PC 85-97~
RESULUTIpN N0. PC85-9%
A P.ESOLUTIOAI OF Tf1F Af7A(IgZp~ ~ITy pr,ANNlNG COMMSSSION
THAT PETITIOtJ FOR VARIANCE N0. 3474 BE GRAMTED, IN PART
w~~~R~~`°'~ tr~ Anahei.m City Planning Commission did
Petition for Jacience Yrom VINCENT P, pE2TROK, Zlg
~ Anaheim, California 92805 Leceive a verified
Lrive , owner, ancl HUCO p, West Vermont Avenue,
. , Anaheim, California 9zgp5~ VAZQUEZ, 619 South Live Oak
the City of Anaheim, Count a9ent for cectain real
Y of Orange, State of California describedsasuated in
PARCEL 1:
THE WESTERLY 110 FEET OF THAT PORTZON OF LOT
;'.' EXTENSION, IN THL•' COUNTY OF ORANGE, STATE 27~ ANAHEIM
SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HA EL AINFOg68AAND
FIL£D IN THE OFFICE OF THE COUNTY RECORDCR OF LOS ANGELES
COUNTY, CALIFORNIA~ DESCRIBED ~S FOLLOW$; BEGINNING
POINT IN THE NORTHERLY LINE OF SAID LOT
THE CENTER LINE OF VERt90NT AVENUE f AT A
~ FORFfERLYABROADISTREET)GAND
~ DzSTANT EASTERLY~ MEASORED ALONG SAID CENTER LINE 762.09 FEET
FFt06] THE INTERSECTION OF SAID CENTER LINE ON VERMONT AVENUE
WITH THE CENTER LINE OF PAL~d STREET, ._pID pOINT OF P,~GItdNING
~GING THG NORTHEASTERLY CORNER OF T!~E LAND DESCRIg~p
CERTIFICATE OF TITLE N0. 7155; THF.NCE SOUTHERLY
. EASTERLY LINE IN
OF TFIE LAND DESCRIBEp IN ALONG THE
TITLE AND ALONG THE [1UST EASTERLY SAID CERTIFICATE OF
TRACT DESCRIBED IN CERTIFICATE OF TITLE NO.T6539 TOOp3
IN TF1E ,g ACRE
OUTH L•INE pF gp*p LOT 27 IN THE CENTER LINE POINT
ROAD, WHICH SAID POINT _TS DIS'1'AN~ ETST 775,$5 FEET
INTERSECTION OF ~r BnLL
THE r,ENTER LINES OF PALM STR~;E~ FROtg THE
ROAD; THENCE EAST ALOtv~ THE CENTER LINE OF BALL ROADN TO BTHE
SOU7'HEAST CORNER OF SAID LOT 27; THENCE NORTHWESTERLY ALOI6G
THE EASTERLY LINE OF SAID LOT 27 TO THE NORTHEAST CORNER OF
SAID LOT IN THE CENTER LINE OF VERMONT AVENUE
AND THP:MCF
SUUTHWESTERLY ALONG THE CENmg4 r,It~~ 1~ 1HE FOINT OF BEGINNING.
EXCEpT THEREFROM Tf1AT PORTION THEREOF INCI,UDEL WI7'HtIJ ~'~p,MpNT
AVENUE,
RLSn EXCEPTING THERRFROM mHAT PART TfIEREOP LYI',JG SOUTHERLY OF
A LINE DRAWN r,i,~:EPI.Y ACROSS SAID LAND PARALLEL WITH
NORTHERLY LINE OF SAID LOT 27 FHU'ri ;, PO?NT NORTH 2g~ i
1936 FEET FROM THE SOUTHWEST CORNER THEREOF. THE
24 WEST
WHEREAS, the City planning Commission did hold a
the Civic Center in the City of Anaheim on April 1
of said Public hearing at
public hearing having been dul ~ 1985, ~t 1;30
accordance with the Y 9iven as required b P~m~' nOtice
to hear and Provisions of the P.naheim t9unicipal Code y laW and in
consider ev±dence for and against said ~ ~hapter 1g,03,
investigal•e and make fiudings and recomuieuubi.;,,;;,, pn °posed variance and tp
said public hearing having been continued to ~ nnection therewith;
of Apr.il ].5, 19g5; ar,d the Plannin
9 Commission meEting
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WHEREA3, said Commission, after due inspection, investigation and study
made by itself and in its behalf, and aftec due consideration of a11 evidence and
reporl•s of£ered at said hearing, does find and determine the Following facts:
a 14-unit apartment comp lexitioner proposes waivecs of the following to construct
(a) SECTION 18.34.061.010 •- Minimum buildin site area
urFit, er dwellin
(bJ SECTION I8.39.062.011 - Maximum structural hei ht.
AND .18.34.OG2.p12 (1 stor within 150 feet of a sin le-
residential zone and 2 stoties ot~W1Sel
per~nitted; 2 stories at 52 fee~ and-et
Erom a sin le-famil residentiai ~~_ne
boundarY to the west and north and 3
at 52 and 104 feet from a sin 1_e-familv ries
residentiel zone boundar to the r;es~ana
north proposed)
Z• ihat the above-mentioned waiver (a) is hereby denied on the basis
bhat revised planc submitt~f by the petitioner deleted the need for said waiver
y reducing the number pro osed
complyiny with the Code standard for residential den ity from 1G to 14, thereby
3• That the above-nentioned waiver (b) is hereby granted on the basis
that there are special circumstances applicable to the properEy such as size,
shape, topography, location and surroundings which do not apply to other
identica2ly yoned property in the same vicinity; and that strict application ef
tne Zoning Code depcives the property ag privileges enjoyed by other
in the identical zone and classification in the vicinity.
properties
4• That there are exceptional or e;~traordinary circumstances or
conditions applicable to the property involved or to the intended use of the
Pcoperty that do not apply gEnerally to the property or class of use in the same
vicinit}• and zone.
5' T~'''~ '-~~ ~CyucsLeu ~~ariance is necessary for the
enjoyment of a sul~stantial property right possessed b Preservation and
vicinity and zone, and denied to the property i^ Y°ther property in the
question. same
6• That the requeated cariance will not be materially detrimental to
the public welfare or injurious to the ~roperty or improvements in such vicinity
and zone in which the ,nroperty is located.
~• Thar no one indicated their presence at said public hearing in
opposition; and that nc corcespondence was received in opposition to subject
petition.
ENVIRUNMENTAL Ip1PACT PItIDING: That the anaheim City Planning
Commission has reviewed the
with waivers of minimum bu Ld ng a site a eatruct a 14-unit apartment complex
structural height on a rectangularly-sha ed per dwelling unit and
approximately O.y acre, havin p parcel of land consistingimof
~i~n g a frontage of approximately 110 feet on the south
of Vermont Avenue, and furtlier described as 21E west Vermont Avenue; and
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PC85-97
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a does hereby approve the Neyative Declaration upon finding that it has considered
the Negative Declaration together with any comments [eceived during the public
review process and further finding ~n the basis of the initial study and any
comments received that there is no substantial evidence that *_he project will
have a signiEicant effect on the environment.
NOW, THEREFORE, BE ZT RESGLVED that the Anaheim City planning
Commission does hereby grant subject Petition for ~Jariance, upon the following
conditions which are hereby found to be a necessary prer.equisite to the proposed
use of the subject propezty in order to preserve the safety and yeneral welfare
of the Citizens of the City oE Anaheim:
1. That the owner of subject property shall pay to the City op pnaheim a
fee for tree planting purposes along Vermont Street irt an amount as
determined by the City Council.
2. 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.
3. That prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an amouret
zs determined by the City Councii for each new dwelling unit.
4. That sidewalks shall be installed along Vermont Avenue as tequired by
the City Engineer and in accordance with standara plans and
specifications on file in the Office of the CiCy Engineec.
5. That the driveway shall be constructed to accommodate ten (10) foot
radius curb returns as required by the Cit_y Traffic Engineer.
6. That drainage oE subject property shall be disposed of in a manner
satisfactory to the City Engineer.
7. That subject property shall be served by underground utilities,
8. That prior tu commencement of structura7 f:aming, fire hydiants shall
Le installed and charged as required and determined to be necessary by
the Chief of the Fire Department.
9. That trash storage aceas shall be provided and maintained in accordance
with approved plans on file with the Street Maintenance and Sanitation
Division.
lU. That the proposed parking structure design shall conform to Engyneering ~
Standard Plan No. 902 pertaining to standard details Lot parking
structures and ramp requirements.
1:. That street lightir:g facilities along Vermont Avenue shall be ynstalled
as required by the Utilities General Manager in accordarice w:th
specifications on file in the OfEice of Utilities General Manager, and
that security in the Eorm of a bond, certificate of deposit, letter of
credit, or cash, in an amount and Eorm satisfactory to the City of
Anaheim, shall be posted with the City to guarantee the satisfactory
completion of the abo~~e-mentioned improvements. Said secur.ity shall be
posted with the City of Anaheim prior to issuance of building permits.
The above-required improvements shall be installed prior to occupancy. "S
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12. That fire sprinklers shall be installed as required by the City Fire
t4arshall.
13. That gates shal.l not be installed across the driveway in a mann~ar which
may adversely affect vehicular traffic in the adjacent public stxeet.
Installation of any gates with.in a distance of forty (40) feet from
said public street righ,t-of-way shall be subject to the review and
approval oE the City Traffic Engineer.
14. That all lockable pedestrian and vehicular access gates shall be
equipped with a"I:nox box" device to the satisfaction of the Chief of
Police and the City Fice Marshall.
15. ~Phat prior to final street inspect:ons, "No parking for street
sweeping" signs shall be installed as required by the Street
t9aintenance and Sanitation Division and in accordance with
specifications on file with said division.
16. That all air conditioning facilities and other roof and ground mounted
equipment shall be properly shielded from view, and the sound buffered
from adjacent residential properties.
17. That subject property shall bz deve~oped substantially in accordance
mith plans and specifications or. file with the City of Anaheim marked
Revision No. 1 of Exhibit Nos. 1 through 4.
lb. That prior to issuance of a building permit, or within a period of one
year from the date of this resolution, whichever occurs first,
Condition Nos. 1, 2, 3, 10 and 11, above-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be
9t'anted in accordance with Section 18.03.090 of the Anaheim Municipal
Code.
19. That prior to final building and zonir,g inspections, rondition Nos. 4,
5, 6, 7, 9, .12, 13, 14, 16 and 17, above-mentioned, shall be complied
with.
BE IT FURTHER RESOLVED that the AnaFeim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Should any sur.h condition, or any part thereuf, be
declared invalid ur unenforceab2e by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be
deemed null ano void.
THE EOREGOING RESOLUTION is signed and app[oved by me this 15th day of
April, 1985. ` ' /
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CHAIRMAN, ANAHEI~t CI1Y PLANNING COMMISSION
"~;; ATTEST:
~ > Y~~t~, ~ %~~%
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`e SECRETARY~ ANAHEIM CZTY PLANNING COMMISSION
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STATE OF CALIFORNIA }
COUN4'Y OF ORANGE ) ss.
CITY OF' ANAHEIFI )
I, Edith L. Harris, Secretary oE 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 April 15, 1985, by the
following vote of the members Y.hereof:
AYES: CUMMISSIONERS: HOUAS~ FRY~ HERBST, K?NG, LA CLAIRE, MC BURNEY
NOES: COM1IMISSIONERS: BUSHORE
ABSENi: COMMISSIO[JERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~Sth day of April,
1985.
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SECkETARY~ ANAHEIM CITY PLANNING COMMISSION
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