PC 80-135RESOLUTION NO. PC 80 -135
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE M0. 3163 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from MICHAEL HALLE, ET AL, 2601 East Chapman Avenue, Suite 107,
Fullerton, California 92631, owners, and WILLIAM DIEHL, BOYER ENGINEERING CO., INC.,
180 East Main Street, Suite 110, Tustin, California 92680, agent, of certain real
property situated in the City of Anaheim, County of Orange, State of California
described as:
PARCEL 1: The East one -half of Lot 17 of Tract 743, in the City
of Anaheim, as per map recorded in book 22, page 10 of
Miscellaneous Maps, records of said Orange County; and
PARCEL 2: The West one -half of Lot 17 of Tract 743, in the City
of Anaheim, as per map recorded in hook 22, page 10 of
Miscellaneous Maps, records of said Orange County.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 11, 1930, at 1:30 p.m., notice of said public
hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; said public hearing having been
continued to the Planning Commission meeting of August 25, 1980; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
(a) SECTION 18.31.061.012 - Minimum lot area per dwelling unit.
(3000 square feet required;
2490 square feet proposed)
(b) SECTION 18.31.062.012 - Maximum structural height.
(1 story permitted within 150 feet
of RS -A- 43,000 Zoning;
2 stories proposed at 18.5 feet)
(c) SECTION 13.31.062.020 - Maximum site coverage.
(d) SECTION 18.31.063.024 - Minimum landscaped setback.
(20 feet required adjacent to RS - - 4300 Zoning;
12.5 feet proposed)
(e) SECTION 18.31.063.031 - Minimum recreational- leisure area.
(f) SECTION 18.31,066.010 - Minimum number and type of parking spaces.'
(g) SECTION 18.31.068 - Required site screening.
PC80 -135
2. That the above - mentioned waivers (a), (b) and (d) are hereby granted on
the basis that the petitioner demonstrated that a hardship exists in that denial
would deprive subject property of a privilege being enjoyed by other property under
identical zoning classification in the vicinity; and also that waivers (a) and (d)
are minimal and that the adjacent RS- A- 43,000 zoned properties are designated for
low - medium density land uses.
3. That the above mentioned waivers (c), (e), (f) and (g) are hereby
denied on the basis that revised plans were submitted by the petitioner deleting the
need for said waivers.
4. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use, as granted, of the
property that do not apply generally to the property or class of use in the same
vicinity and zone.
5. That the requested variance, as granted, is necessary for the
preservation and enjoyment of a substantial property right possessed by other
property in the same vicinity and zone, and denied to the property in question.
6. That the requested variance, as granted, will not he materially
detrimental to the public welfare or injurious to the property or improvements in
such vicinity and zone in which the property is located.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRON?IENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to reclassify subject property from the RS- A- 1 !3,000
(Residential /Agricultural) Zone to the RM -3000 (Residential, Multiple- Family) Zone to
establish a 1 -lot, 10 -unit condominium subdivision with waivers of landscaped
setback, minimum recreational- leisure area, minimum number and type of parking spaces
and required site screening on a rectangularly-shaped parcel of land consisting of
approximately 0.77 acre, having a frontage of approximately 158 feet on the south
side of Savanna Street, having a maximum depth of approximately 213 feet and being
located approximately 350 feet west of the centerline of Knott Street; and does
hereby approve the Negative Declaration from the requirement to prepare an
environmental impact report on the basis that there would be no significant
individual or cumulative adverse environmental impact due to the approval of this
Negative Declaration since the Anaheim General Plan designates the subject property
for low- medium density residential land uses commensurate with the proposal; that no
sensitive environmental impacts are involved in the proposal; that the Initial Study
submitted by the petitioner indicates no significant individual or cumulative
adverse environmental impacts; and that the Negative Declaration substantiating the
foregoing findings is on file in the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant, in part, subject Petition for Variance, upon the following
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
Citizens of the City of Anaheim:
- PC80 -135
1. That this Variance is granted subject to the completion of
Reclassification No. 80 -81 -4, now pending.
2. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Executive Director of Public Works.
3. That subject property shall he developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Revision No. 1
of Exhibit Nos. 1 and 2.
14. That Condition Nos. 2 and 3, above- mentioned, shall he complied with
prior to final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that the adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any condition or any part thereof, he declared invalid or unenforceable by the
final judgment of any court of competent jurisdiction, then this Resolution, and any
approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 25th day of
August, 1980.
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN PRO TEHPORE
ANAHEIM CITY PLANNING COMMISSION
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on August 25, 1980, at 1:30 p.m.,by the
following vote of the members thereof:
AYES: COMMISSIONERS: BARNES, ONSHORE, BOUAS, FRY, HERBST, KING
NOES: COMMISSIONERS: NOME
ABSENT: COMMISSIONERS: TOLAR
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of August, 1980.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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