PC 85-103RESOLUTION NO. PC85-103
A RESULUTION OP TNE ANAHEIM CITX 2iANNING COMMISSION
TF1AT PETITION FOR VARIANCE N0. 3475 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petit.ion for V4riance from PiARK CROSS AND SUE AtdN CROSS, 599 Paseo de Luna,
Anaheim, California 92807, owners, and SALKIN ENGINEERING CORPORATZON, ATTN:
GEORGE E. KERNS, 1215 East Chapman Avenue, Orange, CaliEornia 92666, agent for
certain real property situated in the City of A~aheim, County of Orange, State
of California described as:
LOT 30 OF TRACT 8455, IN THE CITY OF ANAHEIM, ~OUNTY OF
ORANGE, STATE OF CALIFORNIA~ AS PER MAP RECORDEll IN BOOK 356~
PAGE(S) 27 TO 29, INCLUSIVE OF PIISCELLANEOUS htAPS~ IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WFIEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on P.pril 15, 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 the Anaheim t•:unicipal Code, Chapter 18,03,
to heac and consider evidence foz and against said proposed variance ar.d to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due i.nspection, investigation 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
foliowing facts:
1. That the petitioner proposes waiver o£ the following to
establish a two (2) lot, RS-5000(SC) single-family subdicision:
SECTION 18.27.061.U'11 - Minimum buildina site width for cul-de-sac lot .
(45 feet per lot required; '?5 feet proppsed
for Pa[cel. 2)
2. That the above-mentioned waiver is hereby granted on the basis there
are special circumstances applicable to the property such as size, shape,
topography, location and surroundings which do not apply to other identically zoned
property in the same vicinity; and that strict application of the Zoning Code
depcives the property of privileges enjoyed by other properties in the identical
zone and classification in the vicinity.
3. That there are exceptional or extraordinary circumstances or
conditions a~plicable 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 uecessary for the preservation and
enjoyment of a substantial pcop~rty right possessed by other property in the same
vicinity and zone, and denied to the property in question.
~0502r PC85-103
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~• That the requested variance will not be materially detrimental to
the public welfare or injurious to the property or improvements in such vicinity
and zone in which the propecty i,s located.
6• That no une indicated their presence at said public hearing i^
opposition; and that no correspondence ,,,,s received in oppositiun to subject
petition.
ENVIRONFIENTAL IPiPACT FINDI~IG: That the Anaheim City Planning Commission
ha.s rz,~iewed the proposal to establish a two (2) lot, RS-500U(SC) (Residential,
Single-Yamily Sc?nic Corridor Overlay) Zone subciivision with waiver of minimum
buildir.g site width for cul de szc lots on an irregulariy-shaped parcel of land
consisting of approximately 1.46 acres, located at the southerly terminus of Paseo
de Luna, and further described as 599 Pase de Luna; and does hereby approve the
Negative Declaration upon finding that it has considered the Negative Declaration
together with any comments received during the public review process and further
finding on the basis of the initial study and any comments received Chat there is
no suustantial evidence that the project wi11 have a significant effect on the
environment.
NOW, THEREFORE, BE IT RESOLVED that the AnaSeim City Planning Commission
does hereby grant subject Petition for Variance, upon the following conditions
which are hereby foun orderbtoa necessary prerequisite to the proposed ~sse of the
subject propert
Citizens of the City oi Anaheim: p~ESer•;e the safety and ~eneral w>lfare of the
1. That appropriate park and recreation in-lieu fees for the new additional
lot shall be paid to the City of Anaheim in an amount as determined by
the City Councile
2. That ~rior to issuance of a building permit, the appropciate traffic
signal assessment fee shall be paid to the City of Anah.im in an amount
as determined by the City Council for a new dwelling unit.
3. That drainage ef_ ~ubje~~ ~cu~,ercy shall be disposed of in a manner
sati~factory to the City Engineer.
4. That subject property shall be served by underground utilities
5. That prior to issuance of a bu±lding permit, a parcel map to record the
approved division oF subject property shall be submitted to and approved
by the City of Anaheim and then be recorded in the Office of the Orange
County Recorder.
6. That subject ~ropert}• shall be developed substantially in accordance with ~
plans and specifications on file with the City of Anaheim marked Exhibit '
Nos. 1 and 2.
7. That fire sprink.lers shall be installed as required by the City Fire
Marshall for the dwelling unit to be constructed on Parcel No. 2,
8• That prior to approval of a final parcel map or within a period of one
year from the d~te of this resolution, whichever occurs first, Condition
Nos. 1 and 5, above-mentioned shall be complied with. Extensions for
, withhSection 18~03 0901 f thelAnahe ml M nicipal ode9ranted in accordance
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PC85-103
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BE IT FURTFIER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption oE this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabnve set forth. Should any suct~ condition, or any part thereof, be
declared invalid ot unenforceable by the final judgmEnt oE any court of
conpetent jurisdiction, then this Resolution, and any approvals herein
contained, shall ~e deemed null and void.
THE FOREGOING RESOLUTIOt7 is signed and approved by me this 15th day
of Apzil, 1985. _
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HAIR IAN~ qN~1FIE M CZTY PLANNING COMMISSION
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SECRETARY~ RNAEiEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
CUUNTY OF ORANGE ) ss.
CITY OF e1NAHF.IM )
I, Edith L. Harris, Secr.etary of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution waa passed and
adopted at a meeting of the Anaheim City Planning Commission held on April 15,
1985, by the following vote of the members thereof:
AYES: COMbIISSIONERS: BOUAS, FRY~ HERf3ST, KING~ PiC BURNEY
NO~;S: COMFIISSIONERS: BUSHGRE
A9SENT: COMMISSIONERS: LA CLAIRE
IN WITNESS WHEREOI', I have hereunto set my hand thiG 15th day c_
~.~ril, 190~. ~
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SECRETARY, ANAHEIM CITY PLANNING COMDIISSION
~3 PC85-103