PC 79-24RESOLUTION N0. PC 79-24
RESOLUTION OF THE ANAHEIM CITY PLANNING COHMISSION
THAT PETITICN FOR YARIANCE N0. 3073 BE GRANTED
WNEREAS, the Anahetm City Planning Commission d!d recelve a verifted
Petition for Variance from MARK R. AND KATHLEEN A. EGGEN, A04 North West Stree[,
Anaheim~ Caiifornia 92801, orm ers of cer[aln real proper[y situated in the Ctty of
Anahelm, County of Orange, State of California descrtbed as:
The Southerly 70.00 feet of the Northerly 153.0~ feet of that
portlon of Lo[ 38 of Anaheim extenslon in the City of Anaheim, as
shown on a map of survey made by uilliam Hamel and filed in the
office of the County Recorder of Los Angeles County, California, a
copy of which ts shown in Book 3, Page 163 et seq. entitled "Los
Angeles Coun[y Maps" in the office of the County recorder of said
Orange County. described as follows: Beglnning at the Northwest
corner of said Lot~ thence Easterly 328.471 feet along che
Northerly line of said Lot; thence Southerly 66;.073 `eet paraltel
with the Westerly line of satd Lot; thence Wtsterly 328•k71 feet
parallel wtth said Northerly lfne to said Westerly ilne; thence
Northerly 663.073 feet along saTd uester7y line to the point of
beginning.
WHEREAS~ the City Planning Commission did hold a public hearing at the Glty
Hall in the City of Anaheim on January 29, 1979. at 1:30 p.m.. no[ice of saTd public
hearing having been duly give~ as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18,03, to hear and co~sider
evldence for and a9ainst said proposed variance and to Tnvestigaie and make findings
and recormendations in connection therewith; and
NHEREAS~ said Canmission~ af[er due i~speccian, investtgation an~ stndy made
by itself and in its behalf, and af[er due consideration of all evidence a~d reports
offered at satd hearing, does find and determine the fallowing fac[s:
1. That the petitioner proposes waivers of the followin9 to establish a 2-
lot subdivision:
a. SECTION 18.25.061.010 - Minimum lot area.
~10 ~000_ ~s uare ~e~~et required;
7~65 square feet proposed)
b. SECTION 18.25.061.020 - MinTmum lot wldth.
90 eet requ~a;
15 and 55 feet proposed)
PC74-2~
_ _ __..a
2. That the above-mentioned walvers are hereby granted on the basls that
the extsting parcel is twice the minimum size permttted in the RS-10.000 Zone. and
that other nearby propertles have similarly sized lots wtth narrow widths ar.d denial
would be depriving subJect property of privtleges being enJoyed by other properties
Tn the same zone and vicinity. Petittoner stipulated to providing a 20-foot wide
driveway on parcel "B".
3. That waiver (b) is granted for a ninimum width of 20-feet to provide
adequate driveway width to Parcel "8" and that Parcel "R" will therefore have a
minimum width of 50 fee[, as stipulated to by the peti[ioner.
4. That there are exceptional or extraordtnary circumstances or condittons
applicable to the property involved or to the intended use of the property that do
not apply generally to the property or class of use in the same vicinlty and zone.
5. That the requested variance is necessary for the preservatlon and
enjoyment of a substantial property right possessed by other property fn the same
vicinity and zone, and denied to the proper[y in question.
6. 7hat the requested vartance Ntll not be materiatly detrimental to the
public welfare or injurtous to the property or lmprovements in such vicinity and zone
tn which the property is located.
7. That no one indicated thelr presence bt said public hearing In
opposition; and tha[ no correspondence was received in opposltion to the subject
petitlon.
ENVIRONMENTAL IMPACT FINDING: The PTan~ing Otrector or hts authorized
representat ve has determined that the proposed proJect falls within the definition
of Ca[e9orical Exemp[tons, Class 3, as defined in Paragraph 2 of the City of A~aheim
Environmental Impact iieport Guldel(nes and ts. therefore~ categorically exempt fram
the requirement to prepare an EIR.
NOW~ THEREFORE, BE iT RESOLVED that the Anaheim CTty Plannfng CanmissTon
does hereby grant subject Petitton for Variance. upo~ the following conditions which
are hereby found [o be a necessary prerequisite to the proposed use of the subject
property in order to preserve the safety and generai wclfare of the Citizens of the
City of Anahelm:
1. That sidewalks shall be installed along West Street as reqNired by the
Ctty Engineer and tn accordance with standard plans and speciftcatlons on f(le in the
Office of the City Englneer.
2. That the owner(s) of subJect property shall pay to the City of Anaheim
the sum of ninety-five (95L) cents per front foot along West Street for tree ptanting
purposes.
-2- Pt79-24
3, That drainage ef subject property shatl be dfsposed of in a manner
satisfactory to the City Engineer.
4, That a parcel map, to record the approved division of subJect
property shall be submitted to and approved by the Ctty of Anaheim and then be
recorded in the office of the Orange County Recorder; prtor to the lssuance of a
bullding permit.
5, That the owner of subJect property shall pay to the City of Anahelm the
appropriate park and recreation in-lleu fees as determined to be approprtate by the
Clty Council, safd fees to be paid at the time the bullding permit is issued.
6. That the owner(s) of subJect propercy shall pay the traffic stgnal
assessment fee (OrdTnance No. 3896) amounttng to 536.00 per each neW dwelling unTt
prior to the Issuance of a building permit.
7, That subJect proper[y shali be developed substantially in accordance
with plans and specTftcations on fila wlth the City of Anahetm marked Exhibit Nos. i
through 3: Provided, however, that the minimum loc aidchs will be 50 feet for Parcel
"A" and 20 feet for Parcel "B".
S. That CondiLlo~ No. 2, above-mentioned, sha11 be complied Nith prior to
the commencement of the activity authorized under this resolution, or priar to the
time that the building permit (s issued~ or within a perlod of one year from date
hereof, whtchever occurs first, or s~ch further time as the Planntng Commisslon may
grant.
9, That Condiclon Nos. 1. 3 and 7. above-mentloned. shall be complied with
prlor to final building and zoning InspectTons.
BE IT FURTHER RESOLVED that the Anahelm City Planning CommTssion dxs hereby
find and d~[ermine that adopifon of this Rasolutlon is expressly prcdicated upon
appllcant's compliance wtth each and all of the condTtTons hereTnabove set forth.
Should any such conditlon. or any part thereof, be declared invalid flr unenforceable
by the final Judgment of any court of competent JurisdictTon. then this Resolutton,
and any approvals herein contained. shall be dee~ned null and vo1d.
THE FOREGOING RESOLUTION is signed and approved by me this 29th day of
January- 1919. /
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fiMAN, A M CI Y PLANNING COMMISSION
ATTEST:
~
SECRETARY, NAHEIM CITY PLANNING.COMMISSION
-3- PC79-24
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i, Edith L. Harris~ Secretary of the Anaheim tity Planntng Car,mission, do
hereby certify that the foregoing resoTutTon Nas passed and adopted at a meetTng of
the Ana;~etm Clty PlannTng Commission held on January 29, 1979, at 1:30 p.m., by the
foilowing vote of the members thercof:
AYES: COMMISSIONERS: BARNES. BUSNORE~ HERBST. JOHNSON~ KING, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COliMIS510NER5: DAVID
1979.
IN WITNESS WHEREOF. 1 have hereunio set my hand th(s 29th day of January,
~~ ~• ~
SECRETARY, ANAHEIM CITY 1AN41NG CUMMI5510li
-~- PC79-24