PC 77-48RESQLUTIOtJ N0. PC77--+8
A RESOLUTIO~J OF 7:~F ANAtfEIM CITY PLAIl~II~l~ CO~Sr,I551orJ
THAT PETITIOt~ F~;1 VARIAt~CE IJQ. 2907 BE ~RA!dTED.
WHEREAS, the Anaheim Cir.y Planninc Commission dld receive a verified
Petition for Variance from RAYM04D A. AND NAP„ ARET DILLON, 141 S, fiarding Drive,
Anaheim, California 92804 (Owners) of certain reat property situated in the City of
An~hetm, C~unty of Orange, State af California described as;
Lot No. Eighteen (13) of Tract No. 4~3 as per map rec~rded in Sook 15, Pa9e 11,
Miscellaneous liaps, Records of Orange County, California.
AtJ~ AL50:
Lot No. Seventeen (17} of Tract No. 403, as ner map recorded in Hook 16, Page il,
Mt~cellaneous Maps, Records of Orange County, California.
WIiEREAS, the City Planni~~g Commission did hoid a public heari~g at the City
Hall in the City of Anaheim on February 28, 1977, at 1:30 p.m., notice of said public
hearing havin9 been duly given as required by law a~d in accor~lence with the
provisions of the F,naheim 1luniclpal ~ode, Chapter 1°.03, to hear and consider
evidence for and ae~ainst said proposed variance and to investigate and make findings
and recommendations i~ connection ther'ewith; and
WHERE~S, sald Commission, af[er due insp~ctio~~, investigatlc~n and ~°_udy made
by itself and in its behalf, ;;nci a*ter due consideration of all evidence and reports
ofr'ered at said h~^aring, does find and determina [he follo:ying fa~[s:
1. That [he pe[itioner proposes the following walve^s fror,~ the Anaheim
Municinal Code, xo establish a four-lot, RS-7200 subdivision:
a. SECTION 18.04.020.028 - Minimum lot area. (7200 sq. ft.
requirEd; 75 sq. ft. proposed
b. SECTIOPd 13.26.063.~10 -!iinimum froni setback. (25 feet
required; 0 oot exis[ingf-
2. That Waiver 1-a, above-mentioned, is hereby granted on the basis that
tC:e proposed lot sizes are Gomparabie to existing lot sizes ~n the subJect area.
3. That Waiver 1-b, above-mentioned, is hereby granted on the basis that
the structures are existing and a hardship wnulJ be created if said waiver was not
grante.d.
4, That there are exceptional or extraordinary circurnstanc~s or conditi.:ns
applicable to the property involved or to the intended ~ise of [lie property that do
not apply generally to the property or class of use in tiie same vicinity and zune.
5. Tha[ the r~quesYed varlance ts necessary for the preservation and
enjoyment of a subs[antial property right possessed by other property in the same
vicinity and zone, and denied t~ [he proper[y in question.
RESOLUTION N0. PC77-48
6, That the requested variance will n~r_ be materially detrimental to the
public welfare or inJurious to the property br impr~v~ments in such vicinity and zonr
in which the property 7s locaced.
7. That no one indlcated tfieir presence at said public hearing in
opposition; and that no correspon~~nce was received in epposition to the subJect
petition.
Ei~VIRONMENTAL IMPACT FVNDING: 7hat the Anaheim City Planning Commission has
reviewed the subject projec[, cons35ting of a four-lot, RS-72~0 subdivision located
between Topanga and Harding Drivr.s, app~oximately 1~1 feet north of tht. c~nterline of
Del Monte Drive !n the City ofi Anaheim, and does hereby reconxnend to th~ Lity Council
of the ~i[y of Anaheim that a tlega'ttve Declaration from the requirenr.nt io prepare an
environmen*al impaci report be approved For the subject oroject or. the basis that:
thePe would be no sigri~icant indlviduat or cumulative adveTSe fmpacts an the
environment due to the approval of [his Nega;ive Declaration since Cne Anaheim
General Plan desianates the suhject property for low-denslty residential land use
comme~surate with th~: proposal, and the I~itial Study submitted by L'he petitioner
indicates no significant adverse impac[; and that the Nega[ive Declaration
substantiating the foregoing findings is on file in the bffice of the Plar,ning
Department at City Hall.
NOW, TtiEREFORE, BE t? RESOLVED that the Anaheim City Planning Commission
does h~~eby gran; subject Petttion for Variance, upon [he following co~d?tione whlch
are her°by found to be a necessary prerequisite [o the proposed use of fhe subject
property in order to preserve the safety and general welfare o` ~ihe Cltizens ot the
City of Anaheim:
1. 7hat the owner(s) of subject property shall deed to ths? C:ity nf Anah~eim
a strip of land 32 feet in width fr~m the centerline o` the SL"fPCL alona Harding
Drive and Topanga Drive for screet widening purposes.
2. That all engineering requirements of the City of Anaheim &;ong Topanga
Drtve 1ncluding preparat(on of imp~rovement pla~s and inscaltation of all
improvements such as curbs and guYt~':rs, sidewa,lks, street grading arvd paving,
drainage facilities or other appurtenant work, shall he complie~ witfi as required by
the City Engineer and in accordance with standarA plans and specifications on flle in
the Office of the City Engineer; that st:ee•T lighting faci;ities along Topanga Drive
and Harding Drive shall be installed as requireJ by the Dlrector of Public Utilicies,
and in accnrda~.ice with standard specifications on file ?n Che Offtce of the Director
of Public Utilities; and/or that a bonci, ~ertificate of deposi:, letter of credit,
or cash, 'sn an amount and form satlsfactory to the Clty of Analieir~ shall be posted
with the City to guarantee the installa[ton nf t~ie. above-mentioned requ(rements.
3. That the owner(s) of subJect property shall pay tu the City of Anaheim
the sum of sixty cents (60t) pe~ front foot along Topanga Drlve and Hardin9 Drive for
tree ,:~~~?t~.ing purposes.
~~. 7hat the owner of subject property shall pay tc the Ci[y o€ Aneheim the
appropriate park and recreation tn-Ileu fees as determined to be approprlate by the
City Cauncil, said fees to be paid at the time [he building permit Is issued.
5. That subJect propert~ shall be developed substant+ally in accordance
with plans and specificat(ons on file wiih the City of Anaheim marked Exhibit Nos. 1
through ?.
-2- RESOLUTIO,~ Na. PC77-48
6. That Cond'Ition ~Jos. 1, ~, and 3, above-mentioned, shall bc cc~mplied
with prior to the commencement of the activity authorized under t'h7s reso~ution, or
prior to [he time that the bu('Idi~g pe*mit is fssued, or within a perdod of one }~~ar
from date hemeof, whichever occurs firsE, or such fur[her time as thr., Ple~ninn
Commission and/or City ~ouncil may grant. y
7. That Condition T~o. 5, abcve-m~ntioned, sha11 be complfed with prior to
final building an~ zoning inspectinn5.
THE FOREGOIi~G RESt)tiUTIOt~ is signed and approv by rne [Fis ?.3th day of
February, 1977. ~ , ,
ti t~
ATTEST:
~-•
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~~-~'~.~~J ~~-6~~.J
SECRE~lARt~, At1RHEIN C TY PLAr~ti4f~G ~0!~.~1ISSIOFt
STATE OF CALIFORhIA ~
COUNTY OF ORAtjGE ),s,
CiTY OF At~AHEiM )
(a Pa[ricia B. Scv,n'lan, 5ecretary of the Anaheim City Plannir,g Cortimission,
do hereby cer[ify that the fore9oing resolurtion was passed and adop:ed at a meeting
of the Anahefm City Placaing C~ommiss~on, hcld on February 29, 1477, at t:3n p,m., by
the following 4ote of tP~e members thereof:
AYES: CO`1NISS90NERS: DAUID, HERB5T, KIING, ~MORLEY, TOLAR, JOHt15~~1
fJOES: COH!415510PIERS: NONE
AEiSEIiT: COM~1i55l~Ot1ER5: 6ARNE5
I~J WIThE55 ~~INEREOF, I havc hereunto set my ha,nd this 28th day of February,
~977.
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( ?"~L~:~ uttJ~ ~j-~'CL-s~~tiic.~
SECRETARK, ANANEIM CITY P;.ANNING C~MMISSION
-3- RESOLUTION N0. PC77-48