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Resolution-PC 2001-48~ • RESOLUTION NO. PC2001-48 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2001-04437 BE DENIED 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, State of California described as: BEGINNING AT A POINT ON THE WEST LINE OF SAID SOUTHEAST QUARTER (SE'/<) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 7, WHICH POINT IS ON THE NORTH LINE OF SOUTH STREET THIRTY (30) FEET NORTH OF THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER (SE %4) OF THE SOUTHWEST QUARTER (SW %4) OF SAID SECTION 7; THENCE NORTH ALONG SAID WEST LINE THREE HUNDRED SEVENTY-FIVE (375) FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SOUTH STREET TO THE WEST LINE OF THE GARDEN GROVE STORM WATER DISTRICT; THENCE SOUTH 16 DEGREES 03' 30" WEST ALONG SAID WEST LINE OF SAID GARDEN GROVE STORM WATER DISTRICT TO ITS INTERSECTION WITH SAID NORTH LINE OF SAID SOUTH STREET; THENCE WEST TO THE POINT OF BEGINNING. u1lHER-EAS, the City Planning Cor~r~issio~ did hold a publlc hearing-a#-tk~e Giuic Center in the City of Anaheim on April 23, 2001, 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: 1. That the petitioner proposes waiver of minimum private street standards (Engineering Standard Detail No. 122) to establish a five-lot RS-5000 (Residential, Single-Family) zoned single family residential subdivision. 2. That following public notification of this variance it was determined that the appropriate procedure to request a waiver of requirements from Engineering Standard Detail No. 122 is under the authority of Section 17.08.650 "Conditional Exceptions to Chapter" of Chapter 17 "Subdivisions" of the Anaheim Municipal Code which states the following: "Conditional exceptions to the regu/ations herein defined may be authorized by the advisory agency if it finds that exceptiona/ or special circumstances apply fo the property. Such special circumstances may inc/ude limited size, unusual shape, extreme topography, dominating drainage prob/ems or the impracticability of employing a conforming plan or layout by reason of prior existing recorded subdivisions of. contiguous properties. Application for waiver of the requirements of this chapter shall be made af the fime of the filing of a tentative map. The decision of the advisory agency shall be subject to appea/ to the City Council in the manner set forth in Section 17.08.100.030." 3. That this variance is hereby denied on the basis that it is unnecessary. 4. That two concerned people indicated their presence at the public hearing and that a petition with 11 signatures was submitted at the public hearing in opposition; and that no correspondence was received in opposition to subject petition. CR5070PK.doc -1- PC2001-48 ~ ~ CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal for waiver of minimum private street standards to establish a five-lot RS-5000 (Residential, Single-Family) zoned single family residential subdivision on an irregularly-shaped 1.04-acre property having a frontage of 68 feet on the north side of South Street and a maximum depth of 375 feet, being located 130 feet east of the centerline of Westgate Drive, and further described as 2901 East South Street; 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 that there is no 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 deny subject Petition for Variance on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Plannin Commission meeting of April 23, 2001. /~ ~~ CHAIRPERSON, ANA~1E1 ATTEST: NING COMMISSION 4 s~.~.d.._ SECRETA~2Y, ANAHEIM CITY PLANI~tING C-QtVIMISSIOI~I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Osbelia Edmundson, 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 April 23, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN IN WITNESS WHEREOF, I have hereunto set my hand this 3 ~ day of m , 2001. ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2001-48