PC 79-151i ,}
RESOlUTION ~10. PC79-151
RESOLUTION ~~ T~E ANAHEIM LITY PLANNf11G COMMISSION
THAT PETITION FOR VAP,IANCE N0. 3097 BE GRANTED.
WHEREAS, the .anaheim City Plannin9 Cortmission did receive a verified
petitton for Varlance from F?AtIK PAGL~ARI AlID MARIA PAGLIARI, FRAP1C15 NANCI AND
ANGELINA NANCI, AtiD VI~JCENT DUCOULOt1BtER, AND CONSUELO DULOULOMBtER, 1385° Russeil.
4lhlttfer, Catifornia 90605. owncrs, and UPIlVERSIAL LAP~D DEVELOPHENT. 1741 West
Lincoln Avenue ~A, Anaheim, California 92801. agent, of cerLaln real property
situated in thc City of Anaheim, County of Orange, State of Callfornia, described as
follows:
The Ea.st 189.39 feet of the North 190 feet of Lot ?.G, Tract 743,
In the City oP Anaheim, as per map recorded in Book 22. page 10,
MEscellaneous Maps, in the offtce of the County Recorder of saicf
County. •
WHEaEAS, the Clty Planning Cortmissfon did schedule a public hcartng at tne
City Hall in the Ctty of Anaheim on July 2, 1979, at 1:30 p.m., notice of sald public
hearing having been d~ly given as required by law and in accordnnce with the
provlsions of the Anahefm Municfpal Code, Chapter tII.03, to hear aid consider
evidence for and a9ainst said proposed variance and to investiga[e and make findings
and recommendatlons in connec[ton therewith; safd pubiic hearing havtng been
continued to the Planning Commtsslon mceting of July 30, 1979, and
WHEREAS, said Comnisslon, aftcr due Inspection, investigation and study made
by ttself a~d tn its behalf, and after due consTderation of all evtdence and reports
offered at said hearing, does find and dcterminc the following facts:
1. That the petitioner proposes watver of the follow?~g to construct an 3-
unit apartment complex:
SECTION 18.32.062.012 - Naxlmum st~uctural heiqht.
_1 ~sto~r permitted w~th n 150 feet of
stn- gTe-fantly residential zontng;
2 storles proposed)
2. That the above-mentioned watver Is hereby granted ~n the basis that EF~e
petittoner demonstrated that a hardship exists in that there is an agrlculturally
zoned lot contatning a private water pump sta[ton lacated in the northwest por[ton of
the property making development difficul[; and aithough property to the easC is
currently zoned RS-A-43,000 and development with single-famtly residences, the
surrounding area is designated for low to medlum de~sity residential land uses by the
Anaheim General Pian and ti~ill eveniually be devel~ped in such a manner thereby
eliminating the need for the walver; and that denial woutd deprive subJect property
of a privile9e being enjo;ed by other propertles in the same classiflcation and
vicinity.
PC79-t51
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3. That there are exceptional or extraordinary circumsCances or conditions
appiicable to the property involved or to the intended use of the property that do
not apply generally to the property or class of use in the same vicinity and zone.
4. That [he requested vartance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property tn the same
vlcinity and zone, and denied to the property in question.
5. That the requested variance will not be materially detrinental to the
public welfare or tnjurious to the property or improvements 3n such vi•cinity and zone
in which the property is located.
6. That 7 persons indicated their presence at [he public hearing on July
2, 1979, and 10 persons indtcated their presence at the public hearing on July 3Q,
1979, in oppositton to thc two-story buildings; that one letter was presented in
opposition; and that a petition containing approximately 16 names was submitted in
opposition to subject petition.
ENVIRONME~ITAL IMPAC7 fIN~ING: That the Anaheim City Planning Commission has
revlewed the proposal to reclassify subject property from the RS-A-43.~J00
(Residential/Agricultural) Zone to the RM-2400 (Resldential, ~fultipie-Family) Zone to
construct an 8-unit apartment complex with waiver of maximum structural of height on
an irregularly-shaped parcel of land consisting of approximately 0.7 acre located at
the southeast corncr of Savanna Street and Marian Way, having approximate frontages
of 143 feet on the south slde of Savanna Strcet and 178 feet on the east side of
Martan uay; and does hereby approve the Negattve Declaration from the requirement [o
prepare an environmental fmpact report on the basis that [here would be no
significant Individual or cumulative adverse environmental impact due to the approval
of this Negative Declaration since [he Anaheim General Plan designates the subJect
proper[y for low-nedium density residential land uses commensuratc wtth the proposal;
that no sensitive environmental impacts are invoived in the proposal; that the
initial Study submitted by the petitioner indicates no significant individual or
cumula[ive adverse environmental impacts; and that the t~egative Declaration
suhstantiating the foregoing findings is on file fn [hc City of Anahelm Planning
Depar[ment.
NOW, THC•REFORE, BE IT RESOLVED that [he Anahelm Ctty Planning Commisslon
does hereby grant subJect Petition for Variance, upon the following cond(tions which
are hereby found to be a necessary prerequisite to the proposed use of Che subJect
property in order to preserve the safety and general welfare of the Ctttzens of the
City of Anaheim:
t. That this Variance is granted suhJect to the completi~n of
Reciassificatlon No. 79-80-2, now pending.
2. Tha[ subJect pr~perty shall be developed substanttally in accordance
with pla~s a~d specificatlons on file with the City of Anaheim marked Exhibit No. 1
(Revision No. i) and Exhibit Nos. 2 and 3.
BE IT fURTHER RESOLVED that the Anahelm City Pla~ntng Commisston does hereby
find and determtne tha[ adoptio~ of this Resolutton is expressly predicated upon
-2- PC79~151
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applicant's compliance with each and all of the condttlons herelnabove set for[h.
Should any such condition, or any part thereof, be declared tnvalid or unenferceable
by the flnal Judgmen[ of any c.:urt of canpe:ent jurisdiction, then this Resolutlon.
and any approvals herein conCained, shat) bc deemed null and void.
1979.
TNE fOREG0ING RESOLUTIQN Is signed and approved by me this 3~th day of July,
~ ~ ,~j a-a-.~.c./
CHAI MA~l,~ ClTY PLANNIdG COMHlSSION
ATTEST:
~~. ~ 7~.~,,~.:.
SECRETARY, ANAHEIM CITY LANNING COHNISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Edith L. Harrts, Secretary of the Anaheim City Planning Commission, do
hereby certify that [he foregotng resolutlon was passed and adopted at a meeting of
the Anaheim City Planning Commission held on July 30, 1979. by the following vote of
the members thereof:
AYES: CONt115510t~ER5: BARNES, BUSttORE, DAVID, HERBST. KING~ TOLAR
NOES: CCMMISSIONERS: NONE
ABSENT: COtif115510l1ER5: FRY
IN VJITNE55 WHEREOF, I have hereunto set my hand this 30th day of July, 1979.
~~ ~ ~~
SECRETARY, ANANEIM CITY PLANNING COMMISSION
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