PC 85-10RESOLUTION N0. PC85-10
A RE:IOLUTION OF THE ANAHEIb? CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0. 3947 BE GFANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from FLORENCE E. HEFFREN/FLORF.NCE E. MITCHELL, 6~6 North
West Street, Anaheim, California 92801, owner, and JAi?5S J. 3RENNAN, 191 South
Orange Street, Orange, Califoznia 92666, aror.t °ce certain real property
situated in the City of Anaheim, County of OranyC, State of California
described as:
°RUPOSED PARCF.L 14AP N0. 84-245, BEING A SUBDIVISION OF LOT 9
OF TRACT N0. 1942~ AS SHOWN ON A MAP RECORDED IN BOOK 54,
PAGES 26 AND 27 OF PfISCELLANEOUS MAPS, RECORDS UF ORANGE
COUNTY~ CALIFORNTA.
EXCEPT TNE EASTERLY 91.64 FEET OF THE NORTHERLY 135 FEET OF
LOT 9.
ALSO EXCEPT THE ERSTERLY 40 FEET OP THE SOUTHERLY 105 FEET OF
LOT 9.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on January 7, 1985, at 1:30 p.m.,
notice of said public hearing having been duly given as required by law and in
accordance with the provisions of Lhe nnaheim Municipal Code, Chapter 18.03,
to hear and considec evidence for and against said proposed variance and to
investigate and make findings and recommendations in connection therewith; and
WHE~EAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and aFter due consideration of all
evidence and reports cffered at said hearing, do~as finc ancl determine ~:~e
following facts:
1. That L-he petitioner proposes waivec of the following to
establ.ish a 4-lot, RS-10,000 sinale-family suhdivision:
SECTICN 18.25.061.020 - Minimum lot width and frontage.
(90 feet required; 20 feet proposE~ for
one lot)
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2. That the above-mentioned waiver is hereby granted on the basis
that there are sp~:cial circumstances applicable to the prope~ty such as size,
shape, topography, location and surroundings wi:ich do not apply to other
identically zoned property in the same vicinity; ,~nd that strict application
of the Zoning Code deprives t-he property of p:ivileges enjoyed by other
properties in the identical zone and classificatior~ in the 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 genera.lly to the property or class of ~ise in the
same vicinity and zone.
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PC85-10
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4• That the requested variance is necessary for the preservation
and enjoyment of a substantial property right possessed by other property in
the sanie vicinity and zone, and denied to the property in question.
5• Thal- the requested variance will not be materially detrimental
to thr public welfare or injurious to the property or improvements in such
vicini~y and zone in which the property is located.
6• ihat four persons indicated their presence at said public
hearing in opposition; and rhat no correspon~ence was received in opposition
to subject: petition.
ENVIRONMENTAL IFIPACT 6~INDING: That the Anaheim City Planning
Commission has reviewed the proposal to establish a 4-iot, RS-10,000
single-family subdivision with waiver of minimum lot width and frontage on a
rectangularly-shaped parcei of land consisting of approximately 1.38 acres
located at the northeast corner oE Pioneer Drive and West Street, and further
described as 626 North 4~est Street; and does hereby approv? the Negati.ve
Declaration upon E:inding that it has considered the Negative Declaratior.
together with any comments received during the public review process and
further finding on the basis of the initial study and any comm?nts received
that there is no substantial evidence that the project will have a significant
effect on the environment.
NOW, THEREFORE, BE IT RESOLVED L-hat Lhe Anaheim City Planning
Commisaion does hereby grant subject Petition for Variance, upon the following
conditions which are hereby tound 'co be a necessary prerequisite to the
proposed use of the subject property in order to preserve the safety and
general. welfare of the Citizens of tl~e City of Anaheim:
1. That Ehe owner of subject propcrty shall pay to the City of Anaheim
a fee for tree planting purposes along West Street and Pioneer Drive
in an amount as determined by the City Cout,cil.
Z. That appropriate park and recreation in-lieu fees fot each lot shall
; be paid to the City of Anaheim in an amour.t as determined by the
' City Council.
j 3. That pcior to issuance uf a building permit, tlie a
~ si nal assessr~~ent fee shall be Ppr~Priate traEfic
g paid to the City of Anaheim in an
~ amount as determined by the City Council for each new dwelling unit.
', 4. That sidewalks shall be inst~lled along Pioneer Drive as required by
~ the City Engineer and in accordance with standard plans and
inethel form oP an bo de e tifi~cate of d p sit,t 1 tn er of •credit, lor
cash, in an a;nount and form satisfactory to the City of Anahpim,
shall be posted with the City to guarantee the satisfactor
completion of said improvements, y
Said se
the Cit curity sha1Z be posted with
y p::ior to final parcel map approval to
installation of the above-re ui 9uarantee L•he
q red im ruve
P ments prior to occupancy.
5. That drainage of subject property shall be disposed of in a manner
saticEactory to Y.he City Engineer.
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6. That subject property shall be served by underground utilities.
i. That a parcel map to record the approved divisicn of subjeck
pcoperty shall be submitted to and approved by the City of Anaheim
and then be recorded in the Office of the Oranqe County Recorder.
8. That uccess to Lol- No. 4 shall be from Pioneer Drive only.
Vehicular access rights to West Street for said lot shall be
dedicated Lo the City of Anaheim.
9. TFat subject property shall be developed substantially iti accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit t•lo. 1.
10. That the development of each parcel shal]. be limited to one
sing]e-f.amily residential dwell.ing not exceeding one story in
height, and t5at Ua~~ rastriction shall be shown on and recorded
concurrently with ttie paccel map.
1.1. That prior to Einal parcel map approval, the requirements ~ct Eorth
in Condition Nos. 1, 2, 4, 8, 9 and 10 shall be set forth on tt,c:
face oE the final map in a form satisfactory to the City Engineer.
BE IT FURTHER RESOLVED that th? ?incheim City Planning Co;nmis~ion
does hereby find and determine Lhat ado~tion of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabove sel forth. Should any such condition, or any part thereof, be
declzred ir•ialid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, sha1J. be decmed nuli and void.
THE FOREGOING RESOLUTION is signed and approved by me this 7th day
of January, 1985.
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-C~IAIRMAN~'ANAHEIM`~iTY 'ri,ANt7ING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COAIMISS.LON
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STATE OF CALIPORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIPI 1
i, Edith L. Hatris, Se-~retary of the Anaheim City Planning
Commission, du hereby certify that the Eoregoing cesolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on January 7,
1985, by the following vote or" the membecs thereof:
AYES: COb1t4ISSI0NERS: BOUASe FRY, HERBST~ KING, LA CLAIRE~
NOES: COMPIISSIONERS: hUSHORE, MC BURNEY
ABSENT: COMMISSIONERS: NONE
IN WZTNESS WFIER°OF, l have hereunzo set my hand this 7th day of
January, 1985.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC85-10
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