PC 81-33~.
R[SOLUTIOtJ tl~. PC~1-33
A R[SOLUTIOFI OF THF ANAHE I~1 C I7Y PLl1'1111 h;G Ci1~'~11SS I ~~1
7HAT PETITION F~? V~RInIICF Hn, ;175 [?F ~P,~FIT[D, I~I P~u,T
WtiE2E.~5, the Anaheim City Plannin9 Comr~ii_sion r'id recrive a verificd
Petition for Variance fram DILt. ~. ':lEHU~!T At1D BETTY F, UEHl~~1T, ?1'i~~ !Jest lith Strcet,
Santa /1na, Caiifornia 927~j, o~•~ners ef certain re.:l prnr,ertv situated in the City of
Anaheim, County of Urange, State of California, described as:
LOT 4 IPI E3LO~K 2 OF TRACT t10. 2?1, AS SFIOti'~i 0"1 A 11AP REC~F?DED IN
DOOY. 13, PA~E ~i OF MISC[LLAtJE011S !1AR5, RFCORDS OF ORP,PIGE CQU~ITY,
CP,L I FORtI I ~,.
ldriEREAS, the City Planning Commission did hold a puhlic hearing at *_he Civic
Center in the City of Anaheim on February ~, 1~a1, at 1:3~ n.m., notice oT said
public~heari:~g having been duly given as required by l~t•; and in accordance with the
provisions of the Anaheim Mu~icipal Code, Chaoter 1".~3, to hear and consider
evidence for and against said proposed variance and to investi9~te and make findings
and recommendations in connectlon therewith; and
4fIiEREAS, said Connission, aTCer du~~ insFection, investiga[ion and study made
by i:self and in its behalf, and after due consideration of all evidcnr_e and reports
offered at said hearing, does find and determin° thc f~ilrn•~fn9 facts:
1. That the petitioner proposes ~:iaivers or the rollo:iin~ t~ construct a 4-
unit apartment complex:
A. SFf.TI(1ti 1P,~4. F~,~1? - Ninimum landcc~ped sethack.
(15 feet reyuirrd from ~ puhlic strer_*;
l~eet pro~,ose:l)
B, SECTIOtI 1°.31t.~63.020 - Minimum distance bet~•~een huildin~s.
C. SECTION 13.34,OG6,0$0 - Recuired site screeninq.
~~,screeninq or parking acilities from;
adjacent streets requtred;
none proposed)
D. SEC710N 1g.3~F,~6G.Q62 - Re uired vehicular ~ccess.
direct alley access or par~inc~ spzces required;
street access pr~posed),
2. That the ahove-me~tioned ~:raivers A., C~, and D. are 9ranted on [he
basis that the petitioner demons[rated that a nardsFip exists in that ~lenial would
deprive subject proper*_~ of a~rivil~qe eni~yed hy other ~,r~nPrtics in the same zone
ard vieinity and o~ the b<isis that the petitio~er stipu?ated to inr,tallin9 automatic
garage door openers.
3. That the ahove-mentioned lvaiver B, is her«~hy denied or the basis that
revised pl~ns w~re submitted deleti~~ the need for said ~ralver.
PCE31-33
4. That ~/arianc~~ tJo. 3175 ~~as ori9in:l lv ,i~hnitted ~roposina a 5-unit
apartment complex ~•~ith waiver~ nf min(mum landscap~d seth~cl<, ~inimum distance
br_t~•reen buildings, required site scrr_eninq and require~l vehicular access. Said
propos~l ~•~as denied hy t~~e Plannirq Cemrnissicn on Jarniary ??, ln;~, Revisea rlans
for the t~fo-story, 1~-ur,it apartmcnt c~rnie>. ~::err SuhmjtCed durin9 the twenty-two {22)
day mandatory appeal period,
5. That [here are exceptianai or er.traordicarv circumstances or conditions
applicable :n tne property in•iolvr_d or to the intended use, as granted, of the
property that do not appl~• qencrally to the property or class of use in the same
vicinity and zone,
b. That the requested variance, as grantecl, is necessary for the
preservation and enjoyment of a sul-.stantial property ri~ht possessed by other
property in the same vicinity and zone, and denicd to the or~nerty in question.
7• That the requested variance, as granted, ~~il! n~t be inaterialiy
detrimental to the public areifarc or injuriou; to thc property or improver~ents in
such vicinity and zone in ~•~hich the prooert~~ is l~c~te~1.
3, That one persen indicated `iis presence at said public hearing in
opposition; and that no correspondence aias received in ooposition to the subject
peLi~ion.
ENVIRO~dMF'JTAL I!i?ACT FItJDRJG: That t'ie Anahcim City Plaming Commission has
reviewed the proposal to construct a 4-unit apartment canplex ~•~ith o-~aivers of minimum
landscaped setback, required site screen?ng ~,n;i required vehicular access on a
rectangularly-shaped narcel of land consisting ot approxirately 72i,5 squarP feet
located at the n~rtnFaac c~rnnr ~,F v,~~.,.-a, n,-...,,.. _, ri_...,r..
~ l 1 C t, l \ a.. 1 1 L cl S l
Valeneia Avenue); ar.d does hereby anprove the tle9ative Declaration from the
requirement to prepare an environmental im~act report on the basis that there would
be no sielnificant individuai or cumulative adverse envir~nmental impact ~iue to the
approval oi this Negative Declaration since the Anaheim P,enr_ral Plan desic~nates the
subiect property for medium denstty residentiai land uses ccx~~mensuraCe ti•~ith [he
proposal; that no sensitive environmental inpacts are involved in the proposal; thdt
the Initial Study submitLed by the petitioner indicates no sictnificant individual or
curnulative adverse environmen[al impacts; and that th~ Ne~ative Ileclaration
substantiatinG the foregoing findinns is on file in the City of Anahei~n Planning
Department.
NOW, THEREFORE, fiE IT RFSOLI~ED that thc Anahein City Planninn Commission
does hereby grant, in part, suhject Petition for ~./ariance, upnn the fo11o4rtn~
condi:ions which are hereby found [o be a necessary prerequisi.e [o the proposed use
of the subject proper[y in order to preservc the ,nfety an~i g?n~ral ti~~elfare of the
Citi~~r.s of the City of Anaheim;
1. That street lightin9 r~cilities ~~innq Cl~u~iin~ Street and Valencia
rlvenue shall be installed as requiie~ by the Office or Utilities General Manager, and
in a,.cordance with specificat(ons on file in the Offtce of litilit(es ,eneral
Mananer; and/or that ~ bond, ec~rtificate of deposit, let[er of eredtt, or cash, in an
amour.[ and form satisf~ctury tn the City o` Anahein ;ha11 be poste~i with the Ctty [o
guarantee the instailation of the ahove-m~ntioned reouirem~nt. prior t~ occnpancy,
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2. That damaged and/or hazardcus sidewail;s shall be repaired along
Valencia Avenue as required by the City Engineer and in accordance with standard
plans and specifications on file in Che Office of the City Engineer.
3. That subj~ct property shall be developed substantially in accordance
'Nith pians and specifications on file with r_he City of Anaheim marked Revision No. 1
of Exhibit ~dos. 1 through 3.
4, Thdt Conditio~ No. 1, above-mentioned, shall be complied with prior to
the time that a building permit is issued, or ~~ithin a period of one (1) year from
the date hereof, whichever occurs first, or such Purther time as the Planning
Commission mav grant.
5. That Condition ~os. 2 and 3, ahove-ment~~ned, shall be complied aiith
prior to final build`ng and zoning inspections.
BE IT Ft!RTHER RESOLVED that the ~naheim City Planning Commission does hereby
find and determine that adopti~n of this Resolutior is ex,~ressly predicated upon
applicant~s compliance ~~~ith each and all of the canditions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final iudgment of any court of competent jurisdiction, then thiis Resolutior.,
and any approvals herein contained, shatl be deemed nuli and void.
THE FOREGOIt~G RESOUITIOPI is signed and approved by me thls 9th day of
February, 19i31.
ATT T•
,~/, _y~-~1/. ~'~~
CHA I~RMAN, AHAhIF I', C I TY PL.4NN I MG CaMM I SS I ON
E S .~ ~ ~~
3ECRETARYy ANAHEIM C17Y PLANPJIIJG COM~IISSION
STATE CF CALIFORtJIA )
COUNTY OF ORANGE ) ss,
CITY OF ANAHEIM )
I, Edith L. Harris, Se~retary of the Anaheim City Planning Commtssion, do
hereby certify that the foregoing resolution was pas5ed and adopted at a meeting of
the Artaheim City Planning Commisston held on February 9, 1~f31, by the following ~rote
of the members thereof:
AYES: COMMISSIONERS: BARNES, F30UAS, BUSHORF, FRY, HERBST, KIPJ~, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COFiMISSIONERS: NONE
IPd WiTNESS WNER'OF, I have hereunto set mv hand this 9th day of February,
19Qt.
~ Z~
SECRETAF,Y, P.PJAHEIM CI Y PLAM~lIPJ(; COMMISSION
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