curbing adjacent to subject property shall be painted red to
facilitate on-street trash pick-up.
19. That all air conditioning facilities acid other rcof and ground
mounted equipment sh~.:l be properly shielded fr~m view, and the sound
buffered from adjacent residential properties.
20. That pcior to issuance of building permits, the applicant shall
present evidence satisfactory to the Chief Building Inspectoc 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.
21. That a 6-foot high masonry block wall shall be constructed and
maintained along the north and west property lines, the height to be
measured from the highest adjacent grade level.
2"G. 'iiiat ~[iut L~ issu~ncc of ;, buildir~g p~.:~tit, tlte de•ielorer ~ha21
enter into a recocded agreement with the City ~i Anah=im pursuant to
Government Code Section 65915 to provide that twenty-five percent
(258} of the permitted number of residential units shall be rented as
1ow or modecate income housing as defined in Government Code Section
65915 and wi.th appropriate rental controls as approved by the City of
Anaheim for a period of not less than twenty (ZO) years from the date
of issuance of occupancy permits.
23. That this Variance is granced subject to the adoption of the Zoning
Ordinance in connection with Reclassification No. 84-85-25, now
pending.
,,', 24. That subject proper.ty shall be developed substantially in accordance
`'F. with plans and specifications on file with the City of Anaheim marked
-'r Exhibit Nos. 1 th[ough 3. -
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25. That prior to issuance of a building permit, or within a period of
one year from the date of khis resolution, ahichever occurs first,
Condition [dos. 1, 2, 3, 4, 5, 6, 12, 20, 22, and 23, above-mentioned,
shall be complied with. Extensions fo: further time to complete sai~
conditions may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
26. That prioc to final building an~ zoning inspections, Condition Nos.
7r 8~ 9~ 11~ 13~ 14~ 15~ 16~ 18~ 19~ 21 and 24~ above-mentioned,
shall be complied with.
BE IT FURTHER RESOLVED thaL the Anaheim City Planni.ng Co~rission does
heceby find and determine that adoption of th.is Resolution is expressly
predicated upon applicant's cornpliance with each and all of the conditions
hereinabove set forth. Should any such condir_ion, o: any part thereof, be
declared invalid or unenforce~ble by the final judgment of any cour~ of
competent jurisdiction, then this Resolution, and any apprcval:. herein
contained, shall be deemed null and void.
THE FO~EGOTNG RESOLUTION is signed and approved by me this 20th day
of February, 1985. ~• ~
~C i~~/ C,CG-/ '~%~
CHAIRMAN, ANAHEIM ITY PLANNING COMMISSION
ATTEuT:
~ ~~ ~ `~ .~,~,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFO1tNIA )
COUNTY OF ORANUE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the fore9oing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on February
2Q, 1985, by tt~e following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE~ FRY, HERRST~ KING~ MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LA CLAIRE
IN WITNESS WHEREOF, I have hereunto set my hand ihis 20th day oi
February, 1985. ~
, ~ ~~ ~`~-~'G -
SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
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