PC 78-231RESOLUTIOt~ N0. PL 78-231
RESOLUTION OF THE At~AHEiM CITY PLANNING COMNISSION
THAT PETITI04 fOR VARIANCE N0. 3044 BE GP.AtITED
WHEREAS, thc Anahefm City Planning Commission dld receive a ver(fied
Pe[ition for Variance frcxn YOUNG F. ANO LUCINDA J. HP.MMATT, 1548 l1. Orangewood
Avenue, Anah~im, California 92802, owners, and JOH~J f. SWIt~T, 707 West North Street,
Anaheim, California 92805, agent, of certain real property situated in the City of
Anaheim, County of Orange, State of California described as:
The North 34S feet of the West 125.17 feet of tne Northeast
quarter of the Northeast quarter of the Southwest quarter of
Section 28, in Township 4 South, Ranae 10 Wes[, In the Rancho Las
Bolsas, in ihe City of Anaheim, as shown on a map thereof recorded
(n book 51, page 10, Miscellaneous Maps, records of said Orange
County. The North 256 feet of the East 1 1/2 acres of the
Northwe3t quarter of the Nor[heas[ auarter of the Southwest
quar[er of Section 28, in Township 4 South, Rangc 10 West, San
Bernardino Base and Heridlan, in the County of Orange, State of
California.
WNEREAS, the City Planning Commisslon did schedulc a publfc hcaring at [he
City Hall in the Ci[y of Anaheim on August 28, 197II, at 1:30 p.m., noticc of said
public hearing having been duly given as reaulred by law and in accordance with the
provisions of thc Anaheim Municipal Code, Lhapter 18.03, to hcar and consider
evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; said public hearing havtng been
continued [o the Plannfng Commission meeting of October 9, 1978, and
WHEREAS, said Commission~ after due inspectton, investiga[ion and study made
by itself and in its behalf, and after due consideratio~ of all evtdence and reports
offered at said hearing, does fi~d and determ(ne the folloNing faccs:
1. That ihc pcLltloncr proposes a waiver o! [h.: foTiowiny to es[abiish a
7-lot, RS-7200 subdivision:
(a) SECTION 18.01.130 - Re uir~men[ that all lots abut a ublic street.
5 lots without public street rontage proposed)
(b) SECTION 18.26.OG1.020 - Minimum lot width and frontaqe.
70 ec[ on a public streeL reautred;
5~feet on a private street proposed.)
(c) SECTION 18.26.OG5.010 - Requlrement that stnqle-family residences
rear-on arterlal hiqhwa s.
2 s c-on res dent n ots proposed)
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2. That the above-mentioned waiver (a) ts hereby granted on the basis that
a private street is proposed In place of a public street and will provide the
necessary accesstbility to all lots for comparable single-fam(ly developments.
3. That the above-mentioned o~aiver (b) is hereby granted on the basis that
the petitioner demonstrated 2hat a hardship exists in that the wide~ing or Orangewood
Avenue narrowed subject property, thereby restricting tts development potentia) and
that Lots 2, 3, 6 and 7 wfll have a minimum width of 65 feet each on a private
street.
4. That the above-mentioned waiver (c) is hereby granted on the basis that
nearby and existing lots are developed as both side-on and front-on to Orangewood
Avenue and [hat deniai would deprive subJect property of privileges enjoyed by other
properttes in the same vicinity and zone.
5. That the proposed variance is hereby granted subject to the
petitioner's stipulations that the proposed private street shall 6e widened from 28
to 36 feet from curb to curb and that said screet shall be malntained by a
homeowner's association.
6. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to thc intended use of the property that do
not apply generally to the property or class of use in the same vicinity and zone.
7. That the requested variance is necessary for the preservatfon and
enjoyment of a substantial proper.ty right possessed Ey oiher proper[y in the same
vicinity and zone, and denied to the proper[y In question.
8. That the requcsted varfance will not be materlally detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone
in which the property is located.
9. That no one indicated their presence at said public hearing in
oppositiors; and thai no correspondence r:as received tn apposiLio~ Lo Lhe subject
petition.
ENVIRONMENTAL IMPACT FIND~NG: That the Anaheim Lity Planning Canmission has
reviewad the proposal to reclassify subJect prope~ty fron the RS-A-43.OU0
(Residencial/Agricultural) to the RS-7200 (Residential, Single-Famlly) zone to
establish a 7-l0[, ti5-7200 subdivision with watvers of requirement that all iots abut
a public street, minimim~ iot width a~d frontage and the requirement that single-
family residences rear-on arterial highways on an irregularly-shaped parcel of land
consisting of approximately 1.6 acres, having a frontage of approxtmetely 224 feet on
the south side of Orangewood Avenue, havtng a maximum depth of approxtmately 303
feet, being located approxlmately 529 feet west of the centerlTne of Ninth 5treet,
and does hereby approve the Negative Declaration from the requirement to prepare an
environmental impact report on [he basis that there would be na sTgnificant
lndtvidual or cumulative adverse envlronmental impact due to the approval of this
Negative Declaration since the Anaheim General Plan designates the subJect property
for low-density residential land uses commensurate with the proposal; that no
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sensitive environmental tmpacts are involved in the proposal; [hat the Initial Study
submitted by the petitioner indlcates no significant Tndividual or cumulative
adverse environmental impacts; and that the Negative Declaration substantiating the
foregoTng findings is on file in the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVE~ that the Anahetm Citv Planning Commfssion
does hereby grant subject Petitton for Variance, upon the following conditions whlch
are hereby found to be a necessary prerequisite to the proposed use of [he subject
property in order to preserve the safety and general welfare of the Citiz~ns of the
City of Anaheim:
1. That this Variance ts granted subject to the completion of
Reclassification No. 78-79-20, r.~! pending.
2. That the owner(s) of subJec[ property shali pay the residential trafffc
signal assessmen[ fee (Lounr.111 Policy No. 214) arwunting to $36.00 per each new
dweiling unit prior to the lssuance of a building permit.
3. That prior to filing the final [ract map, the applicant shall submit to
the City Attorney for approval or denial a complete synopsis of *_he proposed
functioni~g nf the operattng corporation (homeowner's associatton), including but not
limited to the arttcles of incorporation, bytaws, proposed nethods of management~
bondin9 to ensure maintenance of common property (the proposed prtvate street and the
parkway in Orangewood Avenue) and buildtngs. and such other information as the Cicy
Attorney may desire to protect the City, its citizens and the purchasers of the
proJect.
4. That subJec[ property shall be developed substantially in accordance
with plans and speciffcattons on file with [he Cicy of Anaheim marked (Revision No.
1) Exhibit No. 1.
BE IT FURTHER RESOLVED thai the Anahelm Ci[y Planning Commission does hereby
find and determine that adoptfon of thts Resolutton is expressly predlcated upon
applicant's compliance wtth each and alt of the conditions hereinabove set forth.
Shoutd any such ccnditian, or any part thereo`, be declared invaTid or unenforceabie
by the final judgment of any court of competent Jurfsdiction, then thts Resolution,
and any approvals herein contained, shall be decmed null and vold.
THE FOREGOING RESOlUTION ts sTgned and a pr ved by me thls 9th day of
October~ 1978. ~
H IRt1AN~ ANA CITY LAHNING LOMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY~LANNING COMMISSION
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STATE Of CALIfORN1A )
COUNTY OF ORANGE ) ss.
CITY OF RNAHEIM )
1, Edith L. Harris, Secretary of the AnaheTm City Planning Commission~ do
hereby certify that the fore9oing resolutTon was passed and adopted at a meeting of
the Anahetm City Planntng Comm(ssion held on October 9, t978, aC 1:30 p.m.~ by the
follcwin9 vote of the members thereof:
AYES: COMMISSIONERS: BARNES, BUSHORE. DAVID~ HERBST, JOHNSON* KING~ TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
t978.
IN wITNE55 NFIEREOF. I have he~eunto set my hand this 9th day of October,
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SECRETARY~ ANAHEIM CITY PLANNING COHMISSION
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