PC 78-128RESOLUTION N0. PC 78-128
A RESOLUTION OF THE ANAIfEIM CITY PLANNING LOMMISSION
THAT PEi1TI0N FOR VARIANCE N0. 3014 BE GRANTEO
1IHEREAS. [hc Anahetm C:ity Planning Commission did receive a verifled
Petition for Varience from JAMES HOPPS ANn GEOP.GE OLSEN~ 544 North Cypress, Orange~
Californla 92666, owners, and AL FINK~ 494g Warner Avenue, Huntington Beach,
California 92680, (agent) of certain real property situated irt thc City of Anaheim~
Coun[y of Orange. State of Californla described as:
LOT 12 OF THE SMITH b DEAHS RESUBDIVISION OF THE SOUTH 404.08 FEET
OF BLOCK "A" Of THE HOTEL DEL CAHPO TRACT, IN THE CITY OF ANA~:EIH,
COUNTY OF ORANGE, STATE OF CALIFORNIA~ AS SNOWN ON A MAP RECORDE~
IN BOOK 4, PAGE 31 OF MISCEl.LANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CALIFORHIA,
11HEREAS. the Cicy Planning Commission did schedule a public hearing at the
Cit/ Hall in the City of Anahetm o~ June 5, 1°78, at 1:30 p.m.~ notice of said publlc
heartng having been duly given as required by law and in accordance wlth the
provisions of the Anaheim Mu~tcipal Code, Chapter 18.03, co hear and consider
evidence for and against said proposed vartonce and to lnvestlgate and make findtngs
and recommenda[ions in connectlon therewith; said public hearEng having been
co~tinued to the Planning Commisston mceting of June 1?~ i978, and
HHEREAS~ said Commisslon, after due inspectio~. tnvestlgatton and study rnade
by itself and in its behatf, and after due consideration of ali evidence and reports
offered at satd heartng, does f(nd and determine the folloNing facts:
1. Tha[ the petitloner proposes waivers of the following to construct a 3-
building, 12-unit apartment complex:
(a) SECTION 18,34.063.011 - Minimum fronL setback.
20 eet re ulred;
1 eet proposed
(b1 SECTION 18.34.0~3.032 - M(ntmum recreationai-lelsure area er uni[.
~ QO s uare tet requ re ;
93 square ect proposed)
(c) SEZTION 18.34,065.020 - Minimum wldth of edestrlan accesswa .
eet requ re ; 1 oot p~•opose
(d) 5ECTION 18.34,06b.062 - Re utred vehicular access to garages.
access rom a~le requtred;
access rom pub c street proposed)
2. That the above-meniton~d Naiver (a) Is hereby granted on the basts that
a hardshtp exists in that the front setback depth Is reduced by the six (6) feet
required for the future wtdening of Broadway and that the tTmTng of satd widening is
unsure at this time,
3. That the above-mentloned walvers (b) and (c) are hereby g~anted o~ the
basis that the petttioner demonstraied that a hardshlp exists In chat subJect
PC78-t28
property consists of three lots each having an existing non-conforming Nidth of 50
feet instead of 70 feet as required by Code, and, therefore. the development
potential of the property ls substantlally restricted.
4. That ihe above-mentioned watver {d) ts hereby granted on the basis that
only four ~~) garages will takc access from a public strcet and that the traffic
along sald street (Melrose Street) is minimal and will not be adversely lmpacted by
the cars backing out from the subJect oroperty.
5, That the proposed walvers are hereby granted subJect to the stipulatlon
by the petitioner to provide an irrevocable offer of dedication fior an additlonal six
(6) feet for the widening of Broadway to lts ultimate width.
6. That there are exceptional or extraordinary circumstances or condittons
appiicable to the property tnvolved or to the intended use of the propcrty that do
not apply generally to the property or class of use in the same victnlcy and zone.
7. That the requested variance is necessary for the preservatton and
enJoymen[ of a substantlal property right possessed by other property in the same
vicinity and zone, and denied to the property Tn question.
8. That the requested variance Nill not be materially detrimental to the
public welfare or inJurious to the property or improvements in such vlcini[y and zone
in which the property is located.
9. That no one tndicated their presence at said public hearing in
oppositlon; and that no correspondence aas received in opposl[lon to the subject
petition.
ENVIRONMENTAL INPACT FINDING: That che Anaheim Ctty Planning Commission has
~eviewed the subJect proJect to construct a 3-bullding, 12-unti apartment complex
with Haivers of minimum front se[back, minimum recreationat-letsure area per unlt.
minimum width of pedestrian accessway, and required vehicular access to garages on a
rezLangularly shaped parcel of land consistine of approximately Q.4 ac~e located at
the northwest corner of BroadNay and Melrose Street and having approximate frontages
of 150 feet on the norih side of Broadway and 144 feet on the west side of Meirose
Street; an~ does hereby approve [he Negative Declaratlon fra~ the requirement to
prepare an environmental impact report on the basis that there would be no
signtflcant individual or cumulative adverse envlronmental impact due to the approval
of this Negatlve Declaration stnce the Anaheim General Plan designates the subJect
property for medium density residentlal land uses commensurate with the proposal;
that no sensitlve environmental lmpacts are involved in the proposal; that the
Initial Study submitted by the peti[toner indicates no slgnTficanc indTvidual or
cumulative adverse environmental tmpacts; and that the NegatTve Declaration
substantiating the foregoing findings is on file in the City of Anaheim Pianntng
Department.
NOW, TME~EFORE, BE IT RESOLVED that the Anaheim City PlannTng Commission
does hereby grant subJect Petitlon for Variance, upon the foliowing condTtlons whtch
are hereby found to be a necessary prerequislte to the proposed use of the subJect
property (n order to preserve the safety and general welfare of thc Ci[izens of the
Clty of Anaheim:
1. That the ormer(s) of subject property shali provide an irrevocable
offer of dedicatTon [o the City of Anahefm for a strip of land sixty-fou~ aad one
-2- PC78-128
quarter (64.25) feec in wldth from the centerline of the street along Broadway for
street widening purposes.
2. That trash storage areas shall be provided in accordance with approved
plans on file wlth the Office of the Dlrector of Public Works.
3. That subJect property shal) be developed substantially In accordance
Nith pla~s and specifieatlons on file with the Lity of Anahelm marked Revlsion No. 1,
Exhibit Nos. 1 through 7,
4. That Conditton No, i, above-mentioned, shall be canplled Nith prior to
tFe commencement of the acttvity authorized under this resolutTon, or prior to the
time that the building pcrmic is issued, or wlihin a period of one year from date
hereof~ whichever occurs first. or such further ttme as the Planning CarcnissJon may
grant.
5. That Condition Nos. 1 and 2~ above-mentioned, shall be complied wtth
prior to final building and zoning inspectlons.
BE iT FURTHER RESOLVED that the Anahetm Clty Planning Comm(ssion does hereby
find and detcrmine that adoption of this Resolu[ion is expressly predicated upon
applicant's compliance xith each and all of the condittons hereinabove set forth.
Should any such condition, or any part the~eof~ be declared tnvalid or unenforceable
by the final judgment of any court of tonpetent Jurtsdiction, [hen this Resolutlon,
and any approvals hcrein containeo, shall be deemed null and votd.
THE FOREGOING RESOLUTION is signed and approved by me this 19th day of June
1978.
~~ v ~~~
CH IRMAN~ N I1EIH CIT LANHiNG COMMISSION
ATTEST:
~~ ~ ~,~..~.~
SECRETF~R`Y, F~HRFfEfH CIT LANNIHG COMMISSION
57ATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss,
CITY OF At1AHE1M )
I, Edith L. Harrts, Secretary of the Anaheim Ctty Pianning Cammissian, do
hereby certify that the foregoing resolutiort was passed and adopted at a meeting of
the Anahelm Gity Planning Co~mtsston held on June 19. 1978. at 1:30 p.m., by the
followi~g vote of the members thereof:
AYES: COMHISSIONERS: BARNES~ DAVID, HERBST~ JOHHSON~ KING. LItJtJ~ TOI.i1rZ
NOES: COMHISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN IJITNESS NNEREOF, 1 have hereunto set my hand this 19t5 day of June~ 1978.
~~ ,l.°'d~a~~,
SECRETARY~ ANAHEIM CITY PLANNING COrir115S10N
-3- PC78-128