Resolution-PC 2000-88u
RESOLUTION NO. PC2000-88
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2000-04399 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, Stete of California
described as:
LOT 28 OF TRACT NO. 9750, AS PER MAP RECORDED IN BOOK 437,
PAGE(S) 28 TO 31 INCLUSIV~ OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 3, 2000, 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 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 therewith; 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:
That the petitioner proposes waivers of the following to construct a patio cover:
SECTION 18.24.063.030
Minimum structural setback.
(10 feet required from rear property line; 3.5 feet and 8.5
feet proposed)
2. That the proposal is located in the RS-HS-10,000(SC)(Residential, Single-Family Hillside,
Scenic Corridor Overlay) Zone.
3. That the variance is hereby granted on the basis that there are special circumstances
applicable to the property such as size, shape, topography, location and surroundings, which do not apply
to other identically zoned properties in the vicinity; and that strict application of the Zoning Code deprives
the property of privileges enjoyed by other properties under identical zoning 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 generally to the property or class
of use in the same vicinity and zone.
4. 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 property is located.
5. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 3(New Construction), as defined in the State EIR Guidelines and is,
therefore, categorically exempt from the requirement to prepare an EIR.
CR4004PK.DOC -1- PC2000-88
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to
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 the City of Anaheim:
1. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit No. 1, and as conditioned herein.
2. That prior to final building and zoning inspections, Condition No. 1, above-mentioned, shall be
complied with.
3. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated 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 jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
July 3, 2000.
THE FOREGOING RESOLIJTION was adopted at the~la,n{yifig~`j6mmission meeting of
ERSON, ANy('H~iVI CITY PLANNING COMMISSION
ATTEST:
~~R(,~~
SECRE ARY, AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 3, 2000, by the fo'llowing vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this !~ day of
(/S , 2000.
.~'ol ~c:eJ
SEC TA ANAHEIM CITY PLANNING COMMISSION
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