PC 74-222RESOLU~N NO. PC74-222 ~
A RESOLUTION OF THE CYTY PLANNING COh9~1ISZS~I09 OF TBE GR NTED NAHEIM
THAT PGTITION FOR VARIANCE NO.
WHEREAS, the City Planning Commission of the City of Aneheim did receive a vetified Petition for Vatiance
from ~~'ERNER.AND SEAN FRANZ, i5161 Coronado, Anaheim, Ca. 92806 (Owner); BRUCE JOHNSON,
Anacal Engineering Company, 222 East Lincoln Avenue, Anaheim, Ca. 42803 (Agent) of certain
real property situated in the City of Anaheim, County of Orange, State of Calif„rnia,
described as Lot 8 of Tract No. 1005, as per map recorded in Book 33, Page 32 of Miscel-
laneous Maps, records of Orange County, California
; and
WHEREAS, the City Plenning Commission did hold c< ~ublic hearing at the City Hall in the City of Anaheim
on November J.1, 1974 at 2:00 o'cloc~c P.M., notice ot seid p~blic hearing having been duly given es r_quired
by lew ancl in eccordence with the pmvisions of the Aneheim Munici~~l Coda~, Chapter 18.68,to hear nnd consider evi-
dence [or and ~goinst said proposed varionce end to investigate and malce firtdings and recommendet~ons in connection
therewith; and
WHEREAS, said Commission, after due inspection, investigatio::, a~~ ~tudy made by ;~se:f ur~d in it`^behelf,
end after due rnnsideration of all evidence end reports oftered et said hearing, does find pnd deiermfnc !he _..'owing
facts:
l. That the petitioner requests the following variance srom the Anaheim Munic3.pa1
Code, to eatablish four (4) R-E (RESIDENTIAL ESTATE) zoned lots: .
SECTION 16.18.030(3) - Minimum lot size. (1.0 acre required; 0.982 acre proposed)
2. That the requested variance•is granted, based on the merit of the proposal and
using reasonable judgment, since the variance applies to only one of the proposed lots, said
lot being preaently developed with a single-family dwelling and to be retained by the prop-
erty owner, and since the proposed land r~rea is within approximately 1.75 percent of.the
Code requirement.
3. That the proposal will not affect the quality or the amenities that the praperty
will possess, or. detract from or devu~uate the ad~oining properties.
4. Thet there are exceptionel or extraordinory circumstonces or conditions appliceble lo the property involved
or to thc intended use of the property thet du not apply generally to the property or class of use in the snme vicinity and
zone.
5. That the requested varia~ce is necessary for the preservation end enjoyment of a substantiol property right
possessed by other property in the same vicinity and zone, and denied to the property in qucstion.
6• Thet the requested veciance will not be materielly detrimentnl to the public welfare or injurious to the prop-
edy oc impcovements in such vicinity and zone in which the property is located.
7,. That four (4) pesecna indicated their presence at said public hearing in
oppoaition, two (2) of whom appeared; and one letter, containing two (2) aignatures in
oppoaiti~n, was received.
ENVIRONMENTAL IMPACT REPORT FINDING:
That the Directar of Development Services has determined that the propoaed acCivity falls
within the definition of SPCtion 3.01, Clasa 5 of the City of Anaheim Guidelines to Che
Requirements for an Environmental Impact Report and is, therefore, categori.cally exempt
from the requirement to file an EIR.
-i- RESOLUTION N0. PC74-222
,: yOH~, THER'EFORIs, BE I ESOLOED that the Anaheim Cir,; ~ning Commission does hereby
~ grans subject Petltion io~:rriattce, upon the followi.ng con tions which are he~reby found
to ~e a na~eosnry prereq~tisiA:e t~ the pr~po~ed use of ttt~: subject property in ordcr to
preserve [hc safeL-y ~nd general wei.fate of sh~ L'i*_izens o£ the City of Anaheim:
}. That the owr.•~'r(s) o: subject pr~perty sY~a~1 deed to Ehe City ef Anaheim a strip
of l:and 3•3 fset in w~.~th €t~m the c.enterline ~E tt~e streeY. along Lakeview Avenue 6n An
alignme t tr~ be rS abli:she~ by ~h~ City ~.ng2rie~t f.or street widen~~€ purposes.Tt is an~ici-
pater~ t~~ie City v~.l.l "a~struct u timate street imqr~svements when tratfxc needs dictate.
2. That fire hydrants shall be installed an~.•~harge~ ac required and determii~ed to
be necessary by the Chief of tlie Fire Department pxiar xo commencement of structural
framing.
3. In the event that sub~ect property is to be divi3e~ for the ~urpose nf sale,
lease, or financing, a parcel map to record the approved dlvision oi su~Ject prdperty
shall be submitCed to and approved by zhe City of Anaheim and Chen be recorded ~n the
office of the Orange County Recorder.
4. That the owner(a) of subject property shall pay to the CiKy of Anatre3m Yhe
appropriate park and recreation in-lieu fees as determined to be a~~p~agriace by the City
Council. said fees to be paid at the time the building permit is issved.
5. That all lote shall be served by underground utilities.
6. That drainage of said property srsll be disposed of in a manner eat•lafactot:v to
the City Engineer. If, in the preparation of the site sufficient grading 3s rec~uirQd to
necessitate a grading permit, no work on g=ading will be permitted between Q~tuber i.5th
and April 1~th unless all required off-site drainage facilities have been inetallad and
are operative. Positive asaurance shall be provided the City that such drainage £aei.tl-
ties will be completed prior Co Octuoer 15~h. Necessary right-of-way for off-site dsain••
age facilities ahall be dedicated to the City, or the City Council. ahall have initlaCed
condemnation proceedings therefor (the costs of which ehall be borne by the develapc:r)
prior to the commencement of grading aperaCions. The required drainage facilitiea shull
be of a size and type sufficient to carY•y runoff water~s originating from higher prvpex"ties
through said property to ultimate disposal as approved by the Cit~ Engineer. Said itnin-
age facilities shall be the first item of construction and shall be completed and be
functional throughout the tract and from the downstr~am boundary of the property to th~
ul*_imate point of diaposal prior to the issuance of any final building inspections or.
occupancy parmits. Arainage district reimburaement agreements may be made avail~+ble to
the developers of said property upon their request.
7, That the property owner(s) shall submit grading aitd eite plane to the Plannit:g
Commission and/or City Council for review and acceptance prior to the iasuance of the
Building Permits.
$. That eubject property ehall be developed substantially in accordance with plane
and specifications on file with the City of Anaheiu marked Exhibi.t No. 1.
9. That Condition Nos. 1 and 3, above-mentioned, ahall be complied with prior to
the commencement of the activity authorized undsr this reaolution, or prior to Che :ime
that the Building Permit is issued, oz within a period of one year from date hereof,
~thichever occurs first, or such further time as the Planning Commission may grant.
1'J. That Condition Nos. 5 and 8. above-menCioned, shall be complied with prior to .
final building and zoning inspections.
THE FOIiEGAZ~IG RESOLUTION is eigned and approved by me thia 1 y of November,
1:74.
IgMM1 pp CITY PLANNING COMMISSION
AT T: L~
~~,e...~
ECRETAR'I ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 88•
CITY OF ANAHEIM )
_2_ RESOLUTION N0. PC74-222
a - ~ ~
~ I, Patricia B. Scanlan, Secretasy o£ the City Planning Commission of the City uf
Anaheim, do hereby certifq that the foregoing resolution was passed and adopted at :=
~eating of the City Planning Commissinn of the City of ~naheim, held on tJovemher 11,
1974, at 2:OC o'clock p.m., by the following vote of the members thereof:
AYES: COMMISSIONERS: FARANO, GAUER, KING, MORLEY, AERHST
NUES: COMMISSIONERS: NONE
ABSENT: COMMISSION'ERS: JOHNS0:1, TOLAR
IN 'WITNESS WHEREOF, I have hereunto set my hand this llth day of November, 1974. .
~~ i~ ~~l.~C~if~/
SECRETARY A.'~AHEIM CITY PLANNING COMMISSION
-3- RESOLUTION N0. PC74-222