PC 83-3.~.
RESOLUTION NO. PC83-3
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
TfIAT PETITION FOR VARIANCE NO. 3307 BE GRANTcD
WH~REAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from RAYMOND M. MASCZEL, ET AL., 1127 West North Street,
Anaheim, Cal=fornia 928U1, owner, and GARY MASCIEL, 420 Soiith Euclid Street,
Anahei:n, California 92t302, agent, of certain real property situated in the
City of P.naheim, County of Orange, State of California described as:
PARCEL 1: THAT PORTION OF LOT 27 of "ANAHEIM EXTENSION",
AS SHOWN O^I A MAP BY WILLIAM He~MEL IN 1868 AND FILED IN THE
OFFICE OF THE COUNTY RECORDER OF i.OS ANGELES COUNTY,
CALIFORNIA DESCRIBED A3 FOLLOWS: BEGINNING AT A POINT IN
THE CENTER LINE OF VERMONT AVENUE DISTANT TFIEREON 762.09
FEET NORTHEASTERLY FROM I'iS INTERSECTIO:IS [$ITH THE CENTER
LINE OF PALM STREET, AS SHOIJN ON A MAP FZLED IN BOOK 11
PAGE 44 Oc RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY
RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE CO'JNTY, CALIFORNIA; THENCE SOUTfi 14° 26' 00" EAST
ALONG THE E1)STERLY LINE OF LAND DESCRIBED IN CERTIFICATE OL•'
TITLE NO. 7725 AND ZTS NORTHERLY PROLONGATIO*I11 DZSTANCE Ob'
i57.00 FEET; THENCE SOUTH 75° 28' 00" WEST q0.00 FEET;
THENCE NORTH 14° 26' 00" WEST 157.00 FEET ALONG THE
's'ASTERLY LINE OF LAND DESCRIBED IN CERTIFICHTE OF TITT,E NO.
13,618 AND ITS SOUTHERLY PROLONGATION TO THE CENTER LINE OF
SAID ~7ERMONT AVE;NUE; THENCE NORTHERLY 75° 28' 00" EAST
40.00 FE~T TO THE POINT OF BEGSNNING.
WHEREAS, thn, City Planning Commission did hold a public hearing at
the City Hall in the c`it7 of Anaheim on Nnvember 15, 1982, at 1:30 p.m.,
notice oz said public hearing having been duly given as required by law and in
accordance with the 7rnvision:; of the Anaheim M~nicipa'1 Code, Chapter 18.03,
to hear and consider evidence for and agatnst said proposed variance and to
investigate and make findings and recortm~endations in connection therewith;
said public hearing having been continued to the Pla7ining Coinmission meeting
of Januarp• ln, 1983; and
WHEREAS, 3aid Commission, after due inspection, investiqation 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 a 2-unit apartment complex:
(a) SECTION 18.34.063.01~ - Maximum structural height
(1-story within 150 feet of single-
family residential zoning permitted;
2--stories pL~posed 4-11 ft. from said
zoning)
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PC83-3
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(b) SECTION Z8.34.063.011 - Minimum '_andscaped setback
f~i SECTION 28.34.066 - Permitted type of parking spaces
(d) SECTZON 18.34.066.050 - Required screening of parking
facilities (screening of pazking
areas adjacent to Vermont Avenue
required; no site screening proposed)
2. That the a'~ove-mentioned .raivers (a) and (d) are hereby granted
on the basis that the petitioner demonstrated that a hardship exists in that
subject property is a legally nonconforming lot which is unusually narrow.
3. That the above-mentioned waivers (b) and (c) are hereby denied
on the ba~ia that said wa.ivers were deleted by r.evised plans submitted by the
petitionPr.
4. That there are exceptional or extraordinary circumstances or
conditions applicable to the pzoperty 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.
5. That the requested variance is necessary foi the preservation
and enjoyment of a substantial property right possessed by other property in
the same vicin?ty and zone, and denied to the property in question.
5. That the rec*uested variance will not be materially detrimental
to the public welfare or injurious to the property or improvements in such
vicinity and zone in which tr,e property is located.
7. That one per~~n indicated ti~e.ir presence at said public hearing
in opposition; and that no correspondence was received in opoosition to
subject petition.
ENVIRONMENTAL II~ACT FZNDING: That the Anaheim City Planning
Coaunission has reviewed the proposa2 to reclassify subject property from
RS-A-43,000 (Residential/Agricultura:) to RiR-1200 (Residential,
Multiple-Family) to construct a 2-unit apartment complex with waivers of
maximum structuzal height and required screeninq of parking facilities on a
rectanqularly-shaped parcel of land consisting of approximately 4,960 square
feet, having a frontage of approximately 4~ feet on the south side of Vermont
Avenue, and further described as 304 West Vermont Avenue; and does hereby
approve the Negative Declaration from the requirement to prep~re an
environmental impact report on the basis that there would be no significant
individual ~r cumulative adverse environmental impact due to the approval of
this Negative Declaration since the Anaheim General Plan designates the
subject property for medium-density residential land uses commensuratP with
the proposalt that no sensikive environmental impacts are involved in the
proposal; that the Initial Study subcaitted 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 Planninq r,epartment.
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NOW, THEREFORE, SE IT RF,SJLVFO t::at the Anaheim City Planning
Commission does heraby qrant suUject Petition for Variance, upon the following
conditions which are herehy found to be a necessary prerequisite to the
proposed use of the subject ~roperty 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 comp].etion of
Reclassification No. 82-83-10, now pending.
2. That subject property shall be developed substantially in
accordance with plans and specification~ on file with the City
of Anaheim marked Revision No 2 of Exhibit Nos. 1 and 2;
provided, however, that a six-foot high block wall shall be
constructed along the easterly property line from the south
property line northerly to a point located 20 feet from the
north property line (the landscaped area).
3. That Condition No. 2, above-me;~tio:ied, shall be complied with
prior to final building and zoning inspections.
HE IT FURTHER RESOLVED that the Anaheim City Planning ~'ommission
does hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant`s compliance with each and a11 of the conditions
hereinabove set forth. Should any such condition, or any part th~•reof, 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.
THE FOREGOING RESOLL'TION is signed and approved by me this lOth day
of January, 1983.
~~'~~~C°,~~-
CA~ RMF1N, ANAHEIM CIT .T..ANNING COMMISSION
ATTEST:
)°,0~.,~G ,C~ "~/~~
SECRETAR , ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, E3ith 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 January
10, 1983, by the followinq vote of the members there of:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, LA CLAIRE,
MC BURNEY
NOES: COMMISSIONERi: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS ~~EIEREOF, I have hereunto set my hand this lOth day of
January, 1983.
~,Qct~ ,~° '~a.~.~...,
SECRETAR , ANAHEIM CITY FLANNING COMMISSION
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