PC 81-251RESOLUTION NO. PC 81 -251
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0. 3245 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from RAYMOND J. MASCIEL, ET AL, 1127 West North Street,
Anaheim, California 92801, owner, GARY MASCIAL, 1127 West North Street, Anaheim,
California, 928O1,California, agent, of certain real property situated in the
City of Anaheim, County of Orange, State of California described as:
LOTS 17 AND 18 IN BLOCK 1 ID" OF THE LORELEI TRACT, AS PER MAP RECORDED
IN BOOK 2.9, PAGE 24 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on November 30, 1981, 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 construct a 6-
unit apartment complex:
(a) SECTION 18.34.063.012 - Minimum landscaped setback
(15 feet required along Bush Street;
3 and 10 feet proposed)
(b) SECTION 18.34.064.070 - Maximum fence height
(42 inches permitted in the setback
along Bush Street; 6 feet proposed)
2. That the above - mentioned waivers (a) and (b) are hereby granted on the
basis that the petitioner demonstrated that a hardship exists in that the request is
minimal and denial would deprive subject property of a privilege enjoyed by other
properties in the same zone and vicinity and that the proposed fence will provide
needed security.
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.
PC81 °251
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: That the Anaheim City Planning Commission has
reviewed the proposal to construct a 6 -unit apartment complex with waivers of minimum
landscaped setback and maximum fence height on a rectangularly- shaped parcel of land
consisting of approximately .O3 acre located at the northwest corner of Santa Ana
Street and Bush Street (923 East Santa Ana Street); and does hereby approve the
Negative Declaration from the requirement to prepare an environmental impact report
on the basis that there would be no significant individual or cumulative adverse
environmental impact due to the approval of this Negative Declaration since the
Anaheim General Plan designates the subject property for medium density residential
land uses commensurate with the proposal; that no sensitive environmental impacts are
involved in the proposal; that the Initial Study submitted by the petitioner
indicates no significant individual or cumulative adverse environmental impacts; and
that the Negative Declaration substantiating the foregoing findings is on file in the
City of Anaheim Planning Department.
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 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.
2. That the owner(s) of subject property shall pay the traffic signal
assessment fee (Ordinance No. 3(706) in an amount as determined by the City
Council, for each new dwelling unit prior to the issuance of e building
permit.
3. That trash storage areas shall be provided in accordance with approved plans
on file with the Office of the Executive Director of Public Works.
5.
That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 through 5.
That Condition Nos. 3 and 4, 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 30th day of
November, 1981.
ATTEST:
1981,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
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 November 30, 1921, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of November,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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