PC 81-179f~[`OLUTIOt! "J0. PC31-17~
A RESOLUTI0~1 OF Tfl[ A~lAHEI~! C'TY PLAN~lIt~~ C011111 5 5 1~~~1
THAT PETITIO~! F02 V~RIA'1C.. '!0. ;23(• F3E GRl1~lTE~
4~}{F~EAS, the Ananeim City Pla~ninc Conmission di~i receive a vcrified
Petition for Variance fron R0~3ERT '1. Ll.OY~, l~~o~~ Dale lvenuc, Spa~e 323~ Stanton,
Californfa '30630, oo-m er, and ELM[R ~1EAGHER, 1?141 HarFor fioulevard, Garden Gr~ve,
Califiornia ~2(40, agent, of certain real proper[y situated in the City of Anaheim,
County of Orange, State of Califorria described as:
LOT 10 OF TRA,CT r~o. 2;r. IN THE CITY OF A~lAHEI'1, COIIFITY OF OR1~1GE,
STATE OF CALIFORNIA~ ;S SHO~J?~ Ori q~1AP RECORDED !N BOnY, 13 PAGE
25, OF MISCELLR;JEOUS MAPS, RFCORDS ~F ORAtlGE COi~~;TY, CALIFr.q~~~q.
WHEREAS, the City Planning Commission did hoid a nuhlic hear(nq at Yhe Civic
Center in the Ciry of Anaheim on ~wgust 24, 1^~1, at 1;3~ p,n,~ notice of Sald public
hearing having been duly niven as required by law anci in accordanr_e ~•~ith the
provislons of the Anaheim r~~~i~~~~~ Ccd~, Ciiapter ,?,~j, to hear and consider
evidence for and against said proposed variarce and to investigate and nake findings
and recommendations (n connection there4~(th; an~
WHEREAS, said Commission, after due inspection, investigation and study made
bY itself and in its behalf, and after due consideration of all evidence and repc,rts
offered at said hearir~g, does fin,: 3nd determ~ne the follo~~ing facts:
1. That the petitioner proposes a waiver of the folloti,~in~ [o construct a
three-unit apartment con~plex:
SECTION 13,32,p51.OlQ - 1lintmurn buildinq site area per da1e111nn unit.
Z. 00 s uare eet requtred;
z,3 n _-auare eet pro~osed)
request fs.minimal rithaa~deviance~from4/Coderamountinnytor~l~ss ~tha~e basis L~at the
denial WOL'Id deprive subject pro ert of a 9 v~ a~~ that
properties in the same zone and viciPityY Privilege ~einG enjoyed by other
3. T:-at there are exceptional or extraordlnary circumstances or conditions
aPplicabie to the property invoived or [o the intended use of the property that do
noL aFp)y generally to the property or class of use in th~ san,e vicinity and zone,
4. Tfiat the requested variance is necessiry `or the prec~rvation and
enjoymer,[ of a substant(a! property right possessed hv other pronerty in the same
vlcini[y and zcne, and dented to the property ir, ques[io~„
5. That Chc requested variance rrill not ~e materia)1y detrimental to Lhe
public welfare or tnjurfous to the pr~party or improvements in such vic(nity and zone
fn which the pro,~erty is locate~i,
PC81-179
G. That one perso~i indicat~d her presence at sald p~hlic hearing (n
oppos(tion; and that no correspnndr_nce ~~las received in opp~sition [o the subject
petition.
E~lVIROt1HEFaTAL I""PACT FI~dDING: That the Anahcim City Plannin~ Commissi~n has
reviea~ed the proposal to construct a three-unit aoartment complax with o-~aiver of
minimum huildina site area per dwelling unit on a rectan~ularly-sh.~ned i.arcel of land
cons(sting of approximately 7,14C square feet, fiavin9 a rrontage of ap;roximately !~7
feet on the o-;est side of Claudina Street, and being locate~i approximately 367 feet
nortF of the centerllne of Vermont Avenue (cs75 South Claudina StrePt); and does
hereby approve the ~legative Declaration from the re~uiremen[ to preparc an
environmental impact report on tiie basis that Chere would he no s(gnificant
inuividual or cumulativ~ adverse environmental impaet due to t~ie anproval of tnis
N~gative Declaration since the Anaheim General Plar desinnates ehe subject ~roperty
for medium density residentlal land JSP_5 commensurate with the prooosal; that n~
sensi[ive environmental imoacts are involved in thc proposal; that the Initial SCudy
submltted by the pe:itioner indicates no significan[ tndtvtdual or cumulative
adverse environmental im~acts; and that the Neqative Declaration suhstantiatinq the
foregoing findings is on file in the City of Anaheir~ Planning ~e.r.artment.
does hereby41gr3~HERuFOP,E` r~tition ~foroVariance, upon`4theefollowinc,,conditlonsmlwhich
are hereby found to be a necessary prerequisite to t',e prn~osed use of [he subject
property in order to preserve the safety and general ~;clfare ~f the Citizens of thc
Cir;i r.f Anaheim:
1. That the o~,~ner(,) of sul-;ect property sha~ 1 pr,y r~ thF~ City of 4naheim
a fee, in an amount as de[ermined by the City Co~ncil, for str~e[ li~htir~a along
Claudina Street.
2. That the o~•rner(~1 c,f ~,,,ti; ~r _~_,
~••.•••~«. ~ C.. ~~~, .,i Ly oi~ Hnahelm
a fce, in an amount as determined 'ey c'e City^Council, yfor1,JCroe niantinq ourposes
along Claud(na Street.
3. That suhjeet property shali be served by unde~,ground utilitfes.
4. That drainage of subject property shall be disposed of in a manner
satlsfactory to the Ciiy Engineer,
>. That the oam er of subject oropcrty shail pay to the C(ty of Anaheim the
appropriate park and recreation in-lieu fees as determined to tie aopropri~te by the
City Council, sald fees to be paid at the time the building permit is issued.
o, That the owner(s) of suhject property shall pay the traff(c signai
assessment fee (Ordinance No, 3II9G) in an amount as determined by [he City Council,
for r.ach new d~.~ellin~ unit prior to thc issuance of a building perr~it.
7. That suhject property shall he Jeveloped suhstantlaliy 1n accordance
with plans and specifications rn file ~~ith t!ie C?tv of knahein r,2rF;ed Exhibit "~es. 1
Lhrougfi 3.
~. That Condition Plos, i and 2, ahove-mentioned, s.hall he c~mp~~ed with
prior tu the commencement of the activity authorized under this resolutlon, or prior
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[o the timc that the huilding p~rmit is issuc~l, or ~•iiti,in ~~ per?od of one year from
date h~reof, ~•~hir.hever occurs first, or such further time as thP Planning Commission
may yrant.
9. That Condit(on Wos. 3, 1~, and 7, above-mentioned, shall hr, complied
t+ith prior to final bui)dfny and zoninq inspr_ctions.
BE IT FURTHER RESOLVFD that the Anah~~im City Planntnq Commission does hereby
find and determine that the adoption of this P.esolutton is ex~ressly predicated upon
applicant's compliance ~-~ith each anti all of the conditions hereinabove set forth.
Should ar,y cortditlon or any part thereoP~ be declared invalid or u~enforceahl~ hy the
final judgment of any court o` conpetent jurisdiction, then this Resolution, and any
eppruvals here(n containr.d, shall i,e deeme~' null and v~i~i,
TH[ FOREGOIHG RESOLUTI0~1 is signed and aoprov~d tiy r~e this 24th day of
August, 193i,
.Gj~~ /'--~~~-
CH i ,!1A'~ PP,O TENPORE
A!L1HE1~1 CITY °L.ANtJI!J; C~N~i °g10N
ATTEST:
~ ~ ~ 1 • /~.~-l!L~-4-
"L~.1\rT,::.'~'. ,1'L'.~;:_iii ~iir NLA~lNIrIG C0~1~1155Inn
STATE OF CAL~FORNIA )
COUNTY OF Ok.~it~fE ) ss.
C ITY OF AtJAHEIPt )
I, Edith L. tiarris, Secretary of the Anaheim City Piann:no Commission, do
hereby certify that the foregoing resolution ~•ras oassed and ado~,ted at a meetfng of
the Anahcim City Planning Commission held on August 21+, 1'i;'1, at 1•3~ p.m., hy the
fol)o~•iing vote of the mernhers thr_rcof:
AYES: CON!11SSIOt~EFS. IIARP~ES, DOl!AS, FRY, HERRST, Y.!NG, T~LAP
40ES: COIiMI5SI0NERS: ~~OM~
ABSErlT: cor~MlSSIO'lERS: BUSHORE
IN WITNESS IJHE^EOF, I havc hereunto set my hand [his ~~~[!~ ~lay of .~uaust, 1~R1,
ii' .
• ~ ~~ ~ ~ /
S~CRCTARI'~ ANlINE iM C I1 Y PLANN I!J~C 1M I.SS 10.'J
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