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PC 77-41RESOLUTION k0. PC77-41 A!<ESOL'JTION QF THE ANAHEIM C17Y PLANNING COMM;SSiCN THAT PET1710N FOR YARIANLE N0. 2904 8E GRAN7ED. WHEREAS, '.he Anaheim Gity Planning Lrnmfsslon did recelve a veri`icd Pe;~ti„~: for Varlance from FAkNfE GOUID, P725 Clifton Way - Suit~ 10, Beverly Nilis, CF. ~U'L.t, (Owner),and LEON A. MILLER OR PAUL WILLIAMS, 12522 ero~khurst - Sulte 1~, Garden Gro•+e, CA 92640, (Agent), of certain real property situa*.ed in thc City of Anahelm, Coun~~: or Oran~e, State of California descrioec: as: Lot 32, Traet 2723. (n the City oi Anaheim, as per maG ~ecorded in book o4, cr~ce~ 1` [0 21 inclusive, Mlscellaneous Maps, In the office of tho cou~ty recorder o~ said coun[y. WHEr~EAS, thc C1Yy Pla~ning Cannission dlo schcoulc r~ public hearln~a ,,. -nr ~ity Hali in *h~ ~lty of Anaheim on February 14, 1977, at 1:30 P.m., no[ice of saio p~,:,::: '~c~rirc having been duly given es requlred by !aw and in accordance with the provisl~ns c` t.^.e r,na^c~ Ncnicipal Code, Chapter 16.03, to hear and consider evidence for and aoainst said ;~roposed varlance and *.o invcstlgate and make flndings and recommendatlons In connection ;herewicn; nr.d 11HEREAS, said Commlsslon, after due inspectior, investigatlor anJ ~,tudy ma~!~~ by Itself and in it's behalf, and after due considcra[lon of ali evldencc and r•eports offered at sald hearing, does find and determine the following facts: I. 7ha[ the petitioner proposes the follorrin9 waiver from the Anahelm Hunlcipal Code, to construct a szven-unit apartment complex: SECTION 18.3~+.063.023 - Mlnimum s[ructural setback. (5 feet requlred; 0 feet proDosed} 2. That the above-mentioned walver is hereby granted on the basis that thc pe[icloner stipulated co rever5ing [he bulld~rtg pl~ns so that the prnoosed apartments wiil open towards and face the north, u+ith the private patics t,? be on tiir,- ,outh sldr_ ef thr. buliding; and that the petltloner Indicated that the affected structure~, bcing a c:,rport, is attached to the maln resldent(al struc:ura for desi9n ~fficiency re~isons, however, the maln structure will meet the setbeck requlrements. 3. That there are exceptional or extraardinary tlrcumsta~o:s o,' G~nditlens applicable to thc property involved or to the intenAed use of thz oro~aerty tha[ do no[ a~ply generally to thc property or cla~s of use in the sartie vl~:tnity an~~ ~ane. 4, That thn requr,sted verla~ce is noccssn~y for ihc preservaClo~ and enJoyment of ~ 9ub~t~ntlal proporty right po » o~~~d by othe~ proportY In tho t~eme vlcinlty and zone, ~nd denl~d to the pr~perty In qua~tlon. 5. Tho[ the requested varlance wll? not ba materlally detrim~nt~,' ca ihc public wa:fnre or InJurlous to the property or improvements In such vicinity 9~t~ sonc ~n which the propar[y (s loce:ed. 6. That onc (I) perso~ appea~ed at sald publlc hearing in opposftion to the subJrct petit(on and, subsequently~ wlthdrew the oppos(tion on the basls of !he stipul:~tion by the pttltloner to reverse the plans. RESOLUTION N0. PC77-41 ENVIRONMENTAL I~PACT REPORT FINDIHG: That the Anaheim City Plar,ninn Ccxr~;ssion has reviewe the su ect pro ect, cons sG ng of a 7-unlt apartment developnent on the west side of Bush Street appr~ximatcly 289 feet north of Lypress Screet, and does her~ey r~ccxrxnrnd to the City Council of the Cfty of Anaheim that a.:egative Declaration frc,m the r~4uirenen2s to prepare an envlronmental lmpac[ report be approved for the subJec[ pro.Ject on the basis that there would be no significant (ndlvidual or cumulative adverse environmen[al impact slnce simllar multiple-famlly residentlal development surrounds :his proper[y and since ottier lots of the same size on Bush Street are developed aiih hfgher densities; thar., alttio.~~h o~her Nega[ive Declarations have b~en approved withl~: the speclfled reporting area, the cumulatlve effects would not be sufficlent to require an Environme~tal Impact Reocrt; and that the Negative Declaration subsca~tlittng the `oregoing findings is on fiie ln thc Office of thc Planning Department at City Nall. N~u, THEREFORE, BE IT RESQLVED that Lhe Anaheim Cit~; Planning Cor.mission do~s hereby grant subJect Petition for Variance, upon the following cunditions whlch are hereby found to be a necessary prercquislte to the proposed use of the subJec[ property in order to preserve the safe[y and general we;fare of the Citlzens of the Cfty of Anaheim: l. That the oNner of subJect property shall pay to the City of Anaheim the acpropri~te park and recreaLlon (n-lieu fees as deYcrmined to be appropriate by ttic Clty Councll, sald fees to be pald at the time the bullding ~crmit is issued. 2. 7hat subJect property shall be served by underground u[liltics. 3. That subJe~t property shall be developed substantlally In accordance wlth plan, anp spec(fications on file with the Clty of Anaheim marked Exhibit Nos. 1 through 3; provided, hc~ever, that safd plans shall be reversed, so [hat [hc apartments open towards and face the nnrth, Htth patios to the sou~h, as stipulated to by the petltlcner. ~. That Conditton Nos. 2 ana 3, above-men[loned, shall be complied Nlth prior to final building and zoning lnspectlons. 197i. THE FOREGOING RESOLUTI0~1 ATTEST: ~~~eL.J E~CRE~'ARY, ANAHElM CI Y LANNING COMMISSION STAT[ ~F CALIFORNIA ) COUNTY OF ORANOE ) st. CITY OF ANAHEIk j I, Petricie 8. Scsnlen, Sacretery of thc Anaheim Clty Planning Comm(sslon, do hnreby certify thet the foregofng resolutton was pessed and adopted at a meating of the Anahetm City Plenning Commisslon held on february ?4, 1977, at 1:30 p.m., by the following vote of the members thereof: Is signed and approved b m this 14th day of February, r . CHAIRMAN, NAHEIH ITY PLANNING COMM15516N -2- RESOLUTION N0. PC77-4~ ENViRONHENTAL IMPAC7 REPORT FINDiNG: That the Anaheim Clty Ptanning Cormission has reviewe t e su ect pro ect, cons~st7ng of a 7-unit apartment development on the west side of Bush Street approximately 289 feet north of Cypress 5[reet, and does hereby r~co~rnend to the City Council of the Clty of Anaheim that a tiegative Declaration from the rtquirements to prepare an envlronmcntal impacC report be appro~ed for the subJect proJec[ on Yhe basis that there would be no significant indivldual or cumulative adverse environmental fr.,pact slnce similar multiple-fam(ly residentlal development surrounds thls property and since other lots af the same slze on Bush Street are dev~lcped uith hlgher densitles; that, although othar Negailve Declarations have been approved xithln th~ specifled reporting area, the cumulatlve effects would not be suf~icien[ to require an Environmental impact Repor[; and that the Negative Declaration subscantliting the feregaing flndings is on flle in the U`fice of the Planning Department a*_ Clty Hall. NOW, THEr^~EFORE, BE IT R[SOLVED that the Anaheim City Planning Commission dor.s hereby grant subjsct Petttlon for Variance, upon the following conditions which are hereb•;: fotind to bt a necessa:~y prerequlslte to the proposed use of the sub)ect proper[y in order to preserve the safety and general welfare of the C(tizcns of the City of Anaheim: 1, Thai the arner of subjcct property shai) pay to the City of Ananelm the a~proprfate park and recreatlon (n-lleu fees as deter~Ined to be appropriate by the C(ty Council, sai6 fees eo be paid at thc time the building permit is issued. 2. That subject property shai; be servAa by underground utilities. 3. That subJect property shail be developed subsLantially in accordance with plans and speciff~aticns on fila w(th the C:Ty of' Anahcim marked Exh?bit Nos. 1 through 3; proviled, howevnr, that safd plans shall be tevers~d, sn that ihr_ apartments open towa:•ds and face Ciie north, with patlos to the south, as stipulatcd to by the petltloner. 4. Th~t ~onditio~ Nos. 2 a;id 3, above-mentlaned, stiall be ccxnpited wtth prior to final buflding and zoning inspectlons. 1977• ATTEST: ~~ . ~rt~~-~ SECR~E~, ANAHEIM CI Y pLAFi~~iNG COMMISSICN STATE Or CALIFORNIA ) COUNTY OR 0 MNGE ) es. CI'Y OF ANAHf.IN ) I, Patrlcia B. Scenlan, Secretary af tho Nnahcalm City Planntng Commisslor, do hcreby cer[Ify that [hc foregoing rasolutton was passcd and adopted at a m~eting of the Anahetm CIY~ Pianning Commission held on february 14, ~977, gt 1:30 p.m., by the following vote af the members thereof; TlIE FOREGOING RESCLUTION is signed and approved b m ihis 14th day of february, ~ CN~IkMAN, NAHEIM ITY PLANNING COHMISSION -2- RESOLUTION N0. PC77-41 AYES: COHMlSSIONERS: BARNES~ DAVID, KiNG. MOALEY, TOIAR, JOHNSON NO~S: COMHISSIQqE~S: HERBST ABSENT C6MHISSIOFlERS: tiONE IN WITNESS NHEREOF~ I have here~nto set my hand this 14th day of February, iy77. ~G~if.G!'~/ ~ y~.r ~~e~c~ , N HE M CI PLANNiNG COHPSISSION '3' RESOLUTI~N Na, p~~~_~~