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PC 81-179f~[`OLUTIOt! "J0. PC31-17~ A RESOLUTI0~1 OF Tfl[ A~lAHEI~! C'TY PLAN~lIt~~ C011111 5 5 1~~~1 THAT PETITIO~! F02 V~RIA'1C.. '!0. ;23(• F3E GRl1~lTE~ 4~}{F~EAS, the Ananeim City Pla~ninc Conmission di~i receive a vcrified Petition for Variance fron R0~3ERT '1. Ll.OY~, l~~o~~ Dale lvenuc, Spa~e 323~ Stanton, Californfa '30630, oo-m er, and ELM[R ~1EAGHER, 1?141 HarFor fioulevard, Garden Gr~ve, Califiornia ~2(40, agent, of certain real proper[y situated in the City of Anaheim, County of Orange, State of Califorria described as: LOT 10 OF TRA,CT r~o. 2;r. IN THE CITY OF A~lAHEI'1, COIIFITY OF OR1~1GE, STATE OF CALIFORNIA~ ;S SHO~J?~ Ori q~1AP RECORDED !N BOnY, 13 PAGE 25, OF MISCELLR;JEOUS MAPS, RFCORDS ~F ORAtlGE COi~~;TY, CALIFr.q~~~q. WHEREAS, the City Planning Commission did hoid a nuhlic hear(nq at Yhe Civic Center in the Ciry of Anaheim on ~wgust 24, 1^~1, at 1;3~ p,n,~ notice of Sald public hearing having been duly niven as required by law anci in accordanr_e ~•~ith the provislons of the Anaheim r~~~i~~~~~ Ccd~, Ciiapter ,?,~j, to hear and consider evidence for and against said proposed variarce and to investigate and nake findings and recommendations (n connection there4~(th; an~ WHEREAS, said Commission, after due inspection, investigation and study made bY itself and in its behalf, and after due consideration of all evidence and repc,rts offered at said hearir~g, does fin,: 3nd determ~ne the follo~~ing facts: 1. That the petitioner proposes a waiver of the folloti,~in~ [o construct a three-unit apartment con~plex: SECTION 13,32,p51.OlQ - 1lintmurn buildinq site area per da1e111nn unit. Z. 00 s uare eet requtred; z,3 n _-auare eet pro~osed) request fs.minimal rithaa~deviance~from4/Coderamountinnytor~l~ss ~tha~e basis L~at the denial WOL'Id deprive subject pro ert of a 9 v~ a~~ that properties in the same zone and viciPityY Privilege ~einG enjoyed by other 3. T:-at there are exceptional or extraordlnary circumstances or conditions aPplicabie to the property invoived or [o the intended use of the property that do noL aFp)y generally to the property or class of use in th~ san,e vicinity and zone, 4. Tfiat the requested variance is necessiry `or the prec~rvation and enjoymer,[ of a substant(a! property right possessed hv other pronerty in the same vlcini[y and zcne, and dented to the property ir, ques[io~„ 5. That Chc requested variance rrill not ~e materia)1y detrimental to Lhe public welfare or tnjurfous to the pr~party or improvements in such vic(nity and zone fn which the pro,~erty is locate~i, PC81-179 G. That one perso~i indicat~d her presence at sald p~hlic hearing (n oppos(tion; and that no correspnndr_nce ~~las received in opp~sition [o the subject petition. E~lVIROt1HEFaTAL I""PACT FI~dDING: That the Anahcim City Plannin~ Commissi~n has reviea~ed the proposal to construct a three-unit aoartment complax with o-~aiver of minimum huildina site area per dwelling unit on a rectan~ularly-sh.~ned i.arcel of land cons(sting of approximately 7,14C square feet, fiavin9 a rrontage of ap;roximately !~7 feet on the o-;est side of Claudina Street, and being locate~i approximately 367 feet nortF of the centerllne of Vermont Avenue (cs75 South Claudina StrePt); and does hereby approve the ~legative Declaration from the re~uiremen[ to preparc an environmental impact report on tiie basis that Chere would he no s(gnificant inuividual or cumulativ~ adverse environmental impaet due to t~ie anproval of tnis N~gative Declaration since the Anaheim General Plar desinnates ehe subject ~roperty for medium density residentlal land JSP_5 commensurate with the prooosal; that n~ sensi[ive environmental imoacts are involved in thc proposal; that the Initial SCudy submltted by the pe:itioner indicates no significan[ tndtvtdual or cumulative adverse environmental im~acts; and that the Neqative Declaration suhstantiatinq the foregoing findings is on file in the City of Anaheir~ Planning ~e.r.artment. does hereby41gr3~HERuFOP,E` r~tition ~foroVariance, upon`4theefollowinc,,conditlonsmlwhich are hereby found to be a necessary prerequisite to t',e prn~osed use of [he subject property in order to preserve the safety and general ~;clfare ~f the Citizens of thc Cir;i r.f Anaheim: 1. That the o~,~ner(,) of sul-;ect property sha~ 1 pr,y r~ thF~ City of 4naheim a fee, in an amount as de[ermined by the City Co~ncil, for str~e[ li~htir~a along Claudina Street. 2. That the o~•rner(~1 c,f ~,,,ti; ~r _~_, ~••.•••~«. ~ C.. ~~~, .,i Ly oi~ Hnahelm a fce, in an amount as determined 'ey c'e City^Council, yfor1,JCroe niantinq ourposes along Claud(na Street. 3. That suhjeet property shali be served by unde~,ground utilitfes. 4. That drainage of subject property shall be disposed of in a manner satlsfactory to the Ciiy Engineer, >. That the oam er of subject oropcrty shail pay to the C(ty of Anaheim the appropriate park and recreation in-lieu fees as determined to tie aopropri~te by the City Council, sald fees to be paid at the time the building permit is issued. o, That the owner(s) of suhject property shall pay the traff(c signai assessment fee (Ordinance No, 3II9G) in an amount as determined by [he City Council, for r.ach new d~.~ellin~ unit prior to thc issuance of a building perr~it. 7. That suhject property shall he Jeveloped suhstantlaliy 1n accordance with plans and specifications rn file ~~ith t!ie C?tv of knahein r,2rF;ed Exhibit "~es. 1 Lhrougfi 3. ~. That Condition Plos, i and 2, ahove-mentioned, s.hall he c~mp~~ed with prior tu the commencement of the activity authorized under this resolutlon, or prior -2- PC81-179 [o the timc that the huilding p~rmit is issuc~l, or ~•iiti,in ~~ per?od of one year from date h~reof, ~•~hir.hever occurs first, or such further time as thP Planning Commission may yrant. 9. That Condit(on Wos. 3, 1~, and 7, above-mentioned, shall hr, complied t+ith prior to final bui)dfny and zoninq inspr_ctions. BE IT FURTHER RESOLVFD that the Anah~~im City Planntnq Commission does hereby find and determine that the adoption of this P.esolutton is ex~ressly predicated upon applicant's compliance ~-~ith each anti all of the conditions hereinabove set forth. Should ar,y cortditlon or any part thereoP~ be declared invalid or u~enforceahl~ hy the final judgment of any court o` conpetent jurisdiction, then this Resolution, and any eppruvals here(n containr.d, shall i,e deeme~' null and v~i~i, TH[ FOREGOIHG RESOLUTI0~1 is signed and aoprov~d tiy r~e this 24th day of August, 193i, .Gj~~ /'--~~~- CH i ,!1A'~ PP,O TENPORE A!L1HE1~1 CITY °L.ANtJI!J; C~N~i °g10N ATTEST: ~ ~ ~ 1 • /~.~-l!L~-4- "L~.1\rT,::.'~'. ,1'L'.~;:_iii ~iir NLA~lNIrIG C0~1~1155Inn STATE OF CAL~FORNIA ) COUNTY OF Ok.~it~fE ) ss. C ITY OF AtJAHEIPt ) I, Edith L. tiarris, Secretary of the Anaheim City Piann:no Commission, do hereby certify that the foregoing resolution ~•ras oassed and ado~,ted at a meetfng of the Anahcim City Planning Commission held on August 21+, 1'i;'1, at 1•3~ p.m., hy the fol)o~•iing vote of the mernhers thr_rcof: AYES: CON!11SSIOt~EFS. IIARP~ES, DOl!AS, FRY, HERRST, Y.!NG, T~LAP 40ES: COIiMI5SI0NERS: ~~OM~ ABSErlT: cor~MlSSIO'lERS: BUSHORE IN WITNESS IJHE^EOF, I havc hereunto set my hand [his ~~~[!~ ~lay of .~uaust, 1~R1, ii' . • ~ ~~ ~ ~ / S~CRCTARI'~ ANlINE iM C I1 Y PLANN I!J~C 1M I.SS 10.'J -3- PcIIt-179