PC 83-85RESOLUTION N0. PC83-85
A RESOLUTION OF THE ANAHEIM CITY PLAHNING CUMMISSION
THAT PETITION FOR VARIANCE N0. 3326 BE GP,ANTED, Tp7 PART
WHF.REAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from WILLZAM J. HItdSON, JR., 1243 North Brookhurst,
Anaheim, California 92802, owner, and D. KEITH FIINSON, 2301 West Lori Lar.e,
Santa Ana, California 92706, agent of certain real property situated in the
City of Anaheim, County of Orange, State of California described as:
LOT 104 OF TRACT 2659, AS PER MAP RECORDED IN BOOK 80, PAGES
5~ 6, 7 AND 8 OF MISCELLANEOUS MAPS~ IN THE OFFICB OF mH^c
COUNTY RECORDER OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at
tye Civic Center in the City of Anaheim on April 18, 1983, at 1:30 p.m.,
notice of said public hearing having been duly given as reauired by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.~3,
to hear and consider evidence for and against said proposed variance and to
investigate and make findings an~ recommendations in connection therewith; and
WHEREAS, said Commission, aftec due inspection, investigation and
study made by itself and in its belialf, 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 convert
an existing recreation building to a single-family residence:
(a) SECTION 18.26.062.020 - Maximum lot coveraae
(4Q3 permitt~d; 50~ proposed)
(b) SECTION 18.26.063.010 - Minimum front vard setback
(21 to 25 ft. required;
5-1/2 ft. proposed)
(c) SECmION 18.26.063.030 - Minimum rear vard setback
(10 feet required; 5 feet existing)
(d) SECTION 18.26.066.010 - Minimum number of aarkin spaces
(4 required; 2 propr~sed)
2. That the above-mentioned waivers (a), (b) and (c) are heceby
granted on the basis that the petitioner demonstrated that a hardship exists
in that the structu:e is existing and also on the basis that the City is
requesting a 20-foot wide dedication for street widening purposes adjacent to
the front property line on Brookhurst Street.
3. That the above-mentioned waiver (d) is hereby denied on t-he
basis that the petitioner stipulated to submitting a revised plan showing a
2-space carport and two additional on-site open spaces, as requireo by Code.
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PC83-85
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4• 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 general.ly to t:,e propecty or class of use in the
same vicinity and zone.
5. That the requested variance, as granted, is necessary for the
preservation and enjoyment of a substential Froperty right possessed by other
property in the same vicinity and zone, and denied to the property in question.
6• That the requested variance, as granted, will not be matierially
detrimental to the public welfare or injurious to the property or improvements
in such vicinity and zone in which the property is located.
~• That six persons indicated their presence at said public hearing
in opposition; and that no correspondence was received in oppositian to
subject petition.
ENVIRONMENTAL IMPACT FINDING: The Planning Director or his
authorized representative has detetmined that the proposed project falls
within the definition of Categorical Exemptions, Class 1, as ~efined in the
State EIR Guidelines and is, therefore, categorically exempt from the
requitement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petit:.on for Variance, upon the following
conditions which are hereby found to be a necessary precequisite to the
proposed use of the subject property in order to preserve the safety atid
general welfare of the Citizens of the City of Analieim:
1. That the owner of subject property shall conditionally dedicate to
the City of Anaheim a strip of land 60-feet in width from the
centprline of the stceet a)ong Brook.htzrst Stteet tor street widening
PUrposes, conditioned upon the City of Anaheim's r,eed to widen
Brookhurst Street.
2. That street lighting facilities along Brookhurst Street shal: be
installed as required by the Utilities General Manager in accordance
with specification: on file in the Office of Utilities General
Manager, and that security in the form o: a bond, certificate of
aaposit, letter of credit, or cash, in an amount and form
satisfactoty to the City of Ana}ieim, shall be posted with the City to
9uarantee the satisfactory completion of the above-mentioned
improvements. Said security shall be po~ted with the City of Anaheim
prior to approval of building permits. The above-requiced
improvements shall be installed prior to occupancy.
3. That the owner of suuject property shall pay to the City of Anaheim a
fee for tree planting purposes along Brookhurst Street in an amount
as determined by the City Council.
4. That prior to issuance of a building permit, the apprupriate traffic
~igna] aissessment fee shall be pai.d to the City of Anaheim in an
amount as determined by the City Council for each new dwelling unit .
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5. That the existing structure shall be brought up to the minimum
standards of the City of Anaheim, including the Uniform Building,
Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted
by the City of Anaheim.
6. That prior to issuance of a building permit, appro2riate pack an~
recreation in-lieu fees shall be paid to the City of Maheim in an
ameunt as decermined by the City Council.
7. That the vehicular access rights to Brookhurst Street shall be
dedicated to the City of Anaheim.
8. That subject property shall be developed substantially in accordance
with glans and specifications on file with the City of Anaheim macked
Exhibit Nos. 1 and 2, provided, howeve-, that the plans shall be
revised to include 4 on-site parking spaces which shall minimally
consist of: Taking vehicular access off the public alley at the aest
property line, and 2 open parking spaces. Said received plans shall
be reviewed and approved by the City Traffic Engineer.
9. That prior to the commencement of the activity authorized under this
resolut:on, or prior to the time that a building permit is issued, or
within a period of one year from the date of this resolution,
wh~chever occurs first, Condition Nos. 1, 3 and 7, above-meiitioned,
shall be complied with. Extensions for further time to compZete said
conditions may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
11. That prior to final building and zoning ic~spections, Condition Nos. 5
and 8, above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the Anaheim City Plannina Commission does
hereby find and determine that adoption of this Resolution 3s 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 5y the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOF.EGOING RESOLUTION is signed and approved by me ~yis 1Sth day
of April, 1983.
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CHAIRlAN~ H IM CIT~PL~G COMMISSION
A:TEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISS:ON
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~; STATE OF CALIFORNIA )
R;`~ COUNTY OF ORANGE ) s s.
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. CITY OF ANAHEIM )
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j„''I I, Edith L.
Commission, do hereb Harris, Secretary of the Anaheim City Planning
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adopted at a meeting of er
y that the foregoing resolution was passed and
the Anaheim Cit
Pl
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ann
ng Commission held on Apci2 18,
1983, by the :ollowing vote of the members there of:
..y
~y A°ES: CQMMISSIONERS:
NOES: COMMISSIONERS BOUAS, BUSHORE, FRY, HERBST, KING, MC BURNEY
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ASSENT: COMMISSIONERS: NONE
LA CLAIRE
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IN WITNESS WHEREOP, I have hereunto set my hand this 18th day oc
April, 1983.
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'~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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