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PC 77-130RESOLUTIOt~ N0. PC77-130 A RESOLU710N OF THE AFIAHEIM CiiY PLA.~~NlNG COMMISSI01! THAT PETITIOtI FOR VARIANLE N0. 2947 (3E GRAPITED iJHEREAS, the Anaheim City Pla~ning Commission did receive a verified Petition for Variance frorn PIADEL117E F. CARIIICHAEL, 134 South Flarding Drive, Anaheim, Cal ifornia 92804, owner, and A~JUREIJ J. KOL7AVARY, 371~0 Campus Drtve, t~ewport Beach, California 92660, agent, of certain real property situated in ttie City of Anaheim, County of Orange, State of California, described as: !ot 14 of Tract No. 403, as per map thereof recorded in Dook 16, at page 11, of 11iscelianeous Haps, records of said Orange County; and WNEREAS, the City Plannin9 Comrnission did hold a public hearing at the City fiall in the Lity of Anaheim on June 20, 1977, at 1:30 p.m., notice of said public hearing t~avin9 ~een duly yiven as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 1£3.03, to hear and consider evidence for and against said proposed variance and to inves'[iga[e and make findings and recommendations in connection therea~i[h; and WHEREAS, said Cornmission, after due inspection, invcstiga[ion and study made by itself and in its behalf, and after due considr.ra[ian of all evidence and reports offered at said hcaring, does find and determine thc f~llowing facts: 1, That the pe[itioner proposes a waivr_r of thc foltewing to establish a two-lot, RS-72~0 subdivision: SECTIOPJ 1g.26.Ob1.010 - Minimum lot area. (7200 square feet required; 75_square feet proposed 2, Tha[ thc above-mentioned waiver is tiereby granted on the basis that several waivers relativc to minimum lot area have l~ecn granied on similar parcels in the area, each parcel having frontayE: at opposiic ends an two public streets and each parcel being exceptionally long (approximately 290 feet) for RS-7200 development. 3. That th~re are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the iniPndi:a u,e of the property that do not apply generally to ttie praperty or ciass of use in the same vicinity and zone. 4. That the requested variance is necessary for the preservation and enjoymen[ of a substantial property riyht possessed by other property in the same vicinity and zone, a~d denied [o the property in question. 5, That the requested variance will not be matcrially detrimental to the public welfare or injurious to the property or improvements in such vitinity and zone in which the property is located. 6. That no one indicated [heir presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. PC77-130 Et~VIRONMENTAL IHPACT FIIlDING: That the Maheim City Planning Corrr.oission has reviewed the subject project, consistiny of a proposeJ two-lot, RS-720m su~;d~ivision a~ith waiver of minimum lot area on approxlmately 0.; acre of land in the RS-7200 Zo;ie at 13~~ South tlardiny Drive, and does hereby recommend to the City Council of the City of Anaheim tfiat a Negative Declaration from the requirement to prep::,'e an environmental impact report be approved for the subject property on the basis t!-~at there would be no significant inJividual or cumulative adverse environmental impact due to tlie approval of this Negative Declaration since the Anahein General Plan designates the subject propcr[y for low and medium density residential land uses commensurate witl~ the proposal, and that nearby properties are developeJ ~ith similar uses and the project o-iill be a~ asset to the area; that no sensitive environmental elements are involved in the proposal, and the initial Study subritted by the applicant indicates no siynificant indivicJual or cumulative adverse envirorme~tal impacts; and that the Negative Declaration substantiating [he foregoing findings is an file in the office of the Ci[y of AnaF~eim Planning Department. t1011, 7HEREFORE, U[ IT R[SOLV[U that the Anaheim City Planning Commission does liereby grant subject Petition for Variance, upan the follrniing conditions which are hereby found [o be a necessary prerequisite [o the proposed use of the subject property in order [o preserve thc safety and yeneral welfare of the Cir.izens of the Ci[y of Anahcim: 1. That [he owncr(s) of subjcct property shall deed to the Ci[y of Anahcim a strip of land 32 fect in width from tlie centerline of thc stree[ along Grand Avenue and Harding Drive for street widcning purposes. 2. Tha[ all en9ineerin9 requirements of the City of Anaheim along Grand Avenue, including prcparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, draina9e facili[ies or other appurtenant work, sliall he complied with as required by the City Engineer and in accordance wi[h s[andard plans and specifica[ians on file in the office of thc City Engineer; that street lightiny fecili[ies along Grand Avenue sliall be instailed as require;f by the Direttor of Public U[iliCies and in accordance o~ith standard specifications oii file in the office of the Director of Public Utilities; and/or that a bond, certificate of de{~osi[, ietter of credit, or cash, in an amount and form satisfacto ry to [he City of Anaheim shall be ~sted with the City to guarantee the installation of the above-men;ioned requiremenls. 3, That the owner(s) of subject property shall pay to the City of Anaheim the sum of sixty cents (60C) per front foot along GranJ Avenuc and Harding Drive for tree planting purpos~.s. That subject property shall be served by underground utilities. y. That drainay~ of subject property sliall be disposed of in a manner satisfactory to the City [ngineer. 6. That in the even[ tha[ subject property is to be divided for the purpose of sale, lease or financing, a parcel map to record the approved division af subject property shall be submitted to and approved by thc City of Anaheim and then be recorded in tlie office of the Orange County Recorder. 7, That ihr_ owner(s) of subjcct property shall pay to the City of Anaheim the apprupriate park and recrcation in-licu fees as determined [o be appropriate by [he City CQUncil, said fees to be paid at the time thc building permit is issued. _Z_ PC77-130 . $ b. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anal~eim marl:ed Exhibit 1dos. 1, 2 and 3. 9. That Condition tios. 1, 2 and 3, above mentioned, shall be complied with prior t~ [he cnrmiencement of the activity authorized under this resolution, or prior to ;hc cime [hat thc building permit is issued, or within a p~:riod of one year from da[e hereof~ whichever occurs first, or such further time as the Planning Comnission ar Lity Council may grant. 10. That Condition Nos. 4, $ and 8, above rnentioned, shall be complied with prior to final b~ilc~ing and zoning inspections. THE fOREGOiPIG kESOLUTfON is siyned and approved by n~e this 20th day of June, 1977. CIi IRMAII, NAHEiN LANN t~G OMMISSION ATTEST: `~~ ~% ~~ SECRETARY, At1AilEIM CITY PLANNIt1G COMMISSIO~d S1'ATE OF CALIFORU{A } COUNTY OF OftA~IGE ) ss. CITY OF A~~AH:IM ) !, Edi[h L. tlarris, Secretary of tfie Anaheim City Planning Commission, do hcreb;~ certify that thc foregoing resolution was passed and adoptcd at a meeting of the Anaheim City Planning Commissiore held on June 20, 1977, at 1:30 p.m., by the following vote of the mern6ers thcreof: AYES: COMMISSIOGFRS: BARt~ES, DAVID, HER4ST, Y.ING, LI~~N, TOL.AR, JOHFlSON NOES: COMMISSIONERS: NONE ABSEtJT: COMMISSIOtlERS: ti017E IN WITt~ESS NfiEREOF, I have hercunto set my hand this 20th day of June, 1977. , ~.u-~ ~°. ~ ~,~:~~ SECR[TARY, ANAHEIM ClTY PLAI~IIING COMMISSION -3- PC77-130