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PC 82-90~ESO~uTior~ r~o. r~c 3z-9o Fl r,cso~urior~ oF rrie n;IAFIEIM CITY PLAP1NIflG C011MISS(ON TIIAT P[TITION FOR UFlRIANCE FlO, 3275 C~E GPJINTED YlHERE/15, the Anaheim City Planning Commission did receive a verified Peti tion for Variance from RUSSEL 0. ROQUET, 42 Ocean Avenue, Cayucos, California 93430, owner, and AMACAL EMGINEeRING C0~4PAP1Y, 222 East Old Lincoln Avenue, Anaheim, Cal i fornia 92803, agent, of certain real property s i t~~ated in the City of Anaheim, County of Orange, State of California described as: LOTS 1, 2, 3, 4 APJD 5 OF' TRACT ~JO. 3089, l1S SHOWPI ON THE P1APS RECOP,DED II•J (300l; 121, PAGES 2a A~~D 29 OF MISCELLFlNEOUS ?1APS, RECORDS OF ORA~GE COUPITY, CAU FOR~I IA. blHc'REAS, the Ci ty Pianning Commission did hold a pub) ic hearing at the Ci ty Hall in the City of Anaheim on hlay 17, 19$2, at 1:30 p.m., notice of said pubiic hearing having been duly given as required by law and in accordance with the provisions of the Anaheim hiunicipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendatio~s in connection therewith; and 4/11EREAS, said Comnission, after due inspection, investigation and study made by itself and in its behalf, and afYer due consideration of all evidence and reports offered at said hearing, does find and determine the follo~aing fatts: 1. That the petitioner proposes a waiver of the following to estab)ish a 10-lot, 10-building RM-1200 zone subdivision: SECTIO~J 13.34.061.020 - ~tinimum buildin siie a~idth 70 feet requi red; E~,,~3; and 64 feet proposed) 2• That the above-mentioned araiver is hereby granted on the basis that the petitioner derronstrated that a hardship e:cists in that denial would deprive subjact 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. 4• That the requested variance is ~ecessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicini ty and zone, and denied to the property in Guestion. 5. That the requested variance a~i 11 not be material ly detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. ~• That one person indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. PC82-90 EPIVIP,O~JME~~TAL It1PACT FINDIPIG: That the Anaheim City Planning Commission has revie~red the proposal to establish a 10-lot, 10-building RP1-1200 zone subdivision with waiver of minimum building site width on a rectanaularly-shaped parcel of land consisting of approximately 1.7 acres located at the southv~est corner of Romneya Drive and Eiaxter 5treet (155II-1b32 East Formeya Drive); and does hereby approve the tlegati~ne Declaration from the requirement to prepare an environmental irrpact report on the basis that there ~•~ould be no significant individual or cumulative adverse environrrental impact due to the ~pproval of this PJegative Declaration since the Anaheim General Plan designat~s the subject property for lo~~-medium density 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 irrpacts; and that `_he ilegative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. N04/, THEREFOftE, BE IT RESOLVED ttiat the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessa ry prerequisite to the proposed use of the subject prope rty in order to preserve the safety and general welfare of the Citiznna of the City of /lnaheim: 1. That the ovmer(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along Rormeya Drive. 2. That subject property sha)1 be developed substantially in accordance with plans and specifications on file with the City of llnaheim marked Exhibit Nos. 1 and 2. 3. That Condition Wos. 1, above-mentioned, shall be complied with prior to the comnencerrent of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, aihiche~,er occurs first, or such further tirre as the Planning Comnission may grant. 4. That Condition No. 2, above-mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RF.SOLVED that the Anaheim City Planning Commission does hereby find and determine that the adoption of this Resolution is expressiy predicated upon applicant's compliance ~rith each and all of the conditions hereinabove set forth. Should any condition or any part thereof, be declared invalici or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contai~ed, shall be deemed null and void, TtIE FOREGOItJG R[SOLUTIO~ is signed and approved by me this 17th rlay of t•tay, 1~82. _ i~G~ ATTEST: ~f I P1AP! PRO TEMPORE AP~AHEIM CITY PLANNIP~G COHMI SION CX.C.L'~ ~ G~l.-~it.c.ty SECRETARY, ANAHEIM CITY PLANNING COMMISSlON -2- Pc82-9o STATE OF CALIFOP.NIA ) COUNTY OF OftANGE ) ss. C ~ 7Y 0 F AN Ali E I t1 ) I, Edith L. fiarris, Secretary of the rlnaheim City Planning Commissi~n, do hereby certify that the foregoing resoluti~n was passed and adopted at a meeting of the Anaheim City Planning Cortvnission held on tlay 17, 1982, at 1:3~ p.m., by the following w te of the members thereof: AYES: GOMPIISSIOPlERS: BARtdES, BOUAS, FP,Y, HERBST, KI"IG, 11C BURNEY NOES: COt4111SSI0NERS: IJONE ABSEt7T: COt4t11SSI0FJERS: BUSHORE It! 4lITNESS WFIEREOF, I have hereunto set my hand this 17th day of May, 1982. Q1~d ,1° ~~a.u~:.- SECPETAP.Y, AtdAHEIM CITY PLANWIPJC, COMh11SSIDiI -3- PC82-9o _ ,,..~:,:;~^