PC 79-166;
RESOLUTIO~! N0. PC 79-166
RESOLUTION OF 7HE ANAHEIM CITY PLANNINr, COHMISSION
THAT PEYITIOt~ FOR VARIANCE N0. 3108 BE GRANTED
WHEREAS, the Anahelm City Planning Cortmtsston dld receive a verifled
Petttlon for Uariancc from HOWARD A, fR1EDMAN AND DIANE R. FRIEDIIAN and WILLIAM C.
TAORMIIJA AND CYP~THIA L. TAORMINA~ 721 North Helena Street. Anaheim, Californta 92$05,
a~ners, and JAMES R. NEEDHAM~ 9492 Sandra Circlc~ Villa Park, California 92667~
agent, of certaln real proper[y situated in the City of Anahetm. County of Orange,
State of California described as:
Lot 21 of Tract tJo. 230, tn thc City of Anaheim, as shown on a Hap
recorded in book 13, page 25 of Misceilaneous Maps, records of
Orange County, California.
NHEREAS~ the City Pianning Commission did hold a public hearing at the City
Ha11 In the City of Ananeim on August 13, 197°. at 1:30 p,m., no[ice of said public
hearing havfng been duly given as required by law .~nd In accordance with the
P~ovisions of the Anahetm Municipal Code, Chapter 18,03, to hear and consTder
evTde~ce for and agalnst satd proposed varlance and to investigate and make findings
and recommendations in connectfon therewith; and
WHEREAS~ satd Commission, aftcr due inspection~ investigation and study made
bY itself and in its behalf, and after due consideratlon of ali evTdence and reporCs
offered at satd hearing, does find and determine the foliowing facts:
1. That the petitioner proposes vraivers of che following to construct a
three-untt aparcment building:
(a) SECTION 18,32.061.010 - Minimum buildin site er dwelli~ unit.
2+00 s uare eet required
2, 9 square eet
(b) SECTION 18.32.065.017 - Minimum distance between butldin s.
15-1 2 eet required;
1 -1 2 eet proposed)
2. That the above-mencioned Naivers are hereby granted on the basls that
the petTttoner denonstrated that a hardshPp exists due to the limited stze of the
property which is only 47 feet wide (33$ narrower than [he Code standard of 70 feet)
an~ that the requests arc minimal amounting to less than one-half percent (1/2$)
greater stte area than permitted by CoJe and a less than thirteen percenc (13$)
smaller distance be[ween buTidings than is required by Code.
3. That the proposed variance is hereby granted subject to the
petitToner's stfpulation at the public hearing to construct a sTx (6) foot hTgh
masonry bloc~ wall on thc north~ south and east propcrty lines~ provided that withTn
the requlred stree[ seiback area~ said wall ~hall nflt exceed forty-two (42) inches Tn
height.
PC7°-lE6
4. That there are exceptional or extraordinary circumstances or condttlons
aPPlicable to the property involved or to [he intended use of the property that do
not apply generally to the property or class of use In the same vicinity and zone.
5. That the requested variance is necessary for the preservatlon and
enJoymen[ of a substantial property right possessed by other property in the samt
vici~ity and zone, and denied ta the property in questio~,
6. That the requested variance wlll not be matertally detrimental to the
public welfare or tnJurlous to the property or improvements Tn such vTcinity and zone
j~ which [he property is located,
7. That 5 persons indicated [heir presence at said public hearTng in
aPposition; and that no correspondence was recelved in oppositTon to the subject
petitlon.
ENUIP,OIIMENTAL IMPACT FINDING: The Planning DirecLor or his authorized
representat vc has determ ne that the proposed project falls within the definTtion
of Categortcal Exemptions, Class 5, as defined in ParagraFh 2 of the Ct~y of Anahetm
Environmental Impacc Report Guidelines and is. therefore, categorically exempt from
the requirement to prepare an EIR.
NOW, TI~EREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Vartance, upon the following condltlons whlch
are hereby found to be a nccessary prerequislte to the pror~osed use of the subJect
property in order to preservc thc safety an~ general welfare of che CitTzens o.' the
City of Anahcim:
1. That trash storage areas shal! be provided in accordance with approved
plans on file with the Office o.` the 6lrector of Public works.
2. That street lighting facllitTes along Claudina Street shall be
1nsCaiied ~s required by the Oirec[or of Pubflc Utlififes, and In accordance with
speclfications on file Tn the Office of the Director of Public Utilities; arid/or that
a bond, certTficate of deposit. letter of credit. or cash~ in an amount and form
satlsfactory to the City of Anaheim shall be posted Nith the CTiy to guarantee the
lnstallation of the above-mentioned requirements prior to occupancy.
3. That the owner(s) of subJect property shall pay the trafflc signal
assessment fee (Ordinance No. 3896) tn an amount as determined by the City Council~
for each new dwelling unit prior to the issuance of a buTlding permtt.
4, That subject p~operty shall be developed substantlally in accordance
with p~ans and spacifTcations 6n file with the Clty of Anaheim marked ExhibTt Nos. 1
and 2~ provided, hor~ever, that .~ stx-foot hTgh masonry wall shall be constructed on
the north, south a~d east property lines.except within the required street setback
area where said wall shall not exceed forty-two (42) I~ches.
5. Thac Conaition kos. 1 and 4~ above-mentloned, shall be complied with
Prlor to fi~at building and zontng inspections.
BE IT FURTHER RESOL4ED thai the Anahelm City PlannTng Commisslon does hereby
find and determine that the adoptlon of this Resolutlon ts expressly predic<ited upon
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app~tcant~s compllance with cach and all oF the conditlons hcreinabove sct forth.
Should any conditTon or any part thereof, he declared lnvaltd or unc~forceable by the
final Judgment of any court of competent Jurisdictlon~ then thls ResoTutlon~ and any
approvals herein contalned~ shal) be deemed nutt and void.
THE FOREGO~NG RESOLUT~ON ls signed and approved by me this 13th day of
August, 1979.
/~i ~j~ l// %i~~
CH IP.M N RO MPORE
ANAHEIH CITY PLANNI~lG COMMISSION
ATTEST:
`~~ z° ~,,.~:,
SECRETARY~ ANAIIEIM CITY PLANNItIG COMHISS~OH
STATE OF CAL 1 FORIt 1 A )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIN )
I~ Edlth L. Harris, Secretary of the Anaheln Clty Planning Canmisslon, do
hcreby certify that the foregoing resolutlon Was passe~ and ad~pted at a meeting of
the Anaheim City Planning Commission held on August 13, 1979, at 1:30 p.m.,by the
following vote of the members thereof:
hvES: COHHfSSf6f(ERS: DRVf6, Ff{Y. HERBST. KtNG, TC~LAR
NOES: COMHISSIQNERS: NOtdE
ABSENT: COMMISSIONERS: SARNES, BUSHORE
IN WITNE55 41HEREOF, I have hercunto set my hand this 13th day of August, t979.
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SECRETARY~ AHAHEIM CITY PL/11~NItJC COMMISSION
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