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PC 82-128~~ RESOLUTION N0, PC 82-123 A RESOLUT I ON OF TIIE AtJAHE I M C I TY PIANN i NG COMFII;S I ON THAT PETITIOtJ FOR VARIANCE W0. 327~ BE GRAD1TEp WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Va riance from E.O. APdD PIIYLLIS hf. RODEFFER, P. Q, BOX 2460, Newp~rt Beach, California g2660, owner, IIARRY C. SCliREY, 1820 East Garry Street, Suite 106, Santa Ana~ California 92705, agent, of certain real pro~erty situated in the City of Anaheim, Cuunty of Orange, State of California descr•ibed as: PARCEL 3, IN THE CITY OF ANAI1E111, COUNTY OF ORAPJGE, STATE OF CALIFORNIA~ AS SI101•m~ ON A MAP FILED IN a00K 123, PA~ES ~E AD1D 5 OF PARCEL MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. WHEREAS, the City Plan~ing Commission did hold a pul~lic hearing at the City Hall in tlie City of Anaheim on June 28, 1~32, 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 Ptunicipal Code, Chapter 13.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and YlHEREAS, said Commission, after due inspection, investigation and study made by itself and in its be'~alf, and after due consideration of all evidence and reports offered at said hearing; does find and determine the folloking facts: 1. That the petitioner proposes a waiv~r of the following to establish a four-lot subdivision: SECTIOPJ 18.01.130 - Required lot frontage ~all lots required to abut a public street or alley; 2 lots without frontage prooosed) 2. That the ab~ve-mentioned waiver is hereby granted on the basis that the petitioner demonstrated that a hardship exists in that private on-site driveways are proposed to provide adequate vehicular access and cirr_ulation. 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 khe requested variance is necessary for the preservation and enjoyment of a substantt,al property right possessed by other property in the same vicinity and zoiie, and denied to the property in question. 5. That the requested variance will not be materially detrimental to the public welfare o r 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 tn opposition; and that no correspondence ~aas received in opp~sition to the subject petition. ,~ 1 Pcs~-,za ~~ il~~.:. . _ r~ '~ EWVIROIdI1ENTAL It1PACT FlhlDING: That the Anaheim City Planning Commission has reviewed the proposal to establish a four-lot suhdivision witli waiver of required lot frontage on an irregularly-shaped parcel of land consistin~ af approximately 6.1 acres located north and east of tfie northeast corner of Orangewood Avenue and Santa Cruz Street, having a frontage of approximately 60 feet on the north side of Orangewood Avenue and a frontage of 70 feet on the east side of Santa Cruz StrePt (15p~ East Orangewood Avenue;; 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 commercial professional land uses commensurate with the proposal; that no se~sitive environmental tmpacts are involved in the proposal; that the Initial Study subrritted 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 Depa rtment. NOW, TNEREFORE, BE IT RESOLVED that the Hnaheim City Planning Commission does hereby grant subject Petition for Variance, upon tl~e 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 trash stora9e areas shail be provided in accordance with approved plans on file with the Office of the Erecutive Director of Public lJorks. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 3, That Condition Nos. 1 and 2, above-mentioned, shall be c~mplied with prior to final building and zoning inspections. BE IT FURTHER RESOLV[0 tliat the Anaheim City Pi~nning Commisston 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 deciared 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 RESOLUTIOiJ is signed and approved by rne this 23th day of June, ~9ai. ~~.u.~--~ Q ~~..~-,~-- CHAIRMAN, ANAHEIM CITY PLAPINING COMMISSION ATTE T: ECRETARY PRO-TEMPORE ANAHEIM CITY PLANNItJG COt9MISS10~ -2- PC32-t28 ~-~. STATE OF CAL I FORIJ i A ) COUNTY OF ORAWGE ) ss. CITY OF AMqHEl~9 ) r~~. ~ `: ~~ ~, Pamela H. Starnes, Secretary Pro-Tem of tlie Anaheim City Planning Comrnission, do liereby certify that the foregoing resolution was passed and adopted at a meeting of rlie Anaheim City Planning Commission held on June 28, 19$2, by the followi~y vote of the members thereof: AYES: C0~4MiSSI01JERS: BARNES, DOUAS, DUSHORE, FRY, IiERBST, KING, Mf, BURPIEY NOES: COMMISSIONERS: iJONE ADSENT: COMMISSIONERS: NONE ~~~ WIT~IESS WHEREOF, I I~ave hereunto set my hand this 23th day of June, 198z, SECRETARY PRO TEMPOR~~~~~J ANAHEIM CITY PLANPJING C011MISSION -3- PC32-128 ~: . .