PC 79-68RESOLUTION N0. PC 79-68
RESOLUT IOtI OF TItE APIAHE 1!1 C ITY PLANN I ~Ir, CONH I SS ION
THAT PETITION FOR VARIAt~CE N0. 3~~2 BF GRAtITED
WHEREAS, the Anahelm City Planning Commission dtd receive a verified
Petition for Variance from RICFIAP.D HYDE AND ROfSERTA HYDE BOTTEMIILER, 576 South Fifth
Street, Apartment No. 15, 5an Josc, California 951~2, owners, and SMITLEY b
ASSOCIATES, 1415 East Collins Avenuc, Orange, Lalifornia °2G67, a9ent, of certain
real pr~perty situated in the City of Anaheim, County of Orange, State of California
described as:
Lot i of Tract 5444, tn the Lity of Anaheim~ County of Orange.
State of California, as shown on a map theretn recorded in book
210, pages 28 and 29, Hiscelianeous Maps, records of said Orange
County.
WHEREAS, the City Planning Commtssion did schedule a public hearing at the
City Hall in the City of Anaheim en March iZ, 1q79, at 1:;0 p.m., notice of said
pubifc hzaring havi~g been duly g(ven as required hy iar. and tn accordance wtth the
provisions of the Anahetm Municipal Code, Chapt~r 1S.a3, to hear and consider
evidence for and against said proposed variance and to investlgate and make findings
and recortvnendations in conneccion therewith; said public hearing having been
continued to the Planning Commisston meeting of March 26, 1979. and
41HERE/15, said Commission, after due inspectton, investigatlon and study made
by itself and in i[s behalf. and after due consideratlon of all evidence and reports
offered at safd hearing, does find and determine the followin9 facts:
1. That the petitioner proposes a waiver of the following to establish a
13-lot subdivision consisting of 10 RP1-1200 (Residential, Multiple-Family) fourplex
lots and 3 CL (Commercial, l.imited) lots:
SEC710N 18.34.061.020 - Minimum lot width.
fi eet required; f~ lo[s
ran9ing from 54 to 5 eet proposed)
2. Tha[ the above-men~toned waiver is hereE~y granted on the basis that
othe~ identically zoned lots in the area have been subdivided with similar lot widths
a~d that denial would. therefore, be deprtving subJect Rroperty of privileges being
enJoyed by other properties in the same zone and vicinity.
3. That there are exceptional or extraordinary circumstances or conditions
applica6le to the property involved or to the intended use of the peoperty that do
not appiy ge~erally to the property or class of use in the same vicinity and zone.
4, That the requested variance is necessary for [he preservatlon and
enJoyment of a substantial property right possessed by other property In the same
vicinity and zane, and denled to the property ln questlon,
PC79-GE
5. That the requested var(ance will not be materially de[rimentat to the
public welfare or tnJurious to the property or improvements in such victnity and zone
in which the property is located,
6. That 1$ persons indicated thefr presence in oppositton at the first
public hearing; that no one indicated their presence at the second pubilc hearing;
and that two letters r~ere received in opposition to the subject petit(on,
EtIVIRONMENTAL I'1PAC7 FINDI~~~: That the Anaheim Lity Planning Commission has
reviewed the proposa to estab sh a 13~1ot subdivision consisting of 10 RM-1200
(Residential, Multiple-Family) fourptex lots anJ 3 CL (Commercial, Limited) lots with
waiver of minlmum lot o-~idth on an irregularly-shaped parcel of land consisting of
approxima[ely 3.° acres tocated at the nortti-east corner of Lincoln Avenue and
Wilshire Avenue, having approximate frontages of 191 feet on the north side of
Lincoln Avenue. 190 feet on the east side of Wi)shire Avenue, 709 feet on [he east
and nortii sides of Pearl s[reet, and 271 feet on the west cul-de-sac termtnus of
Diamond Street; anJ does hereby approve the Negative Daclaration from the
requirement to prepare an environmental impact report on the basis that there would
be no significant individual or cumulative adverse envtronmental impac[ due [o the
approval of thfs Negative Declaration since the Anahelm General Plan designates the
subject property for gerterai commerciai a~d medfum density residenttal land uses
commensurate with the proposal; that no sensitive environmental impacts are involved
in the proposal; that the Initial Study submitted by the petiitoner tndicates no
significant individual or cumulative adverse environmental impacts; and that the
Negative Daclaration substantiating the foregoing findings is on file in the City of
Anaheim Plannin9 Department.
NOW, THEREfORE, BE IT RESOLVED that the Anaheim City Plannfng Commission
does hereby gran[ subJect Petltion for Variance, upon the followtng conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject
property in order to preserve the safety and general welfare of the Lttizens of the
City of Anaheim:
1, That subJect property shall be developed substantially in accordance
wi[h pians and specifications o~ file viith [he Ci[y of Anaheim markeJ Exhibi[ iio. 1.
Revision No. 1 of Er.hibit Nos. 2 and 3, and Exhtbit Nos. 4 through 17.
2. That the owner(s) of subject property shall pay the traffic signal
assessment fee (Ordinance No. 3896) In an amount as determined by the Clty Council~
for each new dwelling unit prior to the issuance of a building permlt.
3, That Condition No, i, above-mentioned~ shall be complied with prior to
final building and zoning inspec[tons.
BE IT FURTHER RESOLVED that the Anaheim City Plannin9 Commission does hereby
find and determine that adop[ion of th(s Resolution is expressly predicated upon
appllcant's compliance with each and all of the conditions hereinabove set forth.
Should any such co~dttion, or any part thereof~ be declared Invalfd or unenforceable
by the final Judgment of any court of competent Jurisdiction, then this Resolution,
and any approvals hereln contained, shall be deemed nuil and void.
-2- PC79-68
t .
THE FOREGOING RESOLUTION ts stgned and approved b me this 9th day of April,
ig79.
~---~fiA I , N I Y L N I NG OMM S ON
ATTEST:
1 ~4. rt /D~/~i1.t.s.
SECRE~AR , NAHEIM ~ LAN ING COMMISSIQN
STATE OF CALIFORNIA ~
COUNTY OF ORANGE } ss.
CITY OF ANAHEIM )
I, Edith L. Narris. Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anahelm City Planning Coronisslon held on April 9, 1979, by the followin9 vote of
the members thereof:
AYES: COMMISSIONER~: BUSHORE~ DAVID, HERBST, JOHNS0~1, KING
NOES: COMHISSIOPlERS: NONE
A85ENT: COMMISSIONERS: BARNES, TOLAR
IN 111TNE55 WHEREOF, I have hereunto set my hand thts 9th day of April, 1979•
`~ ~. .~ .° ~a,~,~.:..
SELRE ARY~ ANA EIM CITY PLANNING COMMISSION
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