PC 81-99~
R~SOUIT 10~! ?J0. PC£i 1 -'l~
/1 RFSOLUTIO'! 0~ THE A`UUIEIM CITY PLl1~I"IIPI~ C~Ii?11551011
TIIAT PETITIOtI FOR Vi1Rl/1tICE ~ln, ;~1? ~~ ~n~,~1TE'~
~~l~ie~ras, tfic Anaheim Cit;~ Pl~nrlinp Commission did rer_eive a verified
petition ror Variance from [?ILL J, ~JICf;EL, ET AL, P, 0, Box ?2;, Stanton, California
9~~i3~%, oo-mers of ccrtain rcal property situated in the City of Anaheim, County of
Orange, State of California, described as:
Be9i~ning at a~oint in the Ea~t line of said Lot F distant
thereon South 1° 07~ h.,^,~~ 4Jest 3~5.00 feet from the Mortheast
corner thereof, said ~Jortheast corner being the intersection of
the center line of the street, 4~,~n feet in a~idth, no~r known as
tJutti~iood Avenue, ad.joining said Lot G on the East with the
intersectiun of the center line of tFie street, (,0 feet in vridth,
no~•~ 4:no~m as da 1 1 Road, ad jo i n i ng sa i d Lot F en the Piorth, and
running thence ilorth ii~~ 40' lJest parallel with thr_ ~lorth line of
said lot 5, 20J.00 feet; thence South 1° 07' 4~" ldest paraliel
~•rith said East lin~, 11~,~~~~ fcet; thence South `'~1° 4~' East
parallel ~•~ith said ~lorth line, ?~~,n0 fnet to said East linF;
ther.a:e North 1° 07' li~" East along said East line, 715.~~1 feet to
the point of Leginning,
4/HEREAS, the City Planning Commission d~d hold a put,lic hearin~ at the Civic
Center in the City of Anat~eim on Hay 4, 1~1?1, at 1:3^, p,m,, notice of said pubtic
hearing having been duly given as reauired by 1ai•~ ar.d in accordance wfth the
provisions oP the Anaheim Municipal Coda, Chapter 13,~3, to hear and consider
evidence for and against said proposed vari:~nce ~nc1 r~ t,,,.~~~r,.....,, _, _
~~~ °~~~~'~ ~~~nJatiuns in connection t:iere~,ith; and ~ '' `" """ "'d1'`= ' ~n~iings
WHEf2EA5, said C.nmmission, after due inspection, investi~ation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearin~, does find and determine the fo1loH~ing facts:
1. That the ~etitioner proposes ~faivers of the folloa~ing to construct a
14-uni: apartment complex:
(a) SECTIOt4 1S,3~i,0E1,010 - Hinimum lot area
per dwelling unit.
1200 square feet required
1~~5 square eet proposecl)
(b) SECTIO~! 13,31F.p~,~,pip - Minimum distance bet~~~een huf )dinas.
33 eet required; 21 feet proposed)
~. That the ahove-mentioned waivers ar
the petitioner demonstrated that a hardshio er.is~sc h~r~'~Y `~r~nted on the basis that
subject property of privileges ~n ~ eC{ that rlenia, i,~i~~~ deprive
vicinity. ~ y `'>' other prnperties in the same znne and
PC£31-~g
~
3. That there are exceptional or er.tranrdinary circunstances or conditions
applicahie to tlie property involvecl or t:~ the intencled i;se of the property that do
not appiy ~~~~~~~~y to the prnperty or class of use in the same vicinity and zone.
~f• T~~at the requested variance is necessary f~r the preservation and
enjoyment of a substantial property ri_c,ht possessed by ot`~er ~roperty in the
`iicinity ~~~~ 7one, and denied to the property in question.
same
~• That the requested v~riance ~~~ill not he materially detrfinentai to the
Pubiic ~•ae1f,~~ ~r injurious to the property or improvements in such vicinity ar,d zone
in ~•:hich, tr,, proper;.y is located.
~. That no o~e indicated thFir presence at said public hearing in
opnosition; and that no corresponrience ~~~as received in enp~sition to the subject
petition.
E!lVIROt~,MENTAL I!1PFlCT FItJDIhJG: That t'~e Anaheim Citv Planning Commission has
rev ie~~ied the propo;a 1 to rec lass i f
(Residential/Agricultural) Zone [o fi~~yR,s~~~ect proc~erty from the RS-A-43,~~~
permit a 1<<-unit a artm~ ~~--`~~ ~~'esidential, !lultiple-Family) Zone to
per dti~~elling unit
and minimum Jistance betieen1ehuli,)cfhnq;'VOns ~frecY.annm1~~~~,a~~a~eC, ~~rcel of land
consisting of appro;~inately 0,~'~ acre 'iavin9 a`rontage of approximately 115 feet on
the l•~est side of Nutti•+ood Street (1225 South ~Jut4~o~d Street); and does herehy approve
the Negative Declaration frcxn the requirement to ~rr_pare an environmental impact
t'eport on the basis that t!ierr_ ~-~ouid be no significaet individual or cumula~ive
adverse environmental impact due to the approval of this Neqative ~eclaration since
2he Anaheim General Plan designates the suhject property for medium-density
residential land uses c~xnmensurate ~•rith Che proposal; that n~ sensitive environmertal
impacts are involved in the pro~osal; that the Inlt(al Study submitted by the
petitioner indfcatzs no significant individual or cumulative aciverse Pnvir~, ,
impacts; ancl that the Neaativ~ n~,.i`..~~•_
~n ~~iie in the City of Anaheim Planning DepartmPn4antiat(n ~m~~" "
9 the fore~7o(ng findings is
PJO;~;, THER[FORE, RE IT RESOLVED that t~ie Anaheim Cit;~ Planning Commission
does hereby grant subject Petition for Variance, upon the foilowin9 cc~nditions t~~hich
are hereby found to be a necessary prerequisite to the proposed use of the subject
pruperty in order to preserve the safety and general ~•~elfare of the Citizens of t{~P
City of Anaheim:
1. That this Vartance is e,ranted suhject to the completion of
Reclassification No, i30-o1-35, now pending.
Z. That subject propert;~ shall Le develoned suhstantial)y n accordance
with plans and specifications on file ~~Ith the City of qnaheim marked Lxhibit PJos. 1
through 3,
BE IT FURTHE~ RESOLV[D that the Ana!-eim City Plinninn Lommission ~oes hereby
find and detFrmine that adoption of ~his Recolution is exnressly predicated upon
applfcant's com~,liance ~.vith eac'i and ali of the conditions hereinabove set forth.
Should any sucfi condition, or any part thereof, he declare:I i~~valid or unenforceable
nY the final judyment af anv court of compet=nt jurisdlction, then this Resulution,
and any apnrovals herein contained, sha11 be deem~ci ~i~)) and void,
-2-
PC81-99
THE ~ORE601f ; R[SOL!.I710f! is signed and approved hy me t!~is ~~th :lay of ~1ay,
19i1 .
ATTEST•
_ ~~~~~~ ~ ~ .rt
C!iFlIR!1AN, ANAfiEltt CITY P APlt~i~l~ C0~4^+ISSfOFJ
~ .r~l ~7~~.,.' ~
SECRcTARY. A~JAIIEiM CIT'! PL/1F:iJl^l~ COP1H15510!!
STATE OF CALIFORNIA )
COU~I i Y' OF ORAiJGE ) s=_ ,
C ITY OF A~!AHE IH )
I, EJitn L. Harris, S~cretary of th~ Anaheim City Planning Commissien, do
hereby certify that the i`ore;~~~ig resolution i-~as passed and adopted ~t a meeting of
the Anaheim City Plar.nir.n Commission held on Hay ~t, 1'131, hy tF.r_ f~llowing vote of
the members thereof:
/1YES: COtt;tISSIOIlERS: aliRrlES, BUUAS, L'uSHORF, f;IPJr, TnI.AR
~O[S: C0~4MIS510~JERS: NER35T
ABSENT: C011r~ISSI0,IFRS: FRY
It; WIT"JESS WHE'."OF, I havr hereunto set rny hand this '!th day of May, S9"1.
~~ ,~ ~~~.~
ScCRETARY, APlAHE I M C ITY PLA~•1IJ I tJG COM~q I SS I OP!
-3- PC31 •.q:,