PC 81-143"ESOL~!TIU!; !lf~. PC~;1-1'i,
_"_'._'_=----~_
`=ESOLUTI~i~I CF THE !1~!,1IIE1~1 CITY PL~~It~irir, C~~+~~ISSI~~I
TfIAT PETITIJ'; FOa ~/.4'I~'ICF ':0, ;'?17 ~E ~nq!!TEfi
WNE'2f:A5, the AnaFieim City Flannin~ Cc.r,nission :tid receive a verified
Petition fqr V~riance frc~m t/ALDRpr, ~OSS, 7~7~ East 1lnndra, Faramount, California
9~%23, c:;ncr ~
agent ~f ' 'n'~ ICHA^D TI^t?p~. ~ni?, ;lorth [a,tsicie, Santa Ana, California ~
~ eerc~in real propert~~ situated in tt~e City o` .4naheir~, 2701,
Statc of California descrihed as:
Countv of Orange,
That portion of t`~^ RancF:o Santi~go de Santa ~~na, in the County of
~Jrangr_, State of
California ~~y ~ee~~a/~~~°rnia, as ac~uired hY the St~te of
Official Reeo~ds in t'ie officr_rocorded in Bonk ~~;,~~ pa~e ~n~ of
County, 5ounded 4/e_st~ r)y Lhe C,ount•+ Re~ord~r of said
described linc: Bcyinnin ~nd Northtires*_erly by t~c f~~ta~.~~~g
P~olongati~n op ~ ~t [he intcrsection of th~ 'lortherly
the ~lortheas~~~ty 1 ine of Starl (nn I,~~y~ r,~ feet
~ride, as sho~m on ~~ap of Tract tln, ~~,~
Fages jc;, }7 and 3r3 of ~tisrel laneo • '~cor-ued in Sook 1a?~
Southerly lin~ op i, us "taps in sa~d offi~~~ ~~~th the
t~3t parcel so ac9uo~ed; t.tience '~ortherly alona
said `lorthc-)Y P~olong~t~on, ~J 3n~ - u
tangent curvc concavc Southca,tcrlv^L ~3 ~~' ~r'~~ f~et to a
fee[; thence !Jcrtheasteri ~~`~ F°~~~"-' ~ radius of 75,,'1n
y`~~ 5'+~', an arc distancc ~i~long said curvc th~ro~c~f~ an a~qj~ of ~~o
~lorthaies[erl 3~•~~ fect to a reverse curve conc~ve
~~ortheastcrly a1on~ 1ast1salcl3~i~~~~~us of i~l+~'~n fcet; thence
13n :firou9'~ an anqle of 4° ~
Sou[fiea~trrlc dl5tance of ;4,7i fc~et t~ a rov~r~.. ~ 4n
~lortheasteriy alany1ulast ~ r'~~iur of ~(n,n'~ f~'et~1 ~thence
2~~~> an arc distance of Z,~~~Sf~et [~rtheth[asterly 71g~A ~ofrJSaid
parcel so acquired.
~•~NEREAS, thc City Ptannfnq Conrission dici hold a
Center fn the City of Anaheim on .1une 1, 1~~31
hearlnn havin , at ~;jn Puhlic hrarirg at the (.ivic
9 been dul~, giv~n n.n,, notice of said public
provisions of the AnaFeim Plunicipal~SCode~urCA~ hY ~o~~ ~~~ ~r accordance o-itth the
evidence f~~ and against said ' ~dPter 1,,'1~~ t~ hear and cons?der
ffndings and recorrner.d~tions in eonPo~[~ion ~~,r~~nce an~1 to investigate and make
continued to the Pir.nning Cor~missic,n ciee[in9'ofcJune~?~~id„~ubllc hearin9 having been
+ ~ •~1; anc+
WHERE/1S~ ;~id Crn;,rnission, ifter dur inspection, inve,tic~ation ond stud m-
~y i[se)f and in i[s bc;hali`, and aft~r du~, c~•nsi;'er,~tion ~f a11 evidence anci reports
offered aL s~id he~irinq, does finr? Y dd~
nn.1 determine ['~e fo)la,•inn f
~cts:
1• That [h~ I`eti:ioncr• r>r~~o:r: ~:~,~iv.,~; nf t~~~, ~~iln;~in~
sinqle-f;~;~i'y residenc, :
~o ccnstruct a
PC(i1-143
(a) SF.CTION lII.?_G.OG1.017. ' t•tinimum lot area.
7,200 square feet required;
5,200 square feet existing)
(b) SECTIOM 13,2G.OE1.02;~ - htinimum lot width and frontage.
70 eet required;
'~et existing)
(c) SECTIOW 1$,26.~63.~~~ - Minimum landscaped setbacF:.
~5 eet required;
1~Tto 2? feet proposed)
(d) SECTIOtJ 1£3,26,~65.~1~ - Permitted orientation.
~ Residence re uired to rear on arterial
highway; ront-on orientation proposed .
Z, That the above-mentioned waivers are hereby c~ranted on the basis that
the petitioner demonstrated that a hardship exists due to the shape and location of
subject property.
3, That there are exceptional or extraordinary circumstances or conditions
app]icable to the property involved or to the intended use of the property that do
not appiy generally to the property or class of u>e in the same vicin(ty and zone.
l~, That the req~ested variance is recessary for the preservation and
enjoyment of a su'~stantial property right possessed by other property in the same
vicinity and zone, and denied to the property in question.
5, That the requested variance will not be materially detrimental to the
public vrelfare or injurious to the property or improvements in such vicinit~~ and zone
in rrhich the property is located,
(~, Th_=.t one person i~dicated their presence at safd public hearing in
opposition; and that no correspondence was received in opposition to tFe subject
petition.
EiJVIROPIMENTAL Ih1PACT FItJDlidC: 7hat the Anaheim City Planning Commisston has
reviewed the proposal to permit construction of a sinole-family residence wtth
waivers of minimum )ot area, minimum lot width and frontage, minimum landscaped
setback and permitted residential building orientation on a~ irregularly-shaped
parcel of land consisting of approximately 5,200 square feet l~cated at the southeast
corner of Riverdale Avenue and Starling lday; and does hereby approve the Negative
Declaration from the re~uirement to preoare an environme~tal impact report on the
basls that tfiere would be no si9nificant individual or cumulative adversr
environmental impact due to the approval of this tlegati•:e ueclarat'on since the
Anaheim General Pian designates the subject propertv for hillst~o low density
residential land uses commensurate ~~rith the proposal; that no sensitive environmental
inpacts are involved in the pro~osai; that the Initial Study submitted by thie
-z- Pc8t-t~r3
petitioner indicat~s no si9nificant individual or cumulative adverse environmental
impacts; and that the i7ec~ative Declaration substantisting thr: foregoing ftndinqs is
on file in the City of Anai;eim Pianning Department.
PlOll, THEREFORE, BE IT RESOLVFD that the Anaheim City Planning Commission
does liereby grant subject Petition for Variance, upon the follovrin~ conditions o~hich
are hereby round to be a necessary prerequisite to the pr~posed use of the subject
property in order to preserve the safety and general welfare of the Citizens oT the
City of Anaheim:
1, That all enyineerin9 :•equirements of the City of Anaheim along
River~ale Avenue and Starling ~~ay, includinq preparation of improvement plans and
installation of all improvements such as curbs and gutters, sidea!alks, street grading
and paving, drainage facilities or other anpurtenant uiorl~, shail be complied with as
required by the City En9ineer and in accordance riith specifications on file in the
Office of the City [ngineer; o~ tliat a bond, certificate of deposit, letter of
credit, or cash, in an amo~nt and form satisfactory to the City of P.naheim shall be
posted with tlie City to yuarantee the installation cf the above-mentioned
requirements prior to oc:cupancy.
2. That the oti•mer(s) of subject property shall pay to the City ot Anaheim
a fee, in an amount as determined by the City Council, for tree ptanting purposes
along Riverdale Avenue and Starling Way.
3. That the a•mer(s; of suhject property shall pay to the City of Anaheim
a fee, in an amount as ~etermined by the City Council, for street lighting along
Riverdale Avenue and Starling Way.
4, That drainage of subject property shall be disposed of in a manner
satisfactory to the City E~9~neer.
5. That the ownzr of subject property sliall pay to the City uf Anaheim the
appropriate parl; and recreation in-lieu fees as determined to be aoororriate by the
City Council, said fees to be patd at the time the huiiding ~ermit is ~ssued.
6. That subj°ct property shall be served by underground utilities.
7. Ihat tlie o~m er(s) of subjec* Property shall pay the traffic signai
assessment fee (Ordinance No. 3~96) in an amount as determined by the City Council,
for each new ~~•lelling unit prior to the issuance of a building permtt.
8, That appropriate water assessment fees as determined by the Office of
Utllities General Manager shall be paid to the City of Anaheim prior to tlie issuance
of a building permit.
9. That a raved vehicular backing area shail be providad on-site adjacent
to the proposed drive~~~ay from R;verdale Avenue in accordance ~~ith the City Traffic
Engineer's recommendatiois.
_3_ PC81-t43
~0. Prior to the issuance of huiidin~ permits, tl~e a~plicant shali oresent
evidence satisfactory to the Chief ~uilding :nspector that tfie proposed residence is
in conformance ~r~ith Council Policy ~Jo. ~1f?, Sound Attenuation in P,esidentiai
Projects.
~~, That subject property shall be developed substantially in accordance
with plans and specifications on file ~~ith the City of Anaheim marked Ex!iibit ~dos. 1
through 3•
~2, That Condition hJos. 1, 2 and 3, above-mentionecl, shall be cor' ~~ rtor
prior to the commencement of the activity authorized under tfiis resolution or p
to the time that the builciing permit is issued, or ~•rithin a period of one year from
date hereof, ~•~hichever occurs rirst, or such further time as the Pianning Commission
may grant.
13, That Condition iJos. if, 6, 9 and 11, above••mentioned, shall be complied
~y~t{~ prior to final building and zoning inspections.
[3E IT FURTHER RESOLVED tliat the Anaheim City Planninci Commission does hereby
find and determine thaY the adoption of this Resolution is expressly predicated upon
applicant's comptiance with each a~d all of the conditions hereinabove set forth.
Should any condition er any part thereof, be declared invalicl or unenforceabic by the
final ju~gment of any rourt of competent jurisdiction, theri tli~s Resolution, and any
approvals herein contained, shall be deemed null and void.
TNE FOREGOING RESOLUTIOPI is signed and approved by me this 2~th day ot June,
t98t.
~ . n ~_-7 (1
~~.~2~. ~ . ~,~'~-
CHAIRMA~d PRO TEFIPORE
ANAHEIM CITY PLANNING CQMMISSION
ATTEST:
____~-a~--~ y~ ~
SECRETARY, ANNnctn ,. ., ~~ANNING COMMISSIOhI
_c,_ PC81-t43
r ....
~
i
~
~
~
STA7E OF CALIFORNIFl )
COUNTY OF ORAP~GE ) ss.
CITY OF AWAHEIM )
i, Edith L. Harris, Secretary of the Anahein City Piannin~ Commission, do
hereby certify that ti:~ foregoin9 resolution was passed and .adopted at a meeting of
the Ananeim City Planning Commission he1C on June ?~, i'=181, at 1:30 p.m., by the
following vote of the memhers tiiereof:
AYES: COMIIISSIOtJERS: BAR~IES, BOUAS, BUSHORE, FP.Y, HEREST, Y.l~I~
NOES: COM!11SSIO~dEP,S: NOPlE
ABSENT: CQMMISSIONERS: TOLAR
ItJ WITNESS WHEREOF, i have hereunto set my hand this 29th day of June, 7981.
~ ~ ~° ~.~
SECR[TARY, ANAHEIM CITY PLA~itlI~IG COMNISSI!1P1
-5- Pc81-~43