PC 85-209~~
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RESOLUTION N0. PC85-209
A RESOLUTION OF THE hNAHEIM CITY PLANNING COMMISSION
TSiAT PETITIOt7 POR VP.RIANCE N0. 3500 BE GRANTED
WHF.REAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from NORMAN E CLEMENS AND LORELIE L. CLEMGNS, lOsS South
t•leeker Avenue, West Covina, California 91790, owners of certain real property
situated in the City of Anaheim, County of Orange, State of Czliforniz.
described as:
THE WEST 120 FEET OF THE SOUTH 230 FEET OF THE WEST 510 FE~T OF
THE; SOUTHEAST QUARTER OE THE NORTHWEST QUARTER OL' SECTION 21, IN
TUWNSHIP 4 SOUTH, RANGE: 10 WEST~ SBB&M.
WHER~AS, the City Plannir.g Commission did hold a public hearing at
the Civic Center in the City ef Anaheim on September 16, 1985, at 1:30 p.m.,
notice of said public hearing having been duly given as required by law ~nd in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to heac and consider evidence for and against said proposed variance and to
investigate and make findings and recommendations in connection therewith; and
[9HE`~SAS, :;aid Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all
evidence and repar=s offered at said hearing, does find and determine the
following facts:
1. That the petitioner proposes waivers of the follot,~ing to
establish a two-lot, RS-7200, single-family subdivision:
SECTIO[J 18,26.061.020 - Minimum lot width and frontaqe.
(70 feet required; 60 feet proposed)
2. ihat the above-mentioned waivers are heceby granted on the basis
tLat ti,ace ace s~,eciai circwustances applicable to r.he property such as size,
~hape, topography, location ar.d surroundings which do nat apply t~ other
identically zoned property ir~ the same vicinity; and that st•rict application
of the zoning Code depxives the property oE privileges enjoyed by other
properties in the identical zone and classification 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 general].y to the property or class of use in the
same vicinity and zone.
4. That the requestr.9 variance is necessary for th~a preservation and
enjoyment of a substantial property right possessed bv ocher property in the
same vicinity and zone, and denied to the property in question.
5. Thak L•he requested variance :~ill not be materially detcimental to
the public welfare or injurious to the property or improve~ents in such
vicinity and zone in which the property is located.
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6• That no one indicated their presence at said public hearing ip
opposition; and that no correspondence was received in opp~sition to subject
Fetition.
EtJVIRONMENTAL IMPACT FINAING: That the Anaheim City Planning
Commission has reviewed the proposal to establish a two-lot, RS-7200,
single-family subdivision with waiver of minimum lot width ar.d frontage on a
rectangularly-shaped parcel of land consisting of approximately 0.50 acre
having a frontaae of approximately 120 feet on the north side of Cer[itos
Avenue, and further deecribed as 1599 West Cerritos; and does hereb '
the Negative Declaration upon finding that it• has considered the Negative
Declaration together with an Y aAProve
process and Eurther finding onythe~b,siss of the Vinitiallstudvh and any comment~
received that public r~view
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
Conimission does hereby grant subject Petition for Variance, upon the following
conditions which are hereby found to be a nECessary prereauisite to the
proposed use of the subjec~ property in orber to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. That the owner of subject property shall pay to the City of Anaheim a
feE for tree o].anting purposes along Cerritos Avenue in an amount as
determined by the City Council.
z. That prior Co issuance of a bailding permit, appropriate park and
recreaiion in-lieu fees shall be paid to the City of Anaheim in an
amount as determined by the City Council.
3. That pcior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
amount as determined by the City Counci] for each new dwelling unit.
4. ~:hat drainage of subject property shall be di~posed of in a manner
satisfactory to L•he City Engineet,
5. That prior to commencement of structural Eraming, fire hydrants shall
be installed and charged as required and determined to be necessary
by the Chief of the Fire Department.
G• That the owner of subject property shall pa}• to the City of Anaheim a
fee for street lighting along Cerritos Avenue in an amount as
determined by the City Council.
7. That prior to the issuance of building permits a parcel map to record
the pruposed 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 Couirty Recorder.
~• That the proposed driveway be relocated westerly to the satisfaction
of the City Traffic Engineer. ~
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PC85-209
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9. That prioc to issuance of building pecmits, the applicant shall
present evidence satisfacL•ory to the Chief Building Znspector that
the proposed project is in conformance with Council Policy Number 542
"SOUnd Attenuation in Residential Projects" and wiL•h Noise Insulation
Standards specified in the California Administrative Code, Title 25.
10. That subject pcoperty shall be developed substantially in accoxdance
with plans and specifications on file wich the City oE Anaheim marked
Exhibit Nos. 1 through 4.
11. That the owner of subject property shall su6mit a letter cequesting
termination ~f Variance No. 1539 to the Planning Department.
12. That prior L•o the commencement of the activity autY.~~rized under this
resolu~ion, or prior to issuance of a building permit, or within a
period of orie year fcom the date of this cesolution, whichever occurs
first, Condition Nos. 1, 2, 3, 6 and 11, above-mentioned, shall be
complied with. Extensions for further t;.me to complete said
conditions may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
13. That prior to final building and zoning inspections, Conditi~n Nos.
4, 8 and 10, above-mentioned, shall be complied with.
g~~ IT FURTHER RESOLVED that the Anaheim City Planning Commis^ion does
hereUy find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all ~fa t ethe eof, obe
hereinabove set forth. Should any such condition, o~ any p
declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then thi> Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGUZNG RESOLU'PION is si9ned and appr.oved by me this 16th day
of September 16, 1985. -~
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CHAIRWOMAN~ ANAHEIM CITY PLANNING COMMISSION
ATTEST: _
SECRETAR ~ 7+NAHEIFi CITY PLANNING ^O:iMISSIOt~
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STATE OF CALIFORNIA )
COUNTY OF ORANGE j ss.
CITY OF ANAHEIhi )
I~ Edith L. Flarris, 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 Plar.aing Commission held on September
16, 1985, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, FRY~ HERBST, LA CLAIRE, LAWICKI, MC BURNEY,
NUES: COMMISSIONERS: IJONE
ABSENT: COPIMISSIONERS: MESSE
IN WITNESS WHEREOF, i have hereunto set my hand this 16th day of
5eptember, 1985.
~'"'~ CitA.c~
SECRETARY, ANnHEIP? CITY PLANNINC COMMISSION
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~3 PC85-209