PC 80-243~
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RESOLUTIOtJ ~an. ~c 8o-2~E3
A RESOLUTIOtI OF THE API/~iEl~1 CITY PL/11JtlItJG COMt11SSI0N
TII/1T PETITIOId FOR VAP,IAPlC[ PJO. 31i~! BE GRAIJTED
blHEREAS, the Ananeim City Planning Commission did receive a verified
Petitiun for Variance from RAF/1EL FEP.tdANDt~ A~JIi ESTtI[R FERtJAP1DE7., 1~34 Camden Place,
Fullerton, California 92G33, m~~ners of certain real property situated in the City of
Anaheim, Cuunty of Orange, State of Cal~forn:a, described as:
Lot 17 of block A, tract 530, as per map recorded in book 20,
pages 10 of miscellaneous maps, filed in tl-~e office of the county
recorder of said county.
4lHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on December 15, 1980! at 1:30 p.m., notice of said
public heariny having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 12.03. to hear and consider
evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; anci
WhIERE.AS, said Coinmission, after due inspection, investi9ation and study made
by itself and in its benalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the petitioner proposes waivers of the fallo~oing to construct a
second detached single-family swelling in the RM-2400 (Residential, Multiple-Family)
Zone:
A. SECTIOP~ tu.27.061.030 - Minimum buildinq site area.
~5000 s uare feet per unit required;
2~-Z8 sQUare feet proposed)
B. SECT1014 15.27.(1G2.03~ - tlinimum floor area.
1225 square feet per unit r~:quired;
705 and 5 square feet proposed)
C. SEC710N 1~.27.~~G3.030 - Minimum rear yard.
5 feet required;
none existing)
D. SECTION 18.27.066.010 ~ Minimum number of arkin spaces.
enclosed spaces required;
2 enclosed spaces proposed)
2. That the proposed waivers are hereby yranted on the basis that denial
would deprive subject property of privileges being enjoyed by other properties in the
same zone and vicinity.
3. That there are e;cceptional or extraordinary circumstances or conditions
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 vicinity and zone.
PcBo-243
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4. That tlie requesteu variance is necessary fo~ the preservation and
enjoyment af a substantial property right possessed by other property in the same
vicinity and zone, ar.d denied to tlie property in question.
5. That the requested variance will not be materially detrimental to the
public ~aelfare or injurious to the property or improvements in such vicinity and zone
in which the property is locatecl.
6. That no one indicated their presence at said public fiearinq in
opposition; and that no correspondence was received in oppcsition to the subject
peCition.
E(JVIRON~1EhlTAL IMPACT FIPJDING: That the Anaheim City Planning Commission has
reviewed the proposal to construct a detached single-family dwelliny in the RM-2400
(Residential, Multipie-Family) Zone with waivers of minimum building site area,
minimum floor area, minimum rear yard and minimum number of parking spaces on a
rectangutarly-shaped parcel of land consisCing of approximately $73L square feet,
having a frontage of approximately 50 ~eet on the west side of Sabina Street, having
a maximum deptfi of approximately 11$ feet and being located approximately 1~f0 feet
south of the centerline of La Palma Avenue (g11 Idorth Sabina Street}; and does hereby
approve the ~legative Declaration from the reguirement to prepare an enviranmental
impact report on th;~ basls that there would be no significant individual or
cumulative adverse environmental impact due to t5e approval of ~his Negative
Declaration since the Anaheim General Plan designates the subject oroperty for medium
density land uses commensurate with the proposal; that no sensitive environmental
impacts are involved in tfie proposal; that the Initial Study submitted by the
petitioner indicates no significant individual or cumul~tive adverse environmental
impacts; and that the Negative Ueclaration substantiating the foregoing findings is
on file in the City of Anaheim Planning Department.
NOW, TtiEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
doas hereby grant subject Petition for Variance, upon the following conditions which
are hereby found to be a necessary prerequisite to ti~e proposeJ use of the subject
property in order to preserve the safety and general welfare of the Citizens of the
City of Anaheim:
t. That the oo-mer(s) of subject property shall deed to the City of Anaheim
a strip of land 10 feet in widtli from the centerline of tl~e alley for alley widening
purposes.
2. That subject property sliali be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
and 2.
3. That Condition tJo. 1, above-mentioned, shall he complied with prior to
the commencement of the activity authorized under this resolution, or prior to the
time that the building permit is issueci, or within a period of one year from date
hereof, whichever occurs first, or such furtlier time as the Planning Commission may
grant.
4. That Condition No. 2, above-mentioned, shall be compi'ed with prior to
final building and zoning inspections.
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BE IT FURTHER RESOLV~D that the Anaheim City P)anning Commission does hereby
find and deterriine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of coMper,ent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null ~nd void.
TIIE FOREGOIPlG RESOLUTIOtJ is signed and approved by me this 15th day of
December, 1980.
ATTEST:
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CHA I Rt4AP1, AtJAHE I t1 C I TY PLANFI I P!G COMM I ON
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SECRETARY, APJAHEIM CITY PLAtJNI~dG COMMISSION
STATE OF CALIFORNIA )
COUPJTY OF ORANGE } ss.
CITY OF AtdAHElt1 )
I, Edith L. Harris, Secretary of the Ana(~eim Ctty Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held cn December 15, 1980, by the following vote
of the members thereof:
AYES: COh1MIS510NER5: BARIJES, BOUAS, BUSHORE, FP.Y, IC(NG, TOLAR
P~OES: COMMISSION[RS: N0~lE
ABSENT: COM1115SIOPlERS: HERBSi
~~~~ ~1)TN[SS !~1HEP.EOF, t have hereunto set my hand this 15th day of December,
1980.
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SECRETAR , At~AHEIM CITY LA(•!N NG C~MMISSION
"3" PC8o-243