PC 85-08RESO_ Lp__TIpN N0. PC85~_~13
A RESOLUTION OF THE ANANEI'M CITY PLANNING COMMISSION
THAT PETZTIpN FOR VARIANCE N0. 3551 BE GRANTED
WHEREAS, the Anaheim City Planning Commissior. did receive a v=:~iied
Petition for Varianc~~ from LAURETTA EMMALINE MAA3S, ET AL., 3233 West Lincoln
Avenue, Anaheim, California 9Zg01, o:vners, and PRALLE F.ND CASE NO. 2, 1249
East Imperial Highway "A', Placentia, California 92670, A'CTN: PHILLIP CASE,
agent for certain :eal propzrty Situated in the City of ,~naheim, County of
Orange, State of California described as;
THAT PORTION OF THE EAST HALF Ok THE SOUTHEAST 'lUARTER OF THE
;• GOU'PHW~ST QUARZ'ER O[` SECTION 11, TOWNSHIp 4 SUUTH~ RANGE 11
a• ~ 41E5;', IN THE RANCHO LOS COY07'ES. CITY OF ANAHEIt~,~ COUNTY
~' ORANGE, STATE OF CALIFOP,1dIp, AS PER MAP RECORDED IN BOOK 91
' PAGF.' 11 OF PIISCELLANEOUS N,APS, IN THE OFFICF, OF THE COUNTY
RECORDER OF SASD COC'NTY, DESCRIpL•'D AS COLLOWS;
BEGINNSNG ~T A POINT EAST 66.00 FEET FROM THE SpUTHWEST CURVER
OF SAID EAST HALF; 'PHENCE NOR4'H 0° 15' S0" WEST 360.41 FEET
PtiRALLGI, WITH THF WEST LTNE OF SAID EAST F'ALF TO A~ ANGLE POINT
IN THE WESTERLY LINE OF 1HE LAND CONVEYED TO J. K. DOYLE AND
WIFE BY DEED RECpRDED APRIL 21, 1953 IN BOOK 2490 PAGE 157 OF
OFNICIAL RECORDS; THENCE NORTH 89° 47.' S5" EAST 287.40 FEET;
THENC~ SOUTH 0° 29' S1" EAST 144.02 rEET; THENCE SOUTH 3° 06'
35" EAS1 216.59 FEET TO THE SOUTH LINE OF SAID EAST HALF;
THF.NCE SUU.H 9° 41' 10" WEST 298,66 FEET TO THE POSNT pg
BEGINN;:NG.
EXCEP;^. iHE WLST 75.00 FEGT THEREOF.
:~iHEREAS, the City Planning Commis;.ion did hoid a public hearing ~t
tl~e Civic Center in the Cir.y of Anaheim on ,Tenuary 7, 1985, at '1:30 p,m_~
notice oE said public hearing having been duly given as required by law a~d in
accor~ance with khe pr.o,isiuas oE the Anaheim Municipal Cod.~, Chapter 18.03
to haar and consider evidence for and against said proposed variance and to
investigate and make findings and recommendations in connection therewith; and'
WHEREAS, said Commission, afY.er due inspection, investigation and
study made by itself and in it•s behalf, and after due consideration of aIl
evidence and repocts o.Efered at said hearing, does find and oetermine the
following facts;
1• That the petitioner proposes waivers of the following to
construct a 60-unit affordable a~~artment complex:
SECT_ IpN 1g~34.061.010 - Mininum buildin site area
(1,200 sq, ft. requ~red; 1,149 SWellin unit.
q• ft. proposed)
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?• That the above-mentioned waivers are hereby granted on the ~asis
that thera are special circumstances applic~ble to the property such a;: size,
shape, !opography, location and surroundings which do not apply to other
identic-~lly zoned property in the same vicinitk~; and that strict application o:
the Zos~ir,g Cor3e deprives the pcoperty of privileqes enjoyed by other properties
in the~ identical zone and classification in thie vicinity.
3• That there are exceptional or ext:aordinary circumstances or
conc~itions applicable to the property involved or to the intendea use of the
property that do not apply generally to the property or class of use in th? same
vicinity and zone.
4• That the requested variance is necessary for the preservation and
enjoyment o£ .s substantial property right possessed by other property in the same
vicinity and rone, and denied to the property in question.
5• That the requested variance will not be materi~:liy detrimental to
the public welfare or injurious to the oroperty or improvements in sucY, vicinity
and zone in which the property is located.
"• That no one indicated their pcesence at sa_d E•ublic hearing in
opposition; ~nd that no correspondence ~aas received in opposition to subject
petition.
ENVIRCt;~~ENTAL IFIPACT FSNDING: That
Commission has reviewed the proposal to reclassify esub)e teim City plann~ny
RS-A-43,000 (Resi.dential, Agricu!tu~•~1) ~one t~ Property from the
Multiple-Familyj Zone i:o construct a 60-unit affordable apartment complex twith
waiver of minim~~~i building site area per do;elling unit on a rectangularly-shaped
parcel of land consisting oP approxir~~ately 1.6 arres, having a frontage of
approximately 227, feet on the north side of Lincol~i Avenue, and further described
as 3233 West Lincoln Avenue ; ar.d does hereby approve tne Negative Declaration
upon finding that it has considered the Negative Declaration together with any
comments received during the public review process and further finding on the
basis of the initial study and any commenr_s received that there is no substantial
evidence that the project svili have a significant effecr on the environment.
NOW, THEREFORE, BG IT RESULVEU tFat the Anaheim City Planning
Commission does hereby grant subject Petition for Variance, upon the following
conditions which are hereby found to be a necessary prerequisite to the groposed
u~e of the subject property in order to preserve the safety and general welfare
of the Citizens of the City of Anaheim:
1. That prior to issuance of a buildinc~ pernit, appropriate park and
recreation in-lieu fees shall be paid to the City of Anaheim in an
amount as determined by the City Council.
Z• That prior to issuanr_e of a builcJ~ng permit, the appropriate tc~ffic
signal assessment fee shall be paid to the City of Anaheim in an amount
as determined by the City Council for each rew dwelling unit.
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3• That all engineering requirements of the City of Anaheim a7.ong Lincoln
Avenue, including preoaration of improvement plans and installation of
all improvement: such as curbs and gutters, sidewalks, street grading
and pavement, sewer ani9 drainage facilities, or other appurtenant work
shall be complied with as required by the Cit°.• Engineer and
accordance with specifications on file in the OEfice of
Engineer; and that securit in
Y in the form of a bond the City
deposit, letter of credit, or cash, in an amount and fo m satisf ctory
to the City of Anaheim, shall be oosted with the City to guarantee the
satisfactory completion of said improvements. Said securi!y shall be
posted with the City prior to apg1oval of improvement p]ans, to
guarantee the ir.stallation of the above-required improvements prior to
occupancy.
4• That street lighting facilities along Lincoln Avenue shall be installed
as required by the Utilities c;eneral Manager in accordance with
specification:> on file in the Office of Utilities General Manager, and
that security in the form o~ a bond, certificate of deposit, letter of
credit, or cash, in an amount and form satisEactory to the City of
Anaheim, shall be posted with the City to yuarantee the satisfactory
completion of rhe above-mentioned improvements, Said security shall be
posted with the City of Anaheim prior to issuance of buildiny permits.
The above-requix~d improvements shall ba installed prior to occupancy.
5- That drainage of subject property shall be disposed of in a
satisfactory to ~he City Enyineer.
manner
6• That subjecC propex~y shall be served by underground utilities.
7• That prior to commencement of structural framir,g, iire hydrants shall
be installed and charged as required and determined to be necessary by
the Chief uE the ~ire Department,
$• That trash storage areas shall i,e provided and maintained in accordaace
with appruved plans on file with the Street Maintenance and Sanitation
Division.
9• 7'hat orior ~o ~ss~U,~ce ot a building permit, primary watet main fees
shall be paid to r_he City of Anaheim, in an amount as determined b~
Office of the Utilities General Manager.
1 the
10. That the proposed parking sl-ructure design shall conform to Engineerzng
Standard Plan No. 402 pertaining to stanc7ard details for parking
str.uctures and ramp requirements.
11. Phat ~,r:o= to final street inspections, "NO parking for street
sweeping" signs shall bc installed as required by the Street
Naintenance and Sanitation Divisicn and in accordance with
specifications on file with said division.
lZ• That ~rior to issuance of building permits, the applicant shall present
evideace satisfactory to the Chie£ Building inspector that the proposed
project is in conPormance with Council Policy Number 542 "Sound
Attenuation in Residential Projects" and with Noise Insulation
standards specified in the California Administrative Code Title 25.
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13. That all lockable pedestrian and vehicular aacess qates shall be
equipped with a"k.nox box" device and a digitally cperated gate opener
to the satisfaction of the Fire Marshail.
14. That fire sprinklers shall be installed as required by the City E~ire
[4arshall.
15. That pcior to issuance of building permit, the developer shall enter
into an agreement with the City of Anaheim to provide that three (3)
iinits or five percent (53) of the cermitted number of cesidential units
shall be rented as low or nodecate :.ncome housing as def.ined in Health
and Safety Code Section 9'i093 and with appropriate rental controls as
approved by the City of Anaheim for a period of not less than twent.y
(20) years from the date of issuance oi occupancy pe:mits,
16. 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 City Council.
].7. That a 6-foot high masonry block wall ~:hall be constructed and
maintained along the northerly and westerly preperty lines.
18. That this Variance is granted subject to the completion of
Reclassification No. 84-85-16, now pending.
19. Thut subject property shall be developed substantially in accordance
w~th plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 through 8.
20. That prior to i~suance of a building permit, or within a period of one
year from the date of this resolul•ion, whichever occurs first,
Condition Nos. 1, 2, 3 4, 9, 10, 12, 15, 16 anii 18, ab~ve-mentioned,
shall be complied with. Extensions for iurther time to complete said
conditions may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
21. That prior to final building and zoning inspe.:tions, Condition NoE. 5,
6, II, 13, 1=;, I7 ~nd I9, aLuve-meuLiuneti~ si~aii be compiied with.
BE IT FURTHER RESOLVFD that the Anaheim City Plannir.g Commission does
hereby find and determine that adoption of this Reso?.ution is expressly
predicated upon applicant's compl:ance wi.th each and all of the conditions
hereinabove set forth. Should any such condition, or any part thereof, be
declared invalid oc unenforceable by the Einal judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be
deemed null and void.
THE FOREGOING RESOLUTION is sictned and ~pproved by me this 7th day of
,Tanuary, 1905. - _.._. --`
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_CHAIRMAN~ ANAHEZM ITY PLANNTNG COMMISSION
ATTEST:
~~r~. ~ ~~,~~:
SECRETARY, ANAHEIPI CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGF, ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Seccetary of the Anaheim Cit~~ planning Commission,
do hereby certify that the foregoing cesolution was passed and adopted at a
meetir.g of the Anaheim City Planning Commission held on January 7, 1985, by the
following vote of the members thereof:
AYES: COhIMISSIONERS: BOUAS, BUSHORE, FRY, HERBST~ K2NG, LA CLAIRE~
NC BURNEY
NOES: COMMZSSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
~ IN WITNESS WHEP.EOF, I have hereunto set my hand this 7th day of
January, 1985.
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SECRETARY, ANAHEIM CITY PLANNING COt4MZSSIJN
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