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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