PC 78-95t , ~
-,
~ - r, . .
V ~
RESOLUTIOq N0. PC 78-95
A RESOLU710N OF THE ANANEIM CITY PLANNING COMMfSSION
THAT P~TITION FOR VARIANCE N0. 3010 BE GRAtITED
WHEREAS, Lhe Anaheim City Plannino Commtssion did receive a vertfied
"etlilo~ for yai•lance frcrn IRENEO G. AND EMELITA A. MUNOZ, 1303 Jasmine Place~
Anarc.im, Calffornia ?2801, oaners of certain real property situated (n the City of
Anafieim, County ofi OranaP, State of C~liforn3a described as:
Lots 12 and 13 in Block A of Lorelel Tract, as pPr map racorded in
book 29 page 2'~ of Mlsce)laneous Maos. in the offtca of [he couniy
recorder of said county.
WHEREAS. the City Planning Commission did hold a public hearing at the Gft~
Hall in the Lity of Anahetm on May 8, 197$, at 1:30 p.m., notice of saTd public
hearing having been dul/ given as required by law and frt accordance wfih the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and agatnst satd proposed variance and to investigate and m~ke findtngs
and recommenda[tons in connection therewith; and
utfEREAS. said Conmisston, after due inspectton, investigation and study made
by itself and in its behalf, and after due considera[ion of all evidence and reports
offered at saEd he~rinq~ does find and determine [he folloNing facts:
1. That the petitioner proposes a waiver of the following Co establish a
commerclal use in a residential structure:
SECTIOt~ 18.06.060.022 - liintmum number of arkin s aces.
s aces requ red; 5 spaces ex sting)
2. That tho above-menticned waiver ts hereby granted on thc basts that the
petitioner demonstrated that a hardship cxists fn that denial of requested waiver
would be denying a prtvtlege enjaycd by a[her Rroperties in the same zone ancf
wicintty in that surrounding proacrties are slmitarly developed with a similar ratio
of parking spaces to floor area.
3. That there are exceptional or extraordtnary circumstances or conditions
applicable to che property fnvolved or to the fnxended use of [he proper[y that do
not apply generally to the property or class of use in the same vicinity and zone.
4. Th.;t the requested varPance is necessary for the preservatton end
enJoyment of a substantial property right possessed by other property in the same
vTcinity and xone, and dented to the proper;y in questton.
5. Thac the requested variance will not be materlally detrimental to the
pubitc welfare or InJurious to the prope~ty or improvements ln such vlclnity and zone
(n which the property is located.
b. That no one Indicated their presence at sa(d pu~fic hearing in
oppositlon; and that no correspondence was received in opposttion to the subJect
petftton.
Pt78-95
y , 1
ENVIRONMENTAL IMPACT FINDING: T~e Planning Dtrector or hts authorized
representat ve has determ ne that the proposed proJect falis within the definitton
of Categorlca) Exemptlons~ Class 1~ as defined in Paragraph 2 of tMe Ctty of Anahetm
Envtronmenta) Impact Report Guldelines and is, thtrefore, categarically exempC firom
Lhe requtranent to prepare an EIR.
NOW, THEREFORE~ BE IT RE56LVED that the Anaheim City Planning Co~mtssion
does hereby ~rant subJect Petitton for Variance. upon the foilowin4 condltions whtch
are hereby found to be a necessary prerequisite to the proposed use of the subject
property in order to preserve [he safety and gcneral r~lfare of [he Gittzens of the
City of Anaheim:
1, That this Variance is granted subJect to the completion of
Reclassification No. 67-68-100, now pending.
2, That subject property shall be developed substantiatly tn accorda~ce
with plans and specifications on fite with the City of Anaheim marked ExhibTt No. 1.
3. Tha[ Conditlon No. 1, above-mentioned. shall be compited with priar to
the comr~ncement of the activity authorized under this resolution. or pr'or to the
tiR~ that che butlding permit Is issued. or within a period of one year fran date
hereof, whichever occurs firsi. or such further time as the Pla~ning Lammtssion may
grant.
4, Tha[ Condition No. 2, above-mentloned. shall be canplled Nith prior to
flnal buildtng and zoning inspections.
BE 17 FUR7HER RESOLVED that the Anaheim Clty Planning Commisston does hereby
flnd and detcrmine that adoption of this Resolution is expressly predicated upon
applican['s compliance with each and all of the canditlons herelnabove set forth.
Should any such condition~ or any part thereof~ be declared tnvaltd o~ unenforceable
by ths final Judgment of any court of cornpetent jurisdiction, then this ReSOlution,
and any approvals herein contained~ shall be deemed null and void.
~978.
THE FOREGOING RESOLUTION is signed and approved by me this 8th day of May,
W RO 0 E
A~7AHEIM CITY P~ANNING COMMISSIOk
ATTEST:
~ ~
~~'~90 N~ AHEIPt~Y LANNING CONMISSION
-z- Pc78-95
, ~,, ,./
STATE OF CALIFORNIA )
COUNTY QF QR/FFi~E ) ss.
CITY OF AMANEItS j
f, Edith L. Harrts~ Secretary of the Anaheim City Pianning Commlssion, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anahelm Clty Plannirrg Commission held on May 8~ 1918~ at 1:30 p.m.~by the
Following vote of the members Lhereof:
AYES: COMMISSIONERS: BARNES~ DAVID. HERBST. KING
NOES: COMMISSIONERS: NONE
ABSENT: CONHISSIONERS: JOHNSON, IIHN. TOLAR
IN WITNE55 tiiHEREOF~ i have hcreunto set my hand Lhls 8th day of May, 1978,
~~.r.c~. Z°- 7fo.~., .'_ .
SECR~~ARY, JINAME M t i LAN~I ING LOMH ~ IOH
-3- PCIB-95