PC 82-198rw.
RESOLUTION NO. PC82-198
i'-,
A R~SOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3297 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from CESARId & EUSTOLIA GARCIA, 861 1/2 South Lemon
Street, Anaheim, California 92805, owner of certain real property situaEed in
the City of Anaheim, County of Orange, State of California described as:
BEGINNING AT A POINT IN THE MUNUMENTED CENTER LINE OF
SOUTH LFMON STREET~ pISTANT 769.15 FEET SOUTHEASTERLY,
MEASURED ALONG SAID LINE, FROM THE CEMENT MONUMENT AT
THE INTERSECTION OF THE MONUMENTED CENTER LINES OF SOUTH
LEMON STREET AND WEST SOUTH STREET, IN SAID CITY Or
ANAHEIM~ bLND RUNNING THENCE SOUTHWESTERLY, PARALLEL WITfi
SAID MONUMENTED CENTER I~INF. OF WEST SOUTH STREET, 185.37
FEET; THENCE SOUTHEASTERLY, PARALLEL 47ITH SAID
MONUMEI~TED CENTER LINE OF SOUTH L'EMON STREET, 50 FEET;
THENCE NORTHEASTERLY~ PARALLEL WITH SATD MONUMENTED
CENTER LINIi OF WEST SOUTH STREET, 185.37 FEET TO SAIA
MONUMENTED CENTER LINE OF SOUTH LEMON STREET; THENCE
NORTHWESTERLY ALONG SAID LAST MENTIONED LINE 50 FEET TO
THE POINT OF BEGINNING;
EXCEPTING THEREFROM TFIE EASTERLY 31.25 FEET THEREOF
INCLUDED IN SOpTH LEMON STREET.
WHEREAS, the City Planning Commission did hold a public hearing at
the City Hall in the City of Anaheim on October 18, 1982, 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 Cod_, 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
folZowing facts:
1. That the petitioner proposes waivers of the following to
construct an addition to a detached single-family dwelling:
(a) SECTION 18.27.061.010 - Minimum building site area
and 18.32.020.010 (5000 sq. ft. per dwellinq required;
3853 sq. ft. existing)
(h) SECTION 18.27.066.010 - Minimum number and type of parking spaces
and 18.32.020.010 (10 spaces, 4 enclosed in garages
required; 10 spaces, 2 enclosed in
a garage existing)
#0288I PC82-198
i
i
i
~ '
f
[
I
i
~., ,~-~
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 subject property of privilege•s enjoyed by other properties in the same
zone and vicinity.
3. That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved or to the intended use of the
property ihat 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 ,praperty 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 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
oppcsition; and that no correspondence was received in opposition to subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct an addition to a detached
single-family dwelling with waivers of minimum buildinq site area and minimum
number and type of parking spaces on a rectangularly-shaped parcel of land
consisting af approximately 7706 square feet, having a frontage of
appr.oximately 50 feet on the west side of Lemon Street, and further described
as 361 and 861 1/2 South Lemon 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 low-medium
density land uses commensurate witii the proposal; that that Ir.itia2 Study
submitted by the petitioner indicates no significant individual or cumuiative
adverse environmental impacts; and that the Negative Declaration
substantiating the foregoing findings is on file in the City of Anahein
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(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.
2. That the esistinq st~uctures shall be brought up to the minimum
standards of the City of Anaheim, including the Uniform Building,
Plumbing, Electrical, Housiny, Mechanical and Fire Codes as adopted
~y the City of Anaheim.
_2_ PC82-198
.-~,
3. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 and 2.
4. That Condition Nos. 2 and 3, above-mentioned, shall be complied with
prior to final building and zoning inspections.
5. That prior to issuance of a building permit, the owner of subject
property shaZl deed to che City of Anaheim a strip of land ten (10)
feet in width from the centerline of the alley for alley widening
purposes.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that anoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the condition~
he=einabove 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 RESGLUTTON is siqned and approved by me this 18th day of
October, 1982.
~ / ~i~'~'~
~ , ANAH~IM CITY ING COMMIS320N
ATTEST: /1
(~ ~v ~ L~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
5TATE OF CALIFORNIA )
CO*JIJTY 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 October 18, 1982, by
the following vote of t}.e members there of:
AYES: COMMISSIONERS: BOUAS~ BUSHOR~, FRY~ HERBST~ KING, LA CLAIRE,
NOES: COMMISSIONERS: NONE
ABSENT: COMI~IISSIONER5: MC BURNEY
IN SJITNESS WHEREOF, I have hereunto set my hand this 18th day of October
18, 1982.
(D ~t. ~ /~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC82-19£3