PC 85-171RESOLUTION NO. PC85-171
A RESOLUTION OF THE ANAHEIM CITY PL~NNING COMMISSION
THAT PETITZON FOR VARIANCE NO. 3495 BE LENIED
WHEREAS, the Anaheim Cit.y Planning Commission did receive a ver.ified
Petition for Variance from ROGER R. DITTFIANN, 1270 East La Palma Avenue,
Anaheim, California 92805, owner, and YOLDASH DEVELOPMEP~T, ATTN: MOHAMMAD
REZA'LADEH, 4341 East Chapman A~enue, #214, Orange, California 92669, agent, of
certain ceal pruperty situated i.n the City of Anaheim, County of Orange, State
of California, described as Eollows:
THE WESTERLY 56.a2 FEET OF THE FOLLOWING DESCRIBED LAND, SAID
WESTERLY 56.82 FEET BEING MEASORED ALONG THE SOUTHEASTERLY
LINE THEREUF:
ALL THAT POP.TION OF THE RANCHO SAN JUAN CAJON DE SANTA ANA~
BEING A PORTIUN OF LOT ONE OF ANAHEI[4 EY,TENSION, AS SAID LOT
ONE IS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL AND
ACKNOWLEllGED BY ALFRED ROBZNSON, TRUSTEE~ ON FILE IN THE
OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY~
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
k3EGINNING AT A POINT IN THE: NORTH LINE OF SAID LOT, BEING THE
THE SOUTH LINE OF LA PxLMA AVENUE, DISTANT THEREON 93.41 FEET
WEST OF THE NORTHEnST CORNEF OY SnID LOT; RUNNING TFIENCE P~EST
ALONG THE t70RTH LINE OE SAID LOT 161.92 FEET; THENCE
SUUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID LOT,
279.849 FEET; TtiENCE NORTH 73° 45' 10' EAST 156 FEET i'0 A
LINE WHICH I,S PARALLEL WITH THE EASTERLY LINE OE' SAID LOT
THRGUGH THE POIPIT OF BEGINNING; TfIENCE NORTHF.RL~ i~LONG SAID
LAST MENTIONED PARALL~L LINE 234.596 FEET TO iHE POINT OF
BtGINNING.
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WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in khe City ~f Araheim on Julp 9, 1985 ar 1;9p p,m., notfce
ot said public hearing having been duly given as requic:d by law ar.d in
accordance with the provisions of the Anaheim Municipal Ccde. Chapter 18.03,
to hear and ccnsider. evidence for and against said proposed reclassific~tion
ana to investi9ate and make findings and recommendations in connection
therewith; and
WHEREAS, said Commission, after due inspection, in~iestig~tion and
study made by itself and in its behalf, ar,d after due consideration of' all
evidence ar.d reports offered at said hearing, does find and determine the
followin9 facts:
1. That the petitioner proposes waivecs of the following to
construct a 7-unit affordable condominium complex:
(a) SECTIONS 18.U6.080 ,- Minimum number of parking spaces.
1E.06.050.0121, (18 spaces, 14 covered or ertclosed
AND 18.31.066.010 required; 17 spaces, 14 enclosed proposed)
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PC85-171
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(L) SECTION 18.31.061.012 - Minimum lot area per dwellina unit.
(3000 sq. ft. required; 20:0 sy. ft. proposed)
(c) SECTION 18.31.062.020 - Maximum site coveraqe.
(40~ permitted; 468 proposed)
(d) SECTZON 18.31.063.011 - Minimum front yard setback.
(15 fr, minimum with 20 foot average
required; 13 ft. proposed)
(e) SECTION 18.31.063.031 - Minimum cecreational-leisure acea.
(1000 sq. ft. per dwellinq unit required;
784 sq. ft. pzoposed)
2. That the above-mentioned waivers are hereby denied on the basis that
there are no special circumstances applicable to the property such as size, shape,
l-opography, location and sucroundings which do not appiy to other identically zone
property in the same vicinity; and that strict application of the Zoning Code does
not depeive the property of privileges enjoyed by other properties in the identical
zone and classification in the vicinity and subject to Interdepartment.al Committee
recommendations.
3. That there are no exceptional or exl-raordinary circumstances or
conditions applicable to the property involved or to the intended use of the
property that do not apply generaily to rhe property or class uf use in the same
vicinit~ and zone.
4. That the reguested va~iance is not necessacy for the preservation
and enjoyment o: a substantial property cight possessed by other property in
the same vicinity and zone, and denied to the property in question.
5. That the requested variance will be materially detrimenL-al L•o the
public welfare o~ injurious to the property or improvements in such vicinity
and zone in which the ~roperty is located.
6. That one person indical-ed his presence at said public heating in
oYposition; ana that no correspondence was received in oppositiun to subject
petition.
ENVIRONMENTAL IFIPACT rINDING: That the Anaheim City Planning
Commission has reviewed the proposal to reclassify subject properL-y from the
RM-12U0 ikesidential, Multiple-Family) Zone to the RM-3GU0 (Residential,
Multiple-Family) or a less intense zone to construct a 7-unit affordable
condominium complex with waivers of minimum number of parking spaces, minimum
lot area per dwelling unit, maximum site coverage, minimum front yard setback
and minimum recceational-leisure area on an irregularly-shaped parcel of land
consisting of approximately 0.32 acre having a frontage of approximately 60
feet on the south side uf La Palma Avenue and further described as 1262 East
La Palma Avenue; and does heceby approve the Negative Declaration upun Einding
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 that there is no substantial
evidence that the pr.oject wi.ll have a significant effect on the environment.
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[~UW, THEREFORE, BE IT RESGLVED that the Analieim City Planning
Commis~ion does hereby deny subject Petition for Variance on the basis of the
afoternentioned findings.
THE FUREGOING RESULUTIUN is signed and approVed by me this Bth day of
July, 19a5. i~, ~
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CHAIRMAN~ ANAHEIM CITY PLANNING COPIMISSION
ATTEST:
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SECRETA Y~ ANAHEZM CITY PLANNING 'Ot4MISSION
STATE OF CALIFORDIZA )
COUNTY GE ORANGE ) ss.
CITY OF ANAHEIDI )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregcing resolution wa~ pa~sed and
adopted at a meeting of the Anaheim City Planning Commission held on July D,
1985, by the following vote of the members thereof;
AYES: COMMISSIONERS: ~~UAS, BUSHURE, FRY~ HERBST~ KING, LA CLAIRE~
MC BURNEY
NOES: COMMISSIOt7ERS: NONE
ABSENT: C01~lr1I5SIONERS: NONE
1985.
I[a WITNESS WHEREOF, I have hereunLO set my hand this Bth daV of July,
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SECRETAR , ANAHEIM CITY PL .NING COMFIISSZON
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