PC 79-79RESOLUTION N0. PC 79-79
A RESOLUTION OF TNE ANANEIM CITY PLANNING LOHNISSION
THAT PETITION FOR VARIANLE N0. 3091 BE GRANTED
WHEREAS. the Anaheim Ctcy Planning Commission did receive a verified
Petitlon for Variance from CITY OF ANAHEIM, 106 North Claudina Streec, SuTte 607.
Anaheim, Californfa 92805. owner, and OWEN CAZIER. 5731 5[anton Avenue, 8uena Park.
California 90621, agent, of ccrtain real property sttuated in thc City of Anahelm.
County of Ora~ge. State of Cal(fornia described as:
That portton of the East half of the Northwest quarter of the
Southwest quarter of the Northa~est quarter of Section 13, Township
4 South. Range il West, in the Rancho Los Coyotes, as shown on a
Map recorded in Book 51, page 11 of Hiscellaneous Maps, records of
Orange County, California. lying Northaesterly of the Northwest
line of lot B of Tracc ko. 2655. as shotim on a Map thereof
recorded in Book 79, pages 1, 2, 3 and 4 of Miscellaneous Maps,
records of Orange County, California. Exceating therefrom that
portion conveyed to the Orange County Flood Control Oistrict by
deed recorded February 10, 1961 in Book 5625, page 512 of Offictat
Records of Orange County, California.
blMCREAS, the City Planning Corrmission did hold a public hearing at the City
Hall in the City of Anaheim on April 23. 1979. at 1:30 p.m „ ~otice of said public
hearing having been duly given as reautred hy IaH and in accordance with ihe
provisions af the Anahelm Municipal Code, Lhapter 18.03, to hear and consider
evidence for and against said proposed variance and to investigate and make flndings
and recommendattons in connection [herewlth; and
WHEREAS, said Commisslon, after duc inspectton, Investigation and study made
by itself and tn its behalf~ and after due consfderatton of atl evidence and reports
offered at said hearing, does find and decermine the following facts:
1. That the petitioner proposes a waiver of the following to construct a
4-unit apar[ment building:
SECTION 18.34.062.012 - Maximum buildinq he( ht.
~1 stor pern tte w thin 150 feet of single-
am~ iTy residential zoning; 2 stories oroposed)
2. That the above-menttoned waiver is hereby granted on ihe basis that the
petitioner demonscrated [hat a hardship exists due to the unusual trtangular shape of
subject property. satd property being separated frdn RS-7200 zoning by the existing
75-foot wide Carbon Creek Channel; and on the basis thai other properties Tn the same
zone a~d vlcinity have been developed ~ith 2-story apartment butldinqs which are also
loca[ed less than 150 feet from RS-7200 zoning.
3. That there are exceptional or ex[raordinary circumstances or conditions
applicable to [he property involved or to the intended use of the property that do
not apply 4enerally [o the proper[y or class of use 1~ the same victni[y and zone.
PC79-79
4. That ihe requested variance is necessary for the preservatton and
enjoym~nt of a substantlal propcrty rtght possessed by other property in the same
vtcinity and zonc, and denled to the property In ques[ton.
5. That the rcquested varfance will not be materlaliy detrimental to che
public welfare or injurious to the property or improvunents in such vtcinity and zone
in whtch the property is located.
6. That no one indicated their presence at said public heartng in
opposition; and that no correspondence Has received tn opposition to the subJect
peti[ton,
ENVIRO~~MENTAL IHPACT FItIDING: That the Anaheim [(Ly Planning Commisston has
reviewed t e proposa to rec ass fy subJect property from the RS-A-43~000
(Residential/Agrictul[urai) Zone to the Ry-12~~ (Residen[(al, Multiple-Family) 2one
to construct a 4-unit apartment complex With Nalver of maximum building height on an
irregularly-shaped parcel of land consisting of approxinately O.G acre, having a
frontage of approximately 175 feet on the south side of an alley located southwesi of
the southwesterly cul-de-sac terminus of floyd Avenue, having a maximum depth of
approximatcly 109 fcet a~d being located approximately 328 feet east of the
cen[erllne of Beach Boulevard; and does hereby approve the Negattve Declaration from
the requlre~nen[ to prepare an envtronmcntal impact report on the basis that there
would be no significant individual or cumulative adverse environmental impact due to
the approval of [his Negative Decl~raiton since the Anahelm Ge~eral Plan destgnates
the subject property for medium density residential tand uses cor.mertsurate ~([h the
proposal; that no sensitfve envlronmentai impacts are invoived in the proposal; that
the Inltlal Study submitted by ihe petitioner indicatez no significant individual or
cumulative adverse environmental impacts; and that the Negative Decla~ation
substantiating the foregoing findt~gs is on ffle in the Lfty of Anafieim Planning
Department.
NOW. THEaEFORE, BE IT RESOLVED tha[ the Anahetm Lity Plann(ng Cortmisston
does herehy grant subject Petition for Varlance. upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subJect
property in order ta preservc .hc ssfety Znd qeneral xcl,`arc of Lyc titizrns of Lhe
Ctty of Anaheim:
l. That this Variance is granted subjec[ [o the completion of
Reclassification No. 78-79-42, now pending.
2. That the amer of subject property shall pay to the City of A~aheim the
appropriate park and recreation in-lteu fees as detcrmined to be appropriate by the
C1[y Council. said fees to be paid at the time the bullding permit is issued.
3. That the ow~er(s) of subJect proper[y shall pay the traffic signal
assessment fee (Ordinance No. 3896) tn an amounY as determined by the Ctty Counctl,
for each new drrelling unit prior to the issuance of a buliding permit.
4. Tha[ trash storage a~eas shall be provided in accordance with approved
plans on file with the Office of the Director of Public Works.
5. That subJect property shall be develooed substantially t~ acco~dance
Hich plans and spectfications on file wich the CTty of Anahetm marked ExhibTt No. 1,
-2- PC79-19
6, That CondTtion Nos. 4 and S, above-mentloned. sha11 be complied NT:h
prior Co final building and zoning inspections.
BE IT FURTHER RESOLVEO that the Anahelm City Planntng Cammission does hereby
find and determine that adoptton of this Resolution Is expressly predica[ed upon
applicant's compliance Wtth each and a11 of the condttions hereTnabove set forth.
Should any such condition, or any part thereof, bt declared lnvalid er unenforceable
by the final Judgment of any court of competent Jurisdiction, then this Resolution~
and any approvais herein contained. shall be deemed null and void.
7HE FOREGOI~IG RESOLUTION fs signed and approved by mc thts 23rd day of
April. 1979.
. r,~
AI !7AN, ANAH M ITY PLANNING COMMISSION
ATTEST:
~e.~ ~° ~J.~.~.,~.
SECRETARY~ ANAHEIM CITY PLANNING LOM"IISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris~ Secretary of the Anshein City Plannin9 Cor~"tsslon. do
hereby certify that the foregoing resolu[to~ Nas passed and adopted at a meet)ng of
the Anaheim City Plan~ing Commissia~ held on Apri) 23, 1~79. by the follo~+tng vote of
the members thcreof:
AYES: COM)115510NER5: BUSHORE, OAViD, HERBST, JOHN5011. KIt1G. 70LAR
NOES: COMMISSiONEilS: NONE
ABSENT: GONMISSIONERS: BARNES
!t! WlT4E55 wNEaFOF, I have hereunto set my hand this 23rd day of April.
1919.
~a(d,~ ~ ~Lvw w ~ _
SECRETAliY, ANAMEIM CI PLANNING COMMISSION
_3_ PC79-79