PC 77-29RESOLUTI9N N0. PC77-29
A RESOLUTION OF THE RNANEIN rITY PLANNING COMMtSSION TNA7
°ETITION FOR VARIANCE N0. 2900 BE GRANTED, IN PART.
WHEREAS, the Anahetm Cfty Planning Commisslon did r~ceive a verifled
Petitiori for Varfance from NILDRED M, ANDERSON, PHYLLiS E. WHITE, AND VESPER B.
WHITE, 1759 W. Oran~~e Avenue, Anaheim, Catifornia 92804 (Owners) of certaln real
property situated ln the Clty of Anaheim, County of Orange, State of Californa
described as:
The South 213.9~ feet of tha[ portion of the South half of the I~or:heas[ quar[er
of Section 17~ In Township 4 South, Range 10 Wcst, S~n 9ernzrdlno Basc and
Merldlan, ~~scribed as follows: Beginning at a polnt 1~ the South line of said
Nur[heast yuar;er distant thereon West i58.08 fee[ from the Southeast corncr of
sald !~ortheas[ quarter, safd polnt of beg(nning also bcing on the South line of
:he iand descri6ed in thr_ deed to Anna L. Mere~f[h and J. F, Heredith, recorded
Juiy 31, 195~ In Book 2363 at Pagc 411 of Offlcial Records; distant thereon West
9$.OS feet from the Sautheast corner of sald land, and running thence ~lorth
0~ 18' West pareltel with the Easterly line of sald land 444.4 fer.t to the
Northerly line of sald land; [hence Soucherty 89° 29' 07" ~est along sald North
llne 97.96 fect; Yhence 5outh 0° 18' Eas[ paraltel with the Easterly line of said
land 444.94 feet to the Southerly lfne of sald land; thencc South 89o 10' 10"
East along said Southerly line 97.96 feet to the polnt of beginning. Together
with an easement for ingress and egress 22 feet in width rusiring along the
Easterly 22 feet of above°descrlbe~ property; and an zasement for sewer and
public utilltles on, above or under the Nest 7 feet of above-descrlbed property.
uNEREAS, thc City Planning Cammisslon did hold a public hearing at the City
Hall In the Clty of Anaheim on January 31, 1977, a[ 1:.30 p.m., notlce of sald public
hear(ng havinq been duly given as requlred by law and In accordance with the
provlsions of the Anaheim Munic'paI Code, Chepter 18.03, ~o hear and consider
evidence for and agalnst sald proposed varfance and to investigate and make flndings
and recommendatlons in connectlon therewith; and
NHEREAS, sald Commisslon, after due Inspection, Investlgatlon and study made
by itseif and in lts behalf, ar.d after due consideration of all evldence and reports
offered at said hearing, does find and determinc the following facts:
1. That the peCitioner proposes thc following walvers from th~ Anahelm
Nunlcipal Code to permit two single-family structures In the RS-A-43,000 Zone:
a. 5ECTION 18.21.020.020 - PermiCted uses. (1 dwelling
perm ~t[ed; drrolTings proposed)
b, SECTION 18.21.062.0 0- Mlnlmum floor area. (! 225 s • feet
requ ro ; a unru net p~opote ~
c. SECTfOY 18.21.066.011 - Mlnimum number of onclosed arkln s acas,
_ spacee requ re ; space~ propose
2. That Walver 1-e, abave-mentloned, is hercby grantnd on the basls thnt
the petltloner demonstrated that e herdship would be c~eatcd if sald watver was not
granted, slnce the subJect property ts adJaccn[ to two churches to the nor[h and
east, and an existing 22-foo[ wide driveway easement provldes access for the church
RESOLUTION N0. PC77-29
to the nor[h, thereby restricting the useablBity of subject property for onn single-
fami)y rtsidence.
j, ?hat Nalver 1-b, a~ove-me.reLf~ned, fs fiereby granted on the basis that
the request is mfnimal.
4. That Wa~ver 1-c, above-mentlaned, ~r~s wlthdrawn by the petitioner with
the stipulation to construct a two-car garage fo;• the proposed dwelling instead of a
ore-car garage, thus complying wfth tihe Cude stsndards for enclosed parking spaces.
5. That there a~e exceptionat or extraordlnary circums[ances or conditions
applicable to tlie property involved or Lr thc intended use, as gran[ed, o` the
property that do not apply generally to ?hc prnperty or class of use in the same
vicinity and zone.
6. That the requested varlance, as granted, is necessary for the
preservation and enJoym~nt of a substantial property righi possessed by other
p~apei~~y in [he same vicinl:y and zone; and denfed to the property (n question.
7. That the requested v~rlance, as granted, will no[ be msterlally
detrlmental to the public weifarc or InJurio~s to the property or improvements fn
such v!ci~ity and zone in which the property is loca[ed.
2. That no one Indlcated their presence at said publlc hearinq in
opposiYion; and that no correspondence was recelved in oppositlon to ~he subject
petitlon.
ENVIRONMENTAL IMpACT REP~RT FIND(NG: ?ha[ the Direc[or of the P1annSng
Department has determ ned [hat the proposed actlvity falls within the definitton of
$ection 3.01, Class 3, of the City of Anaheim Guldellnes to the Requlrements for an
Environmental Impact Report and ls, therefore, categorically exempt from the
requirement to ftle an EIR.
NOW, THERE~ORE, BE IT RESOLVED that the Anaheim C(cy Planning Cemmlssion
does hereby gran[, in part, subJect Petitlon for Varlance, upon the following
condltions whlch are hereby found to be e necessary prerequlslte te [he proposed use
of [he subJect proper[y in order to preserve the safety and genrsral wclfere of the
Cttfzens af the Lity of Anahelm:
1. 7hat street lfghting fac171tles along Orange Avenue shall bc installed
as requlre;d by the Dlrector of Public Utilltfes end In accardance with standard
speciffcations o~ f11e in the office of the Oirector of Publtc Utilittes; or that a
bond, certificate of deposit, letter of credit, or cosh, (n an amount and form
satisfactory te the Cfty of Anahelm, sha{1 be posted wi[h the C(ty to 9uarantee the
(nstallatlon of the above-meniloned requlrements.
2. Thnt [he owncr{s) of subJect property ~hall pay tp tha City of Anahelm
tha sum of sixty cent• (60C) per front foot along Orange Avonue for [ree planting
purpoe~o.
3. Thet aubJect property shall be ~erved by underground utilitles.
4, 7hnt dralnege ot 9ubJect proporty ~hall he dl~posed of In e mennnr
satlsf~ctory to the Clty Englneer,
-2- RESOLUTION N0. PC77-29
5. In the event that subJect property is to be dlvided :`c;r the purpose of
sale, lEase or financing, a parcel map, io record the appraved ~ivision of subject
property, shall be submitted to and approved by the Clty of Anaheim and th~n be
recorded in the Office of the Orange Lounty Recorder.
6. ThaC the aw~er of subJect property shall pa~ to the City of Anaheim the
appropria[e park and recreation ln-lieu fees as determined to be appropriate by tke
C(ty Coun~il, sald fees to be pald at the time tne building permit ls issued.
7, That subJect property shall be developed substantlatty in accordan~e
with plans and specificatlons on flle wich the City af AnaheiR marked Exhibit Nos. i„
2 and 3; provlded~ however, that a two-car garage shatl be cons[ructed In lieu of che
proposed one-car garage and revised plans showing said cwo-car garage shall be
submttted to the Planning Department for revlew and approval prlor to the lssuance of
a building parmit, as stipulateo to by the petltioner.
8. That Conditlon Nos. 1 and 2, above-mentloned, zhall br complled with
prlor to the commencement of the actlvity auZhorized unde~ this resolutlon, or prior
to the time that the bullding permit is issu~dc or wlthln a period of one year Trom
date hereof, whichever occurs f~rst, or such further t1me as the Planning Corvnlsslon
and/ar City Council may grant.
9, 7hat Condition Nos. 3, ~ and 7, abuve-mentioned, shall be complied with
prlor to final building and zoning inspactlons.
THE FOREGOING RESOLUTIOH is slg~ed
January, 1977.
A7TEST:
l~ , . ~ Q~.~
E RE A, ANAHEIM CI Y PLANNING OMMISStON
ar~d approv by me this 3~st day of
~
NA MAN NAHEI CI ANN NG COMMISSION
-3- RESOLUTION N0. PC77-29
c',,ATE OF CALIFORNIA )
/,OUNTY OF ORANGE )ss.
:ITY OF ANAHEIH }
I, Patricia B. Scanlan, Secre[ary of thc Anahelm Cftb Pianning Lommissio~,
do h~ereby certify that the forcgoing resolu[ion was p~ssed and adopted at a m~eting
of the Anahelm Clty Plannin9 Cumrission. held on .~anuary 31. 1977, at 1:30 p.m., by
the following vofc of thc m~mbers thereof:
AYES: COMMISSIONERS: BARNES, DAVID. HERBST, KING, MORLEY, JOHNSON
NOES: COMMISSIONERS: !IONE
ABSENT: COhlMISSIONERS: TOLAR
1917
IN WITNESS WHEREOF, I have hereunto set my hand thls 31st day of January
~~.u.~..c..~
SECRETARY, ANAHEIM CI'f LANNIkG ONMIS ION
-~- RESQLUT I OiJ iJO. PC77-29