PC 82-11.~-.
RESOUITIOPI td0, PCB7.-i l
RESOLUTIO~a QF TItF APJl111F1!1 CITY PLA'l~;INr C~M~+ISSIOtJ
TN!1T P[TITI~N F~R VAR1/1`!CF IJO. 325~F 4E c~nriTEn
WI;EREAS, the Anaheim City Planninq Commission dId receive a verified
Petitiort for V~riarice from 4JEST SFIORES DEVEL~P~IENT.. I!JC., A California
Corporation, 1~138 M. Tustfn, Suite ;1~~ Orange, Califc;nia ~2~F7, owner, PAUL
EHLINE, 33> S, Old Bridge Road, Anaheim, California 9?'~~7, anent, of certain
real property sltuated in the City of Anaheim, Co~inty of Oran~e, State of
California described as:
LOT 1 OF TRACT 85~(l, AS PER t1lIP T!~EREOF RF~f?RpFO I~J DnOK 412,
PAGES 32 TO 35 OF MISCELLAPJEOUS MAPS, IN TNE QFFICF OF TI'F
RFCQRDFR OF ORA'J~E COU'ITY.
WHEREAS, the City Planninq Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 2>, i^8?, at 1:3!1 p.m., notice of said
public hearing having heen duly given as reQUired hy la~•~ and in accordance with the
provisions of the ''.naheim Municipal Code, Chaoter 1R.~3, to hear and consider
evidence for and against said proposed variance and to inve.~tinate an~1 make findings
and recommendat~ons in connecti~n there~•~ith; satd puhlic hearina having been
continued to the Planning Commission meetinq of Fehruarv 9, 1^82; and
IJHEREAS, said Commission, after due inspection, inr•estigation and study nade
by itself and in its behalf, and after due consideration of ,311 r_videnc? and reports
offered at said hearing, does find and deterr~ine the folla,ring facts:
1. That the per.itioner pronoses a~~aiver of the followin~ to establish a
2-lot subdivision:
SECTIO!J 13.23,~61.01~~ - I•1ir,imum lot area.
2'_ ~~~0 gross anJ i^,~1~; net s, ft, required;
~~1, 75 gross and 1f,02~ net sq, t. oroposed)
2. That the above-mentioned waiver is hereby grant?d on the basis that the
petitioner demonstrated that a hardship exists due to the irrPgular shape and
downhill sloping topography of sub_ject pro~erty, and on the I~asis that the size has
been constrained by the existing curved alignment of Mohler Drive as well as an
existing storm drain bordering tlie property on the southeast, and that denial would
deprive subject property of a prtvilege enjoyed by other nrop~rties in the same zone
end vicinity.
3. That there are exceptional or extraordinary circumstances or conditions
applicable to the property invnlved or to the intende~ use of the prooerty that do
not apply generally to tlie property or class of use tn the same viclnity an~1 zone.
1+. That the requested variance is nec~ssary for the preservatton ancl
enjoyment cf a substantial property r-ght possessed by other property in the same
vtcinity and zone, and denied to the property in question.
5. That the requested variance ~•~ill not be materially detrim~ntal to the
public ~•relfare or injurious to the property or improvements in such vicinity and zone
tn ~•rhtch the property is located,
PC82-11
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~. That one person indicated his prn_sence at said puhlic hearinr tn
opposition; and that petitions containin~ apnroximate)v (2 signatures in oppositton
were received; and that petitions containing aoproximately 3n signatures In favor
were received.
E~~VIROtdMENTAL I~1P/1CT FIP~DIPJ~: The Planning Director or his authorized
representative has determined that the proposeci project fall, within the definition
of Categorical Exemptions, Class i, ~s definr_d in the State EIR 4uidelinr_s and is,
the refore, categorically exempt from the requirerent to prepare an EIR.
IJOW, THEREtQR~, BE IT RESOLVED that the Anaheim City Planninq Commisslon
does hereby grant subject Petition for Variance, upon the following conditions ~~hich
are hereby found to be a necessary prerr_quisite to *_he proposerl use of the sub.Ject
property in ordrr to preserve the safety and general i•relfare of the Citizens of the
City of Anaheim:
1, That subject property shall he SG'rVClj I)Y underqround utilities.
2. That drainagr_ of suhject nronPrty shall he disoosed of in a manner
satisf~ctory to the City Enginee.r.
3. In the ev~~t that suhject property is to he divided f~r the purpose of sale,
lease, or financing, a parcel na~, t~ rar~rd the approved dlvision of
subject property sh311 he submitted to and approved hy the Citv of .4nahefr~
and then be recorded in the offic.e of thr_ Orange County Recorder.
~~. That the ot~rner of ,uhject propr.rty shall pay to the City of Anaheim the
appropriate parl< and r~creation in-lleu fees as determirerl to be appropriate
by the City Council, said fees to be patd at thr time the butlding permit is
issued.
5. That the owner(s) of suhject property shall nay apnropriatA drai~aae
assessment fees to the City of Hnahefm as determined by the City Engineer
prior to issuance of a building permit.
6. That the owner(s) of suhject pronerty siiall pay the trafftc Signal
assessment fee (Ordinance No. 3$96) in an amount as determined by the~ City
Council, for each nt~•~ dwelling unit prior to the issuance of a building
permit.
7. That all en~tneering requirenFnts of the City of Anaheim along Mohler Drive
including preparation of inproyement plans and installatian of a~~
improvements such as curhs anci gutters~ side~aalks, street grading and
paving~ drainage facilities or other appurtenant work~ s!~all be complied
with as required by the City Enaineer anci in accordance with specffications
on file in the Office of the City Engineer; that street )ightino factlities
along ~lohler Drive shall he installed as re,~~~ired by tfie Offtce uf
Utilities General Manager, and fn accordance ~vith sper_ifications on file tn
the Office of UtilTties f;eneral !lanaqer; and/or that a bond, cPrtificate of
deposit, letter of credtt, or casli, in an amount artd form satisfactory to
the City of Anahetm shall he poste~l with tF~:_ City to guarantee the
instailation of the ahove-mentioned requirements prior lo x cupaney,
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3, ihat subjeet property shall be devclopr,d suhstantiall~i in aceordance ~~~ith
plans and specificatinns on ftle ~~ith t'~e City of Anaheim marked Exhibit
~dos. 1 through 3.
9, That Condition ilo. 7, ahove-mentioned, shall he complied arith prior to the
commencement of the activitv authortzed under this rrsolution, or prior to
the time that the building permtt is issued, or arit'~in a perTod ~f one year
from date hereof, ~•~hichever occurs first, or such further time as the
Pla~ning Commission may ~rant.
1~, That Condition Plos. 1, 2, anG °, above-mentioned, shall be complied ~•~ith
prior to final building and zoning ins~ections.
11, That anprooriate v~ater asses~^+~nt fees as detrrmined by the Office of
Utilities General Mana9er shall be pafd to the :'itv of Anaheim prior to the
issuance of a huilding permit.
BE IT FURTHER RESOLVED that the Anaheim City PlannTnq Commission does hereby
find and determine that adoption of this 'tesolution is expressly predicated upon
applicant's compliance ti~rith eacfi and ali of the cenditi_nns hereTnahove set forth.
Should any such condition, or any nart thereof, he declared invali~i or unenforceable
by the fin31 judgr~ent of any c~~irt of com~etent iurisdiction. then this Resolution,
and any approvals herein contained, shall he deemed null and void.
THE Ft1REG01P1~ RESOLUTIO'! is signed and approvr_d by me th(s 8th day of
Fehrusry, 1932,
~...e.w- ~. ~~„ _.~...~..-~-
ClIAIR'1AH, AttAI~EIM CI?Y PLAMMINr, CQMMISSION
ATTEST:
~~ ~D ~~~
SECRETARY, ANANEIM CITY PLA~JNIPtr, C0~1~11SS10~!
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Editfi L, Harris, Secretarv o` the Anaheim City PlannTng C~mmission, do
hereby certify that the foregoin9 resolution ~•~as passed and a~iopted at a meeting of
the Anahelm City Plinning Commission held on Fehruary 8, 1~3~, hy the follo~~ing vote
of the members thereof:
AYES: C~MHISSIONERS: BARNES, BOUAS, B!15H~A,~, FP,Y~ NERBST, KIF!~, MC BI!qNEY
NOES: CO!1MISS1~"1ERS: NONE
ABSEMT: COM~IISSIONERS: t~~tJE
1 ~3?..
I~! 1,IT!JE55 IJt1ERFOF, I have here~,nto set mv '~anci this 3th day of February,
/~ ~.GL~~. ~ J~~
SECRETl1R~, AMFlHEI~1 CITY PLA`I^II~I~ COM!tiSSIbN
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