PC 80-8RESOLUTION NO. PC80 -8
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE MO. 3128 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from PAUL T. AND MONICA F. NAGATA, 289 Paseo Rio
Blanco, Anaheim, California, 92807, owners, and BLUE RIBBON BUILDERS, INC., 1135 West
Katella Avenue, Orange, California 92667, agent, of certain real property situated in
the City of Anaheim, County of Orange, State of California, described as:
Lot 37, in Tract 8080, in the County of Orange, State of
California, as per map recorded in Book 343, Pages 22 and 23 of
Miscellaneous Maps, in the Office of the County Recorder of said
county.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on January 14, 1980, 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; 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:
1. That the petitioner proposes a waiver of the following to permit a room
addition to an existing single- family residence:
SECTION 18.27.062.020 - Maximum lot coverage.
(35% permitted;
2Y proposed)
2. That the above- mentioned waiver is hereby granted on the basis that the
petitioner demonstrated that a hardship exists in that the proposed waiver is minimal
3. That there are exceptional 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.
4. That the requested variance 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.
PC80 -8
5. That the requested variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone
in which the property is located.
6. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: The Planning Director or his authorized
representative has determined that the proposed project falls within the definition
of Categorical Exemptions, Class 3, as defined in Paragraph 2 of the City of Anaheim
Environmental Impact Report Guidelines and is, therefore, categorically exempt from
the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant 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:
1. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Mo. 1.
2. That Condition No. 1, above - mentioned, shall be 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 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 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 14th day of
January, 1980.
ATTEST:
did 1 ' ,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
CHAIRMAN, ANAHEIM CIT PLANNING COMMISSION
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PC80 -8
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 January 14, 1980, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BUSHORE, DAVID, FRY, HERBST, KING, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
1980.
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of January,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC80 -8