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PC 77-48RESQLUTIOtJ N0. PC77--+8 A RESOLUTIO~J OF 7:~F ANAtfEIM CITY PLAIl~II~l~ CO~Sr,I551orJ THAT PETITIOt~ F~;1 VARIAt~CE IJQ. 2907 BE ~RA!dTED. WHEREAS, the Anaheim Cir.y Planninc Commission dld receive a verified Petition for Variance from RAYM04D A. AND NAP„ ARET DILLON, 141 S, fiarding Drive, Anaheim, California 92804 (Owners) of certain reat property situated in the City of An~hetm, C~unty of Orange, State af California described as; Lot No. Eighteen (13) of Tract No. 4~3 as per map rec~rded in Sook 15, Pa9e 11, Miscellaneous liaps, Records of Orange County, California. AtJ~ AL50: Lot No. Seventeen (17} of Tract No. 403, as ner map recorded in Hook 16, Page il, Mt~cellaneous Maps, Records of Orange County, California. WIiEREAS, the City Planni~~g Commission did hoid a public heari~g at the City Hall in the City of Anaheim on February 28, 1977, at 1:30 p.m., notice of said public hearing havin9 been duly given as required by law a~d in accor~lence with the provisions of the F,naheim 1luniclpal ~ode, Chapter 1°.03, to hear and consider evidence for and ae~ainst said proposed variance and to investigate and make findings and recommendations i~ connection ther'ewith; and WHERE~S, sald Commission, af[er due insp~ctio~~, investigatlc~n and ~°_udy made by itself and in its behalf, ;;nci a*ter due consideration of all evidence and reports ofr'ered at said h~^aring, does find and determina [he follo:ying fa~[s: 1. That [he pe[itioner proposes the following walve^s fror,~ the Anaheim Municinal Code, xo establish a four-lot, RS-7200 subdivision: a. SECTION 18.04.020.028 - Minimum lot area. (7200 sq. ft. requirEd; 75 sq. ft. proposed b. SECTIOPd 13.26.063.~10 -!iinimum froni setback. (25 feet required; 0 oot exis[ingf- 2. That Waiver 1-a, above-mentioned, is hereby granted on the basis that tC:e proposed lot sizes are Gomparabie to existing lot sizes ~n the subJect area. 3. That Waiver 1-b, above-mentioned, is hereby granted on the basis that the structures are existing and a hardship wnulJ be created if said waiver was not grante.d. 4, That there are exceptional or extraordinary circurnstanc~s or conditi.:ns applicable to the property involved or to the intended ~ise of [lie property that do not apply generally to the property or class of use in tiie same vicinity and zune. 5. Tha[ the r~quesYed varlance ts necessary for the preservation and enjoyment of a subs[antial property right possessed by other property in the same vicinity and zone, and denied t~ [he proper[y in question. RESOLUTION N0. PC77-48 6, That the requested variance will n~r_ be materially detrimental to the public welfare or inJurious to the property br impr~v~ments in such vicinity and zonr in which the property 7s locaced. 7. That no one indlcated tfieir presence at said public hearing in opposition; and that no correspon~~nce was received in epposition to the subJect petition. Ei~VIRONMENTAL IMPACT FVNDING: 7hat the Anaheim City Planning Commission has reviewed the subject projec[, cons35ting of a four-lot, RS-72~0 subdivision located between Topanga and Harding Drivr.s, app~oximately 1~1 feet north of tht. c~nterline of Del Monte Drive !n the City ofi Anaheim, and does hereby reconxnend to th~ Lity Council of the ~i[y of Anaheim that a tlega'ttve Declaration from the requirenr.nt io prepare an environmen*al impaci report be approved For the subject oroject or. the basis that: thePe would be no sigri~icant indlviduat or cumulative adveTSe fmpacts an the environment due to the approval of [his Nega;ive Declaration since Cne Anaheim General Plan desianates the suhject property for low-denslty residential land use comme~surate with th~: proposal, and the I~itial Study submitted by L'he petitioner indicates no significant adverse impac[; and that the Nega[ive Declaration substantiating the foregoing findings is on file in the bffice of the Plar,ning Department at City Hall. NOW, TtiEREFORE, BE t? RESOLVED that the Anaheim City Planning Commission does h~~eby gran; subject Petttion for Variance, upon [he following co~d?tione whlch are her°by found to be a necessary prerequisite [o the proposed use of fhe subject property in order to preserve the safety and general welfare o` ~ihe Cltizens ot the City of Anaheim: 1. 7hat the owner(s) of subject property shall deed to ths? C:ity nf Anah~eim a strip of land 32 feet in width fr~m the centerline o` the SL"fPCL alona Harding Drive and Topanga Drive for screet widening purposes. 2. That all engineering requirements of the City of Anaheim &;ong Topanga Drtve 1ncluding preparat(on of imp~rovement pla~s and inscaltation of all improvements such as curbs and guYt~':rs, sidewa,lks, street grading arvd paving, drainage facilities or other appurtenant work, shall he complie~ witfi as required by the City Engineer and in accordance with standarA plans and specifications on flle in the Office of the City Engineer; that st:ee•T lighting faci;ities along Topanga Drive and Harding Drive shall be installed as requireJ by the Dlrector of Public Utilicies, and in accnrda~.ice with standard specifications on file ?n Che Offtce of the Director of Public Utilities; and/or that a bonci, ~ertificate of deposi:, letter of credit, or cash, 'sn an amount and form satlsfactory to the Clty of Analieir~ shall be posted with the City to guarantee the installa[ton nf t~ie. above-mentioned requ(rements. 3. That the owner(s) of subJect property shall pay tu the City of Anaheim the sum of sixty cents (60t) pe~ front foot along Topanga Drlve and Hardin9 Drive for tree ,:~~~?t~.ing purposes. ~~. 7hat the owner of subject property shall pay tc the Ci[y o€ Aneheim the appropriate park and recreation tn-Ileu fees as determined to be approprlate by the City Cauncil, said fees to be paid at the time [he building permit Is issued. 5. That subJect propert~ shall be developed substant+ally in accordance with plans and specificat(ons on file wiih the City of Anaheim marked Exhibit Nos. 1 through ?. -2- RESOLUTIO,~ Na. PC77-48 6. That Cond'Ition ~Jos. 1, ~, and 3, above-mentioned, shall bc cc~mplied with prior to the commencement of the activity authorized under t'h7s reso~ution, or prior to [he time that the bu('Idi~g pe*mit is fssued, or within a perdod of one }~~ar from date hemeof, whichever occurs firsE, or such fur[her time as thr., Ple~ninn Commission and/or City ~ouncil may grant. y 7. That Condition T~o. 5, abcve-m~ntioned, sha11 be complfed with prior to final building an~ zoning inspectinn5. THE FOREGOIi~G RESt)tiUTIOt~ is signed and approv by rne [Fis ?.3th day of February, 1977. ~ , , ti t~ ATTEST: ~-• ~ /~~ ~ ~~-~'~.~~J ~~-6~~.J SECRE~lARt~, At1RHEIN C TY PLAr~ti4f~G ~0!~.~1ISSIOFt STATE OF CALIFORhIA ~ COUNTY OF ORAtjGE ),s, CiTY OF At~AHEiM ) (a Pa[ricia B. Scv,n'lan, 5ecretary of the Anaheim City Plannir,g Cortimission, do hereby cer[ify that the fore9oing resolurtion was passed and adop:ed at a meeting of the Anahefm City Placaing C~ommiss~on, hcld on February 29, 1477, at t:3n p,m., by the following 4ote of tP~e members thereof: AYES: CO`1NISS90NERS: DAUID, HERB5T, KIING, ~MORLEY, TOLAR, JOHt15~~1 fJOES: COH!415510PIERS: NONE AEiSEIiT: COM~1i55l~Ot1ER5: 6ARNE5 I~J WIThE55 ~~INEREOF, I havc hereunto set my ha,nd this 28th day of February, ~977. r--, ( ?"~L~:~ uttJ~ ~j-~'CL-s~~tiic.~ SECRETARK, ANANEIM CITY P;.ANNING C~MMISSION -3- RESOLUTION N0. PC77-48