PC 81-19RESOLUTION NO. PC81- 19
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3189 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from HARRY R. BRATT, 3541 Indian Hills Drive, Longview,
Washington 98632, owner, and TRUDY PINT, 874 West Lincoln Avenue, Anaheim, California
92805, agent, of certain real property situated in the City of Anaheim, County of
Orange, State of California described as:
The Southerly 67 feet of the Northerly 220 feet of the following:
Commencing at the Northwest corner of Lot Thirty -eight of Anaheim
Extension, in the City of Anaheim, County of Orange, State of
California, as shown on a Map of Survey made by Wm. Hamel and
filed in the office of the County Recorder of Los Angeles County,
California, and running thence Easterly along the Northerly line
of said Lot, 328.471 feet; thence Southerly on a line parallel
with the Westerly line of said Lot Thirty-eight, 663.073 feet;
thence Westerly on a line parallel with the Northerly line of said
Lot, 328.471 feet to a point on the Westerly line of said Lot
Thirty - eight; thence Northerly along the Westerly line of said
lot, 663.073 feet to the place of beginning.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 12, 1981, 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 waivers of the following to establish a 2-
lot subdivision:
A. SECTION 18.25.061.010 - Minimum lot area.
(10,000 square feet required;
9882 and 9914 square feet proposed)
B. SECTION 18.25.061.020 - Minimum lot width.
(90 feet required;
67 feet existing)
C. SECTION 18.01.130
- Required lot frontage.
(Frontage on public street required;
none proposed)
2. That the above - mentioned waivers are hereby granted on the basis that
the petitioner demonstrated that a hardship exists in that denial would deprive
PC81 -19
subject property of privileges being enjoyed by other properties in the same zone and
vicinity, and that waiver A. is minimal amounting to a deviance of less than 2% from
Code.
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.
5. That the requested variance will not be materially detrimental to the
public welfare or iinjurious 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 5, 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 street lighting facilities along West Street shall be installed as
required by the Office of utilities General Manager, and in accordance with
specifications on file in the Office of utilities General Manager; and /or that a
bond, certificate of deposit, letter of credit, or cash, in an amount and form
satisfactory to the City of Anaheim shall be posted with the City to guarantee the
installation of the above - mentioned requirements prior to occupancy.
2. That the owner(s) of subject property shall pay to the City of Anaheim
a fee, in an amount as determined by the City Council, for tree planting purposes
along West Street.
3. That sidewalks shall be installed along West Street as required by the
City Engineer and in accordance with standard plans and specifications on file in the
Office of the City Engineer.
4. in the event that subject property is to be divided for the purpose of
sale, lease, or financing, a parcel map, to record the approved division of subject
property shall be submitted to and approved by the City of Anaheim and then be
recorded in the office of the Orange County Recorder.
5. That the owner of subject property shall pay to the City of Anaheim the
appropriate park and recreation in -lieu fees as determined to be appropriate by the
City Council, said fees to be paid at the time the building permit is issued.
6. That the owner(s) of subject property shall pay the traffic signal
assessment fee (Ordinance No. 3896) in an amount as determined by the City Council,
for each new dwelling unit prior to the issuance of a building permit.
7. That subject property shall be developed specifically in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Mos. 1
through 7, including the access easement to West Street.
8. That Condition Nos. 1 and 2, above- mentioned, shall be complied with
prior to the commencement of the activity authorized under this resolution, or prior
to the time that the building permit is issued, or within a period of one year from
date hereof, whichever occurs first, or such further time as the Planning Commission
may grant.
9. That Condition Nos. 3 and 7, 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 12th day of
January, 1981.
ATTEST:
SECRETARY, ANAHEIM C TY f'LANh nG CO MISSioN
CHA Ri AN, AI` AHE I ITY M I N G COMMISSION
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 12, 1981, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, KING, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BARNES, HERBST
1981.
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of January,
"Las .6%
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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