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PC 82-89~ rESO~uTi ora rio. pc 82-89 A RESO LUTI OP~ OF TfIE AiIAFIE I M C I TY PLl1NM I PJG COF411 SS I ON TIIAT PETITIOtJ FOR VARIAPJCE iJO. 3273 C3E GREWTED WIIEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from ~I. J. BROCK E SONS, 1698 GreenbriarLane, Suite 22G, erea, Calit~rnia 92621, owner, of all that certain real property situated in the City of Anaheim, County of Orange, State of California described as: TRACT N0. 11782, BEIPlG !1 SUBDIVISIOPI OF TtIE FOLL0411ClG: LOTS S, 9, 10 At1D 11 OF TRACT N0. 8796, AS SHOI~/PJ ON A t•1Ap RECORDED ir~ aooic 434, PAGES 24 AND 25 UF MISCELLAF![OUS Ml1PS, RECORDS OF OftAP~GE COUNTY, CALI FORNI~ AiiD PARCEL i OF P~IRCEL 1•V1P5, RECORDED IIJ B~~%!< 163, PAGES 7 AIJD 8 Of PARCEL t•1AFS, RECORDS OF OP,EUIGE COUMTY, C'.~I FORNIA. l•lHEREAS, the City Planning Commission did Flall in the Ci ty of Anaheim on May 17, 1982, at 1:30 hEaring having been duly given as required by provisions of the Flnaheim Plunicipal Code, Chapter evidence for and against said proposed variance and and recommendations in connection there~~ri th; and iold a public hearing at the City p.m., notice of said public law and in accordance with the 18.03, to hear and consider to investigate and make findings 4111EREAS, said Comrnission, after due inspection, investigation and study made by itseif and in its behalf, and after ~ue consideration of all evidence and reports offered at said he~ring, does find and datermine the follo~ving facts: • 1. That the petitioner proposes waivers of the following to re-subdivide a porti on of previous ly approved Tract No. 8796 to establ i sh a 4-lot, tE-uni t, RM-2400 zone s ub d i vi s i on : (a) SECTi Qt~ l u.01 .1 ~0 - Rc: ui red iot frontage. Fl11 lots required to front on a public street or a l ley; 3 lots without frontaqe proposed) (F~ t SECTION 18.32.061.020 - htinimum buildtng site width. 70 feet re~ui red; F0, 3 and 50 feet proposel! )„ 2. That tlie above-mentioned waivers are hereby 9ranted on the basis that the petitioner dertr~nstrated that a hardship exists in that denial uiouid deprive subject property of privileges en,joyed by other properties in the same zone and vicinity. 3. That there are exceptional or extraordinary circi^:tances or conditions applicable to the property invo)ved or to the intended use of the property that do not ap~:iy 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. PC82-8g ------ _ .... . . ..:.. .... .. ;,,, =~r~ .. , ,. _ . `~~~ ~ ~ ~,~:; ~'k~: t:.,,..,... .._ .~`, >. That the requested variance ti•~ill not be materially detrimentai to the public welfare or inj~rious to the property or improverr~nts in such vicinity and zone i n whi ch the property is located. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence ~•~as received in opposition to the subject petition. ENVIP.OI~IPIENTAL 114PACT FII•IDItJG: That the Anaheim City Planning Cortmission has reviewed the proposal to re-subdivide a portion of prcviously approved Tract No. 8796 to establish a 4-lot, 4-unit, RM-24Q0 zone subdivision with ~•~aivers of required lot frontage and minimum building site width on an irregularly-shaped parcel of land consisting of approximately, O.k9 acre located at the southeast corner of Romneya Drive and Leeward bJay; and does hereby approve the tJegative Declaration from the requi rertent to prepare an envi ronmental impact report on the basis that there would be no significant individual or cumulative adverse environrrental impact due to the approval of this ~Jegative Declaration since the Anaheim General Plan designates the subject property for low-medium density and uses cortmensurate with the proposal; that no sensitive environmental irrpacts are in wlved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the ilegative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOY1, 7HEREf~RE, BE IT RESOLVED that the Anaheim City Pl~nning Commission does hereby grant subject Petition for Variance, upon the folloaiing conditions which are hereby found ta be a necessa ry prerequisite to the proposed use of the s ubject property in order to preserve the safety and general welfare of the Citizens of the Ci ty of Anaheim: 1. That fire hydrants sliall be installed and charged as required and determined to be necessary by tye Chief of the Fire Depart+r,Ant prior to commencertent of structural framing. ~ 2. That subject property shall be served by underground utilities. 3. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 4. That the vehicular access rights, except at approved access points to Romneya Drive shall be dedicated to the City of Anaheim. 5. That the seller shall provide the purchaser of each condominium unit with written information concerning Anaheim t•lunicipal Code 14.32.500 pertaining to "parking restricted to facilitate street svreeping". Such o~ritten information will clearly indicate when on-street parking is prohibited and the penalty for violation. 6. That "no parking for street sweeping" signs shall bc installed prior to tinal str~et ;nspection as requi red 'oy the Publ ic 1/orks Executi ve ' i rector in accordance with specifications on file with the Street Maintenance Division. -2- PC82-89 7. That the petitioner shall submit final specific site pians, floor plans, and elevations to the Planning Department. Said plans shall conform, in all respects, to Che si te developrtx;nt standards of ttie RI1-3000 Zone. B. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Ins~ector that the proposed p roject is ir, conformance with Council Policy N umber 5~F2, Sound Attenuation in Residentiai Projects. 9• That Condition Plos. 4 and 7, above-mentioned, shall be complied with prior to the commencement of tlie activity authorized under this resolution, or prior to the time that the b~~ilding permit is issued, or within a period of one year f ro m date hereof, whichever occurs first, or such further time as the Planning Commission may gran*_. 10. Tha t Condition Flos. 2 and 3, above-mentioned, shall be complied with prior to final building and zoning inspections. [3E IT FURTHER RESOLVED that the Anaheim City Planning Comnission does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any condition or any part thereof, L•e deciared invalid or unenfo rceable by the finai judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and wid. TtiE FOREGOIPJG RESOLUTIOPJ is signed and approved by r.ie this 17th day of ~4ay, ~ ~s2. i~ CHAIRPIAN PRO TEIIPORE AtdAHEIM CITY PLANPJIPIG COhiMISSIOFI ATiEST: ~~ ~ ;~~~ SECRETARY, APdAHEIM CITY PLAPJtIIt•1G COMFIISSION STATE OF CALI FORNIA ) COUi~TY OF OfiANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Flarris, Secretary of tlie Anaheim City Ptanning Commission, do hereby certi fy tliat the foregoing resolution was passed and adopted at a meeting of the Anaheim City Pianning Commission held on 11ay 17, 1~82, at 1:30 p,m., by the following vote of the members thereof: AYES: C0~1t11SSI0NERS: BAR~JES, BOUAS, FRY, HERBST, IUPIG, tiC DUR~IEY iJ0[S : C01•1~11 SS I Ot1[RS : fdONE ABS[NT: COFQi1SSI0P~ERS: l3USHORE 111'~IITNtSS 6!HEREOF, I have hereunto set my hand this 17th cfay of 1•tay, 1~82, ~~ ,~ ~^.~ SECRETARI', APIAHEIM CITY PLANNI~dG C011P11SSIOM -3-