PC 78-120RESOLUTION N0. PC78-120
RESOLUTION OF TtiE AMAHEIM CITY PLANNING COMMISSION
THAT fETIT10N FOR VARIAYCE N0. 3018 BE GRANTED
WHEREAS, the Aneheim Ctty Planning Commission dld receive a verified
Petitton for Variance from J. F. SHEA COMPANY, INC., 655 Brea Lanyon Road, Walnut,
California 91789, owner, and OONN D. FISHER, 240 Termino Avenue, Lon~ Beach,
California 90803. agent, of certaln real property situated in the City of Anaheim,
County of Orange, State of Californta described as:
lot 14 of Tract No. 9685 as shown on a Map recorded in book 417.
pages 36 and 37 of Official Records, in [he County Recorders
office of said Orange County.
WHEREAS, the City Ptanning Commfssion did hold a publtc hearing at the Lity
Hall tn the City of Anahelm on June 5, 1978, at 1:30 p.m., notice of said public
hearing having been duly given as requlred by law and in accordance with the
provisions of the Anahetm Municipa) Code, Chapter 18.03, to hear and consider
evidence for and against sald proposed variance and to investtgate and make find(ngs
and recommendatlons ln 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, dces find and determine the following facts:
1. Th^t che petitioner proposes a waiver of the folloaing to construct a
combination n~sonry block and wrought iron fence:
SECTIOt~ 18.04.043.101 - Maxlmum fence he-~1 h-t.
2 nches per~tted; 72 inches proposed)
2. Tha[ the proposed varianc~ fs hereby granted, subJec[ to petitioner's
stipulation to relocate the proposed fence five (5) feei in from the property line in
order to no[ encroach tnto the u[ility easement located adJacent to Greenwich Street.
3. That the above-men[ioned waiver is hcreby grant~d on the basis that the
petitioner demonstr'ated that a hardshtp exists in that subJect property is an
irregulariy-shaped reverse corner cul-de-sac lot and the proposal will provide
maximum use of the no~therly sideyard and will not restrict vtsibility along the
adJacent st~eets because the solid masonry block portion of the proposed fence ts
only G2 inches htgh and will be topped by a 30-inch Hrought iron work fence which
does not adversely Tmpact the line-of-stght along said streets.
4, That there are exceptlonal or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property tha[ do
not apply generally to the property or class of use in the same vtclnity and zone.
5, That the requested variance ts necessary for the preservation and
enJoyment of a substanttal property right possessed by other property in the same
vicinity and zone, and denied to [he property in question.
PC78-120
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6. That the requested varlance wtll not be materially detrlmental to the
pubi~:- welfare or injurious to the property or improvements In such vicinity and zone
(n whlch the property is located.
7. That no one indicated [heir presence at safd pubilc hearing in
opposition; and that no correspondence was recetved in opposltion to [he subJect
petition.
ENVIRONMENTAi. IHPALT FINDING: The Planning Director or hTs authorized
representat ve has determined that the proposed proJect falls within the deftnltion
of Lategorical Exemptlons, ~lass 5, as defined in Paragraph 2 of the City of Anaheim
Environmental Impact Report Guideiines and is. therefore, categorically exempt from
the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commtssion
does hereby grant subJect Petition for '~ariance, upon the following condttions which
are hereby found to be a necessary prerequisite to the proposed use of the subJect
property in order to preserve the safety and ge~eral welfare of the Citizens of the
City of Anahelm:
1. That the owner(s) of subJect property submi[ a letter requesting the
termination of Condltional Use Pe~mit No, l4qq.
2. That subJect property shali be developed substantially in accordance
with plans and spectfications on file with the City of Anaheim marked Exhibit Nos. 1
and 2; provided, however, that the fence shall be consiructed five (5) feet In from
thc property line.
3. That Condition No. 1, above-menttoned~ shall be complied with prlor to
the commencement of [he activity authorized under this resolution, or prlor to the
time that the building permit is lssued, or within a period of one year from date
hereof, whlchevar occurs first, or such further time as the Plannl~q Commission may
grant.
4. That Condition No. 2, above-mentloned, shall be complled with prior to
final building and zontng inspections.
BE IT fURTHER RESOLVED that the Anaheim City Planning Commisslon does hereby
flnd and determine that adoptlon of this Resolution Ts expressly predicated upon
applica~t's compiiance with each and all of thc conditlons he-reinabove set forth.
Should any such condltlon, or any part thereof, be declared invalid or unenforceabte
by the fTrsai Judgment of any court of competent JurisdTction, then this Resolution,
and any approvals herein contained, shall be deemed null and void,
1978.
TNE FOREGOING RESOLUTfON is signed and approved by me this Sth day of June
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CHA- R~MAN, ANAHEIM CI1 PLANNING COMMISSION
ATTEST:
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~ECTE~ . ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Edith L. Harris. Secretary of the Anaheim City Planning Commission. do
hereby certify that the foregotng resolution was passed and adopted at a meeting of
the Anaheim City Planning Cormission held on June 5~ 1978, at 1:30 p.m.~ by the
following vote of the members [hereof:
AYES: COMMISSIONERS: DAVID, NERBST~ JOHhJ50N, KIt~G, LINN, TOLAR
NOES: COMMISSIOt~ERS: BARNES
ABSENT: COMMISSfONEftS: NONE
IN WITNESS WHEREOF~ 1 have hereunto set my hand this Sth day of June, 1978.
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SECRETAR , ANANEIIq CI~ LANNING COMMISS~
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