PC 85-169R~;SOLUTICN t•i0. PCgS_169
A I2ESOLU7'ION OF THE ANAHEIht CTTY PLAtJNING COMMISSIOt7
THAT PET7TION FOR VARIANCE NO. 3496 BS GRANTED
WNEREAS, the Anaheim c:ity Planning Commission did receive a verified
Yetition for Variance fr.om EARL NELLESEN, 1533 West Lincoln Avenue, Anaheim,
California 92801, owner of certain real property situated in the Ci ~ of
Antiheim, County of Orange, State of California described as:
PARCEL A: THA: PORTIUN OF LOT 9 OF 'nNAHEIM EXTENSZON"~ IN
TNE CITY OF ANAhEIM, AS SH041N ON A MAP OF SUR~~EY Dy WZLLIAp1
HAMEL AND FI:,EU IN THE UFFICE OF' THE RECORllER OF LOS ANGELES
COUN1'y, CALIFOHt7TA, DESCkIBED AS FOLLOWS:
COMi•IENCING AT TH6 uOUTHEAST CORNER O~ LOT 9 OF ANAHEIM
EXTENSIUN AS SHOWN ON A b1AP OF 'TRACT' 1770' ~ AS SHOWN ON A
MAP RE:CORDED IN BUOF; 59, PAGES 7 TO 10 INCLUSIVE~ OF
MISCELLANnJUg D1APS, RECORDS OF ORANCE COUNTY, CALIFORNIA;
THENCE SOUTH 74' 31' 15" WEST 211.79 FEET TO THE uOUTHWEST
CORNER OF THE EAST 4 ACRES OF THE SOUTH HALF OF THE EAST HALF
OF SAID LOT 9, SAID POINT BEING THE TRUE POZNi OF BEGINNI[4G;
THENCE NORTH 15° 16' 44' WEST 260.00 FEET ALONG THE WEST LINE
OF Tf1E EAST 4 ACRES OF TNE SOUTki HAI.F np THE EAST 6ALF OY
SAID LGT 9, AS uHOWN ON A MAP OF SAID TRACT I770 TO THE
SUUTHEAST CORNER QF LJT "A" OF SAID TRACT NO. 1770; THENCE
SOUTh 74° jl' 15' WEST 134.42 FEET ALONG THE SOUTHERLY LZNE
UF SAID L07' 'A' TO THE EASTERLY LINE OF LOT 144 UF' SAID TRACT
N0. 1770, THEYCE SUUTH 15° 28' 13" 6ASS 260.00 FEET ALONG
:,AID EASTERLY LINE AND ALONG Tli~ WEST LZNE OF THE EAST 137.00
FEET OF THE 41~ST 6 ACRES OF THE SQUTH HALF OF THE EAST HALF
OF SAID LOT 9 AS SHOWN ON SAID MAP OF TRACT N0. 1770~ TO THE
SUUTGERLY LINE UF SAIL LOT 9; THENCE NORTH 74° 31' 15' EAST
133.55 FEET TO THE TRUE: PpINT OF BECINNING.
PARCEL B: LOT "A' OF TRACT N0. 1770, IN THE CITY OF ANAHEIl1~
AS SHOWN ON A MAP kECORDED IN BOOK 59, PAGE(S) 7 TO IO
INCLUSiVE, OF MISCEILANEOUS bIAPS, IN THE OFFICE OC THE COUNTY
RECORDER OF SAID CGUNTY.
WHEREAS, the City Planning Commissio~ did hold a public hearing at
the Civir. Center in the City of AnahEim on ,7uly 8, 1985, at 1:30 p.m., notice
of said ~ublic hearing having been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed variance and to
investigate and make findings and recommendations in connection ttierewith; and
WHEREAS, said Commission, after due inspection, 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
following facts:
0572r
PC85-169
1. That the petitioner proposes waivers of the follo~~ing to
establish a three (3) 1ot RS-7200 single-family subdivision:
(a) SECTION 18.26.061.010 - F]inimum lot area.
(7200 square feet per lot required;
6710 sq. ft. for Lot Nos. 2 and 3
proposed)
(b) SECTION 1A.26.061.020 - Minimum lot width and fronta e.
(70 feet required; 67 feet for
Lot No~. 2& 3 proposed)
2. That the above-mentioned waivecs are heceby granted on the
basis tha~ the request is minimal, amounting to a~eviance of less than 78
Erom the required lot acea and less than 58 from the required lot width and
frontage.
3. Tt~at there are exceptional or extraordinary circumstances or
conditions applicable to the pcoperty involved or to the intended use of the
property that do not apply generall;• to the property ~r cla~s of use in the
same vicinity and zone.
4. T:iat ti~e requested variar~ce is necessazy for the preservation
and enjoyment of a substantia.l property right possessed by other property in
the same vicinity and zone, and denied to the prope*ty in question.
5. That the reguested variance will not be materiatly detrimental
to the public weifare or injurious to the property or improvements in such
vicinity and zone in which the property is located.
6. That one nerson indicated her presence at said public heacing
in opposition; and that no correspondence was received in opposition to
subject petition.
ENVIRONPIENTAL IMPACT FZNDII4G: That the Anaheim Ci.ty Planning
Commission has revie~~ed ~he proposal to reclassify subject proper.ty from the
RS-A-43,000 (Recidential, Single-Family) Zone to the RS-7200 (Residential,
SinyTe-iumily) cune co estab:lish a three (3) lot RS-7200 single-family
subdivision with waivers of minimum 1ot area and minimum lot width and
frontage on a rectangularly-shaped parcel of land consisting of approximately
0.72 acre, having approximate frontages of 134 feet on the south side oE
Willow Street and 134 feet on the north side of Sant~ Ana Street, and being
located approximately 350 feet east of the centerline of Bond Street; and does
hereby apptove the Negative Declaration upon finding that it has considered
the Ne9ative Declaration together with any comments received during the public
review process and furCt~er finding on the ;:~asis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Variance, upon the following
conditic+ns which are hereby found to be a necessary prerequisite to the
pcoposea use of the subject property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
-Z- PC85-169
1. That prior to issuance of a building permit, appropriate park and
recreation in-lieu fees shall be paid to the City of Anaheim in an
amount as determined by the City Council.
2, That prior to issuance of a~uilding permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
amount as determined b~~ the City Council for each new dwelling unit.
3. That subject property shall be served by underground utiliCies.
4. That a parcel map to re~:ord the approved subdivision of subject
property shalA be submitted to and approved by the City of Anaheim
and then be recorded in the Office of the Orange County Recorder.
5. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineec.
6. That prioz to commencement of structural fcaming, Eire hydrants
shall be instal.ted and charged as required and determined to be
necessary by the Chief of the Fire Department.
7, That all driveways shall be constructed to accomr.iodate ten (10) foot
radius curb returns as required by the City Traffic Engineer.
8. That all air conditioning facilities shall be properly shielded from
view and the sound buffered from adjacent residential properties.
9. That this variance is granted subject to the adoption of the Zoning
Ordinance in connection wil-h Reclassificatian tdo. 84-85-41, now
pendiny.
10. That subject property shall be devetoped substantially in accordance
with plans and specifications on file with the City of Anaheim
marlced Exhibit Nos. 1 through 3,
11. That prior to issuance of a building permit, or within a period of
one year from l-he date of this resolution, whichever occurs first,
Condition i~os. 1, 2, 4, anu 9, aLove-menLiuneu, si~al: ue complied
with. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
12. That prior to Final building and zoning inspections, Condition Nos.
3, 5, 7, 8 and 10, above-mentioned, shall be complied wikh,
gE IT FORTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is express.ly
pcedicated 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 by the final judgment of any court of
competent jurisdiccion, then this Resolution, and any approvals herein
con*.ained, shall be deemed null and void.
-3- PC85-169
~'•. F+~,
THE FOREGOING RESOLUTION is signed and approv,ed..-by-•me this 8th day
of July~ 1985. /
~ , L
.~c. . /~- v
_G~HA RMAN~ ANAHEIM CITY PLAI~NING COMt4ISSZON
ATTEST: _.~e's~'-^- •
~'
SI:CRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
z, Edirh 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 July S,
1985, by the following vote of the mambers thereof:
nYES: COPIMISSIONERS: BOUAS, BUS[iORE~ FRY, HERBS'P~ KING~ LA CLAIRE,
F1C BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONL•'
IN WITNESS WHEREO[', I have hereunto set my hand this Bth day of
July, 1985. Q
~, ar.crc.~La.~ " " i"~"~-~- "`-=-~-
SECRETA Y~ ANAHEIM CITY PT,A::N1NG COMMISSION
-g- PC85-169