PC 78-67RESOLUTION N0. PC78-67
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMHISSION
AHENDING KESOLUTION N0. PL 75-273, ADOPTED IN
CONNECTION WITH VARIANCE N0. 2740
WHEREAS, the petitioner submitted a request for an amendment to the
conditions of approval contalned in Plann(ng Commlssion Resolutlon No. PC75-273
granted tn connectton with Variance No. 2740 on property described as a
rectangularly-shaped parcel af land conststing of approxlmately 1.8 acres~ having a
frontage of apFroxlmately 176 feet on the west sidc of Knott Street~ havTng a maximum
depth of approximately 442 feet. and being located approximately b50 feet north of
the centeriine of Orange Avenue; and
WHEREAS, the petitioner requests deletfon of the foliowing conditions
contalned in the above-referred to resolution:
(a) Condttton No. 4 which states, "that a final [ract map of subJect
property shall be submitted to and approved by the City Council and
then be recorded in the Office of the Orange Lounty Recorder."
(b) Condttion No, 6 which states. "that the final tract map shali be
recorded within a period of one year fran the date of approval and
prior to the sale of any individual lots in the subdiviston."
FURTHER, the petitioner requests amendments to the folloHtng conditions:
(a) Condttion No. 5 which states, "[hat all lots in subJect proJect shall
be served by private utilities in appropria[e easements wtth Joint
agreements as approved by the Ctty Attorney, and that said easements
shall be filed and recorded in the office of the Orange County Recorder
concurrently ritth the finai tract map, to be amended by eliminating the
phrase: "concurrently with the final tract map".
(b) Condltion No, 3 which states, "[hat Conditlon Nos. 1, 3 and 7 shall bc
complied wfth prfor Co the approva( of a final tract map" to be amended
to read: "that Condttior~ Nos, i, 3, 5, and 7 shall be complled with
within a perlod of one year from the date hereof."
WHEfiEAS; the Anahelm Clty Planning Commisslon did hold a public hearing at
the City Hall in the C(ty of Anaheim on April 10, 1978, at 1:30 p.m., notlce of said
public hearing having been duly gfven as required by law and in accordance with the
provisions of the Anaheim Municipal Code, to hear and consider evide~ce for and
against sald proposal to amend and delete condittons of approval of Variance No.
2740. and to I~vestigate and make ftndings a~d recommendattons in connection
therewith; and
WHEREAS. satd Lommission, after due Inspectior.. invCStigation and study made
by ltself and in its behalf~ and after due consTdera[ion of all evidence and reports
offered at said hearing~ DOES HEREBY FIND:
1, That no one appeared at said public hearing in opposition to the
proposal and that n~ correspondence was received In oppositton to the
subJect petition.
PC~B-67
2. That the subject propcrty is currently developed with 32 multlple-
famiiy residences and is zoned RM-1200 under Reclassification No. 64-
65-1 (effective January 4, 1966).
3. That portions of subJect property have apparently been sold to
different indtviduals without the benefit of a legal recorded
~ubdlvtsion.
4. Tha[ subject request was originally initiated by the present property
owner to permit the sale of each 4-uni[ structure located on 2 separate
parcels of land.
5. That the petitioner proooses an amendment to the conditions of approval
which would deletc requirements relative to the fiiTng of a fTnal tract
map on the basis that the necessary signatures of the benefTctal
property owners as of 1975 would be needed~ and ihose signatures are
not obtalnabic.
E. Tha[ the City Attorney concurs with the petitioner's request, that the
proposed amendments appear appropriate on the basis of a similar case
(Keizer V. Admas, 88 Lal. Rptr. t83., Sup. Ct. - 1970) in ahich the
court Naived the requirement to flle a tract map when [he signa[ures of
the prevtaus owners could not be obtained.
ENVIRONMENTAL IMPACT FINDING: A Neqative Declaration was certified in
connection with subJect variance on Oecember 22~ 1975 and it is hereby determined
that the proposed amendments to the conditions of approval do not significantly alter
the origtnat proposal and [hat therefore no further accion regarding ihe negacive
declara[ton is necessary.
NOW, THEREFORE, BE IT RESOLVED [hat the Anahetm City Planntng Commtssion
does hereby grant pe:itfon for the deletion and amendment of conditions of approval
in connection wlth Variance No. 2740. subject to the following conditions~ as
renumaered:
i. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Director of Public Works.
2. That flre hydrants shall be installed and charged as required and
determined to be necessary by the Chief of [he Fire Depar;ment prtor to commencement
of structural framing.
3. That dralnage of subject property shall b~ disposed of In a manner
satisfactory to thc Li[y Engineer.
4. That all lots in subJect proJect shall be served by private utilities
in ap~ropriate easements with Joint agreements as approved by the City Attorney. and
that sald easements shall be fiied and recorded in the Office of the Orange County
Recorder.
5. That subJect property shali be developed substanttally in accordance
wlth plans and speciftcatfons on flle with the Clty of Anahetm marked Exhibit Hos. 1
through 7.
-2- Pc78-57
6. That Condition Nos. 1, 3, 4 and 5, abAVe-mentloned, shall be complied
with within a period of one year from date hereof.
THE FOREGOING RESOLUTION is signed and approved by me this lOth day of
Aprtl, 1978.
~~ ~.~P~.~ ~G%~G1
CH~IIR AN~ ANAHEIH CI PLANNIHG LOMMISSION
ATTEST:
~~ ~ 7~~i,u.~.:-
SECRETARY ~ ANAHE IM L ITY PLANN I ~~G C01!M I 551011
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIH )
1, Edith L. Harris. Secretary of the Ar.aheim Ctty Planning Commisslon. do
hereby certify that [he foregoing resolucion was passed and adopted at a meetTng of
ihe Anaheim City Planning Cortmission held on April 10, 1978, at 1:30 p.m „ by [he
following vote of thr members thereof:
AYES: COMMISSIONERS: BARNES. DAVID, HER65T, JOHNSOtI, Y.Itif,~ TOLAR
NOES: COHMISSIONERS: NONE
ABSENT: COMMISSIONERS: LINN
IN WITNE55 WHEREOF~ i have hercunto set my hand this tOth day of Aprii,
1978.
`~.Ef~t~-• .i~ ?~Q.1,L~:,
SECRETARY, ANAfiEIN CI'fY PLANNING COMMISSION
-3- PC78-67