PC 78-283RESOLUTION N0. PC 78-283
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMNISSION
THAT PETITION FOR VARIANCE N0. 3066 BE GRANTED
WHEREAS, the Anaheim City Planntng Commission did receive a verified
Petition for Variance from EBRAHIM AND SALLY ANN TAL£BI, 27695 TorTJa~ Misston VieJo,
California 92675. owners. and HARVEY BROWN, 1031 Nest Whittier ~oulevard, La Habra,
California 90631, agent, of certain real property situated in the City of Anaheim.
County of Ora~ge~ State of Californla described as:
The South 75 feet of Lot 10 of Tract No. 796, in the City of
Anaheim, as shown on a Map thereof recordcd tn Book 24, Page 28~
Miscellaneous Haps, records of said Orange County; and Parcel 1:
The Northerly 43.5 feet of Lot 10 and the Southerly 31.5 feet of
Lot 9 of Tract No. 796, in the County of Orange, Stace of
California, as per map recorded in book 24, page 28 of
Miscellaneous Maps, records of satd County; and Parcei 2: That
portion of Lot 1 in Block A of Tract No. 706~ in the City of
Anaheim as per map recorded in baok 24, page 28 of Mtsceltaneous
Maps in the office of the County Recorder of said County,
adJoining Lots 9 and 10 of sald Tract lying Southeriy of the
Nesterly prolongation of a line North of and parallel wich the
South li~e of Lot 9. 3~.50 feet, except the South 75.00 feet
thereof.
WHEREAS. the City Planning Commission d(d hold a public hearing at che City
Hall in the City of Anahelm on December 4. 1978, at 1:30 p.m., notice of said public
hearing havtng been duly give~ as required by law and in accordance wi[h the
provisions of [he Anaheim Municipal Code, Chap[er 18.03~ to hear ar,d consider
evTdence for and agalnst sald proposed variance and to invesiigate and make find7ngs
and recommendations in connection therewith; and
NHEREAS~ said Commission, after due Inspection, tnvestigation rnd study made
by itself and in its behalf~ and after due consideratlon of ali evidence and reports
offered at said hearing. does find and determine che fo1loHTng facts:
1. That the petitioner proposes a waiver of the following to construct a
30-unit apartment canplex:
SELTION 18,34.066.012 - Re uired t• e of arkln s aces.
car orts re uired; subterranean parking garage
proposed
2. That the above-mcnttoned watver is hereby granted on the basis that a
subte~ranean parking garage wfll enclose and screen parked vehicles sTmilarly to
carports.
PC78-283
3. That Lhere are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the Tntended use of the property that do
not apply generally to the property or class of use in the same vicinity and zone.
4. That [he requested varlance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same
vicinity and zone, and denied to the proper[y in question.
5. That the requested variance will not be materially detrimental to the
pubiic welfare or injurlous to the property or improvemen[s Tn such vTcin(ty and zone
in which [he property is located.
6. That no one Tndicated their presence at said public hearing in
opposition; and that no correspondence was received in opposftion to the subject
petition.
ENVIRONMENTAL IHPACT FINDING: That the Anaheim City Planning CommissTon has
reviewed the proposa to rec assify subject property from the RS-A-43,000
(Residenttal/Agricultural) to the RM-1200 (Residential, Hultiple-Family) Zone to
construct a 30-u~it apar[men[ complex with waiver of the required type of parking
spaces on a rectangularly-shaped parcel of land consisting of approximately 1.0 acre,
having a frontage of approximately 150 feet on the west side of Webster Avenue,
havTng a maximu.n depth of approxTmately 295 feet, and being located approximately
1Q55 feet south of the centeriTne of Orange Avenue; and does hereby approve Che
Negative Declaration from the requirement to prepare an environmental impact report
on the basts that there would be no signlfican[ indivldual or cumulative adverse
environmental Tmpact due to the approval of this Negative Declaration since the
Anaheim General Plan designates thc subJect property for medlum-density restdentfal
land uses commensurate with the proposal; that no sensi[ive envlronmental impacts are
involved in the proposal; that the Initlal Study submitted by the petitloner
indicates no significant Individual or cumulative adverse environmental impacts; and
that the Ne9ative Declaratton substantiattng the foregoing findings Is on file Tn the
City of Anaheim Planning Department.
NOW~ THEREFORE, BE IT RESOLVEO that [he Anahelm Lity Planning Cortmisston
does hereby grant subJect Petition for Variance, upo~ the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject
property tn order [o preserve the safety and general welfare of the Citizens of the
CTty of Anahetm:
1. That this Yariance is granted sub,ject to the completton of
Reclassiftcation No. 78-79-24, now pending.
2. That subJect property shall be develoaed substantially in accordance
wtth plans and specifications on file with thc City of Anahetm marked Exhibit Nos. 1
through 8.
6E IT FURTHER RESOLVEO that the Anahelm City Planning Commisslon does hereby
find and determine that adoptlon of this Resolution is expressly predicated upon
appllcant's compliance with each and all of the condltions herelnabove set forth.
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Should any such condTtion, or any part thereof, be dcclared invalid or unenforceable
by the final judgment of any court of competent Jurisdictlon, then this Resolutton,
and any approvals hercln contatned, shall be deemed null and vold.
THE FOREGOING RESOLUTIOq ts signed and approved by me this Ath day of
December, 197~.
~ AN, E M TY NING COMHISSION
ATTEST:
(e 11~U~tw.~.~
~~C E'AR , AtlAHE I ~ C I Y LANN 1 NG COMM I SS I ON
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I~ Edtth L. Harris, Secretary of the Anaheim Ctty Plann(ng Commission, do
hereby certify tha[ the fore9oing resolution was passed and adopced at a meeting of
the Anaheim CTty Planning Canmtssion held on December 4, 1978, at 1:30 p.m.~ by the
follorring vote of the mem6ers thcrcof:
AYES: COMMI55lONERS: BARNES, BUSHORE, DAVID~ KING, TOLAR
NOES: COMMISSIONERS: HERBST
ABSENT: LOMMISSIONERS: JOHNSON
IN 1JITNE55 I~MEREOF~ I have hereun[o set my hand this 4th day of December.
1978.
~r~ .t~ ~lQ,~.~.~:~,
~ECRETAR . ANAHEiH CITY LANNING CONMiSSION
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