PC 77-172RESOLUTI011 N0. PC77-172
A RESU'L'JTI0~1 OF THE ANAHEIM CITY PLANNING C0IIMISSIOId
TtdAT PE"( ITIOIJ FOR VARIAfJCE N0. 2961 BE GRANTED, It~ PART
WNEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from SIiASfIIK::tIT M. At~D DAKSNA S. PATF.L, 227 Calle De Gamma,
Anaheim, California y2ao7, ov+ners, and RICHARD T111ti0E, 10]8 North Eastside, Saita
Ana~ California 9270i~ ayent, of certain real property si[uated in the City of
Anaheim, County of Orange, State of California~ described as:
LOT 4 aND THE WE57 20 FELT OF LOT 5 IN E3LOCK "li" OF THC CE;ITEP,
7RALT, AS PER HAP TIi~REOF RECGRU[U il! Ei00f: 1~~, PHGE 15 OF
MISCLLLAtJEOUS RECOR~5 OF LOS AI~GELLS COUNTY, CALIFORt~IA; and
WI~EREAS, the Cicy Plannir.g Commission did schedule a public hear4~g at the
City fiall in the City of Anaheim on August 1, 1977, at 1:30 p.m., notice of said
public heariny liaving been duly given as required by 1aw and in accordance with tl~e
provisions of the Anaheim Hunicipal Code, ChapCer 1c.03, to hear and consider
evldence for and against saiJ proposed variance and to investigate ,and make findings
an;f recorrnnendations in connection therewith; said public hearing haviny been
cnnri~,~,Pd ta the Planninq Cor~imission mecting of August 15, 1977; and
WIIER[A5, said Comnission, aftcr due inspection, investigation and study rrade
by itself and in its behalf, and after due consideration of all evidence and reports
offerecl at said heariny, does find and determine the followi~g facts:
~, That [he petitioner proposes waivers of the folla.ring io construct a 7-
unit apartrnent complex: ,
(a) SECTIOt~ 13.04.080.010 - Re uired arterial dedication.
3~i.25 feet required; none proposed)
(b) SECT{Otl lo.31{.063•~21 - Ninimum side seCback.
i7 teet required: 15 fecc proposed)
(c) SECTIOt~ 1d.34.o63.032 - Minimum recreational-leisure area.
20Q square eet required; 173 square feet
proposed)
Z, That th~ above-mentioned waiver (a) is hereby grar~Pd on the basis tliat
tfie Circulation ElemenC of the Anahelm General Plan relative to the ultimate half-
width on the south side of Broadway will be amended to indicate ttie necessary
dedication in connectinn wtth Redevelopment Project Alpha wili be from the north side
of Droadway, since only the properties on thc north are wlthin said Redevelopment
Project Area.
3.
basis that no
overbuilding
eliminate [he
teisure area.
That the above-mentioned waiver
hardship was demonstrated a~d
the subjec[ property since a
need for waivers of minimum side
(c) arc hereby denied on the
he proposal appears to be
in the number of units would
anJ minimun recreational-
PC77-172
s (b) and
tha t t
reduction
setback
4. That there are exceptional or ex:taordinary circurnstances or conditions
appticable to the property invo~ved or to the intended use, as granted, of the
property that do not apply generally to the property or class of us,~ in [he same
vicinity and zona,
5. That the requesteJ variance, as granted, is npcessary for the
preservatfon and enjaymen[ of a substantial property right possessed by other
propcrty in tfie same vicinity and zone, and denied to the property ir, question,
6. That the requested variance, as granted, o-iill n~[ be materially
detrinentai to the public welfare or injurious [o the property or improvements 3n
such vicinity and zone in which the pro~erty is locateJ,
7. That two persons indicated [heir interest at said public heariny; and
that no correspondence was received in opposition to the subject petition.
ENVIRONMEt~TAL i11PALT fI~iDItJG: Tha[ the Anaheim City Planning Commission has
~eviaved the subject prop~sal to reclass3fy the zoning from the CI. (Commercial,
Limited) Zone to the RH-1200 (Resldential, Multiple-Family) Zone on property
consisting of approximately 0.2 acre, having a`ronta~~ of approximately 72 feet on
the south side of Broadway, and bein9 loca[ed approximately 170 feet west of the
centerline of Claudina Street, with requcsted waivers of required arterial highway
right-of-way dedication, minimum side setback, and minimum recreational-leisure area;
a~d does hereby approve tnc ~~egative Declara[ion from the requirement t~ prepare an
environmental impact report on the basis [ha[ there would be no sign(ficar.t
individual or cumulative adverse environmental impact due to the approval of this
Negative Declaration ~ince the Anahein General Plan designa[es the subjec[ property
for medium-density residential land uses ccmmensurate with the proposal; tFiat no
sensitive environmental im~ac!s are involved in [fie proposal; [liat the Initial Study
submitted by the petitioner inJicates no significant individual or cumulative adverse
environmental impacts; anJ that the Negative Declaration substantiating [he foregoing
findirgs is on file in the City of Anaheim Planning Depar~ment.
f~OW, TIiEREFORE, BE IT RESOLVED that tl~e Anaheim City Planning Commfssion
does hereby gran[, in part, subject Petition for Variance, upon the following
condition which is hereby found to be a nece~sary prerequisi[e [o [he proposed use of
[he subject ~roperty in ordcr to preserve the safe[y and general welfare of ihe
Citizens of the City of Anaheim:
1. That Lhis Variance is yi•an[ed, in part, subjett to the comple[ion of
Reclassification Ilo. 77-7'u'-8, now pcnding.
THE FOREGOIt~G RESOLU7lOt~ is siyr~ed and approvcd by me [his 15th day of
August, 1977.
~.~~~ ~/ 9~~
CHAIP,MAtI, AtAHEIM CIT PLAtJF11NG COMMISSIOtI
ATTC•ST:
~~ ,~° ~~,.li,.
SECRETAR , ANAHEl11 CITY PLANNING COMMIS51011
-2- PC77-172
STATE OF CAL f FORFI I/n )
COUNTY OF ORANGE ) ss.
CIIY OF ANAtiEIM )
I, Edith L. liarris, Secretary of the Anaheim City Planning Ca~vnission, do
hereby cer"tify that the foregoing resolution was passed a~sd adopted at a meet3ng of
the Anaheim City Pianning Cartmission held on August 15, 1977, at 1:30 p.m., by the
~Following vo[e of the members thereof:
AYES: COMMISSIOt1ERS: BARIdES~ DAVID, NERBST, JOfit~SOt~, KING, L'INH, TOLAR
NOES: COMI~~SSIOtdERS: NONE
ABSEtJT: COMMISSIONERS: NOt7E
1977.
IN WITIJESS WHEREOF, 1 have hereunta set my hand this 15th day of August,
G~- 2~t....~..
SECRETARY, ANNiEIM~t~t~ING LOMHISSION
-3- PC77-t72