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PC 79-79RESOLUTION N0. PC 79-79 A RESOLUTION OF TNE ANANEIM CITY PLANNING LOHNISSION THAT PETITION FOR VARIANLE N0. 3091 BE GRANTED WHEREAS. the Anaheim Ctcy Planning Commission did receive a verified Petitlon for Variance from CITY OF ANAHEIM, 106 North Claudina Streec, SuTte 607. Anaheim, Californfa 92805. owner, and OWEN CAZIER. 5731 5[anton Avenue, 8uena Park. California 90621, agent, of ccrtain real property sttuated in thc City of Anahelm. County of Ora~ge. State of Cal(fornia described as: That portton of the East half of the Northwest quarter of the Southwest quarter of the Northa~est quarter of Section 13, Township 4 South. Range il West, in the Rancho Los Coyotes, as shown on a Map recorded in Book 51, page 11 of Hiscellaneous Maps, records of Orange County, California. lying Northaesterly of the Northwest line of lot B of Tracc ko. 2655. as shotim on a Map thereof recorded in Book 79, pages 1, 2, 3 and 4 of Miscellaneous Maps, records of Orange County, California. Exceating therefrom that portion conveyed to the Orange County Flood Control Oistrict by deed recorded February 10, 1961 in Book 5625, page 512 of Offictat Records of Orange County, California. blMCREAS, the City Planning Corrmission did hold a public hearing at the City Hall in the City of Anaheim on April 23. 1979. at 1:30 p.m „ ~otice of said public hearing having been duly given as reautred hy IaH and in accordance with ihe provisions af the Anahelm Municipal Code, Lhapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make flndings and recommendattons in connection [herewlth; and WHEREAS, said Commisslon, after duc inspectton, Investigation and study made by itself and tn its behalf~ and after due consfderatton of atl evidence and reports offered at said hearing, does find and decermine the following facts: 1. That the petitioner proposes a waiver of the following to construct a 4-unit apar[ment building: SECTION 18.34.062.012 - Maximum buildinq he( ht. ~1 stor pern tte w thin 150 feet of single- am~ iTy residential zoning; 2 stories oroposed) 2. That the above-menttoned waiver is hereby granted on ihe basis that the petitioner demonscrated [hat a hardship exists due to the unusual trtangular shape of subject property. satd property being separated frdn RS-7200 zoning by the existing 75-foot wide Carbon Creek Channel; and on the basis thai other properties Tn the same zone a~d vlcinity have been developed ~ith 2-story apartment butldinqs which are also loca[ed less than 150 feet from RS-7200 zoning. 3. That there are exceptional or ex[raordinary circumstances or conditions applicable to [he property involved or to the intended use of the property that do not apply 4enerally [o the proper[y or class of use 1~ the same victni[y and zone. PC79-79 4. That ihe requested variance is necessary for the preservatton and enjoym~nt of a substantlal propcrty rtght possessed by other property in the same vtcinity and zonc, and denled to the property In ques[ton. 5. That the rcquested varfance will not be materlaliy detrimental to che public welfare or injurious to the property or improvunents in such vtcinity and zone in whtch the property is located. 6. That no one indicated their presence at said public heartng in opposition; and that no correspondence Has received tn opposition to the subJect peti[ton, ENVIRO~~MENTAL IHPACT FItIDING: That the Anaheim [(Ly Planning Commisston has reviewed t e proposa to rec ass fy subJect property from the RS-A-43~000 (Residential/Agrictul[urai) Zone to the Ry-12~~ (Residen[(al, Multiple-Family) 2one to construct a 4-unit apartment complex With Nalver of maximum building height on an irregularly-shaped parcel of land consisting of approxinately O.G acre, having a frontage of approximately 175 feet on the south side of an alley located southwesi of the southwesterly cul-de-sac terminus of floyd Avenue, having a maximum depth of approximatcly 109 fcet a~d being located approximately 328 feet east of the cen[erllne of Beach Boulevard; and does hereby approve the Negattve Declaration from the requlre~nen[ to prepare an envtronmcntal impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of [his Negative Decl~raiton since the Anahelm Ge~eral Plan destgnates the subject property for medium density residential tand uses cor.mertsurate ~([h the proposal; that no sensitfve envlronmentai impacts are invoived in the proposal; that the Inltlal Study submitted by ihe petitioner indicatez no significant individual or cumulative adverse environmental impacts; and that the Negative Decla~ation substantiating the foregoing findt~gs is on ffle in the Lfty of Anafieim Planning Department. NOW. THEaEFORE, BE IT RESOLVED tha[ the Anahetm Lity Plann(ng Cortmisston does herehy grant subject Petition for Varlance. upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subJect property in order ta preservc .hc ssfety Znd qeneral xcl,`arc of Lyc titizrns of Lhe Ctty of Anaheim: l. That this Variance is granted subjec[ [o the completion of Reclassification No. 78-79-42, now pending. 2. That the amer of subject property shall pay to the City of A~aheim the appropriate park and recreation in-lteu fees as detcrmined to be appropriate by the C1[y Council. said fees to be paid at the time the bullding permit is issued. 3. That the ow~er(s) of subJect proper[y shall pay the traffic signal assessment fee (Ordinance No. 3896) tn an amounY as determined by the Ctty Counctl, for each new drrelling unit prior to the issuance of a buliding permit. 4. Tha[ trash storage a~eas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 5. That subJect property shall be develooed substantially t~ acco~dance Hich plans and spectfications on file wich the CTty of Anahetm marked ExhibTt No. 1, -2- PC79-19 6, That CondTtion Nos. 4 and S, above-mentloned. sha11 be complied NT:h prior Co final building and zoning inspections. BE IT FURTHER RESOLVEO that the Anahelm City Planntng Cammission does hereby find and determine that adoptton of this Resolution Is expressly predica[ed upon applicant's compliance Wtth each and a11 of the condttions hereTnabove set forth. Should any such condition, or any part thereof, bt declared lnvalid er unenforceable by the final Judgment of any court of competent Jurisdiction, then this Resolution~ and any approvais herein contained. shall be deemed null and void. 7HE FOREGOI~IG RESOLUTION fs signed and approved by mc thts 23rd day of April. 1979. . r,~ AI !7AN, ANAH M ITY PLANNING COMMISSION ATTEST: ~e.~ ~° ~J.~.~.,~. SECRETARY~ ANAHEIM CITY PLANNING LOM"IISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris~ Secretary of the Anshein City Plannin9 Cor~"tsslon. do hereby certify that the foregoing resolu[to~ Nas passed and adopted at a meet)ng of the Anaheim City Plan~ing Commissia~ held on Apri) 23, 1~79. by the follo~+tng vote of the members thcreof: AYES: COM)115510NER5: BUSHORE, OAViD, HERBST, JOHN5011. KIt1G. 70LAR NOES: COMMISSiONEilS: NONE ABSENT: GONMISSIONERS: BARNES !t! WlT4E55 wNEaFOF, I have hereunto set my hand this 23rd day of April. 1919. ~a(d,~ ~ ~Lvw w ~ _ SECRETAliY, ANAMEIM CI PLANNING COMMISSION _3_ PC79-79