PC 81-234RESOLUTION NO. PC81 -234
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3239 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from MAGNOLIA BAPTIST CHURCH OF ANAHEIM, 720 South Magnolia
Avenue, Anaheim, California 92804, owner, and MARGE KATO, c/o SABER REALTY, 800 South
Brookhurst Street, Anaheim, California 92804, agent, of certain real property
situated in the City of Anaheim, County of Orange, State of California described as:
The North 100 feet of the South 493.32 feet of the East half of
the West half of the Northwest quarter of the Southwest quarter of
Section 18, in Township 4 South Range 10 west, in the Rancho Los
Coyotes, as shown on a Map thereof recorded in Book 51, page 7, et
seq., Miscellaneous Maps, records of said Orange County.
EXCEPTING THEREFROM the East 30 feet thereof.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 2, 1981, at 1:30 p.m., notice of said
public hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the petitioner proposes waivers of the following to construct an
18 -unit apartment complex:
(a) SECTION 18.34.062.012 - Maximum building height.
(One story permitted within 150 feet
of single- family zoned property;
two stories proposed)
(b) SECTION 18.34.065.011 - Minimum distance between buildings.
(46 feet required;
25 feet proposed)
2. That the above - mentioned waivers are hereby granted on the basis that
the petitioner demonstrated that a hardship exists in that denial would deprive
subject property of a privilege enjoyed by other properties in the same zone and
vicinity.
3. That there are exceptional or extraordinary circumstances or conditions
applicable 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.
PC81 -234
4. That the requested variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same
vicinity and zone, and denied to the property in question.
5. That the requested variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone
in which the property is located.
6. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to reclassify subject property from the RS -A- 43,000
(RESIDENTIAL /AGRICULTURAL) ZONE to the RM -1200 (RESIDENTIAL, MULTIPLE- FAMILY) ZONE to
construct an 18 -unit apartment complex with waivers of maximum building height and
minimum distance between buildings on a rectangularly- shaped parcel of land
consisting of approximately 0.6 acre, having a frontage of approximately 100 feet on
the west side of Velare Street (705 South Velare Street); and does hereby approve the
Negative Declaration from the requirement to prepare an environmental impact report
on the basis that there would be no significant individual or cumulative adverse
environmental impact due to the approval of this Negative Declaration since the
Anaheim General Plan designates the subject property for low medium residential land
uses commensurate with the proposal; that no sensitive environmental impacts are
involved in the proposal; that the Initial Study submitted by the petitioner
indicates no significant individual or cumulative adverse environmental impacts; and
that the Negative Declaration substantiating the foregoing findings is on file in the
City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject
property in order to preserve the safety and general welfare of the Citizens of the
City of Anaheim:
1. That this Variance is granted subject to the completion of
Reclassification No. 81 -82 -8, now pending.
2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
through 7; provided, however, that the slope of the driveway from the subterrean
parking area shall be approved by the Traffic Engineer.
3. That Condition No. 2, above- mentioned, shall be complied with prior to
final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
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THE FOREGOING RESOLUTION is signed and approved by me this 2nd day of
November, 1931.
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on November 2, 1931, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of November,
1981.
/tea a
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
FA '-
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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Pc81 -234