PC 82-91',~ P,ESOLUTIO~! N0. PC $2-91
I f1 RESO LUTI Ofl OF TNE /1NAHE I t1 C I TY PLAtJN I NG COMf115510~!
?I THAT PETITIOt! FOR VARIANCE PIO. 3276 [iE GRAflTED
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lJI1EREAS, the llnaheim City Planning Comnission did receive a verified
Petition for Variance from L/aWREPICE Id, [3ECI:IIAUS, 41t3 tlorth Philadelphia Street,
Anaheim, Catifornia ~2p05, o4rner, of certain real property situated in the City
of Anaheim, County of Orange, State of California descrihed as:
LOT 44 lid BLOCK D OF TH[ IJEIhIAPlN AtlO GEORGE'S ADOITIOP~ BUILDIPJG
LOTS, i IJ TlIE C I TY OF AtIAHE I f t, AS SH04/t•J OH A tU1P THEREOF RECORDED
I~J BOOK 2, PAGE 249, PIISCELL/tWE0U5 R[CORDS OF LOS AtlGELES COUhlTY,
C/1L I FO fUJ I A.
WHEREAS, the City Plannir.g Commission did ho)d a public hearing at the City
tlall in the City of Anaheim on P1ay 17, 19$2, at 1:30 p.m., notice of said public
hearing having been duly given as required by law and in accordance with the
provisians of the Anaheim ilunicipal Code, Chapter tII.03, to hear and consider
evidence for and against said proposed vartance and to investigate and malce findings
and recormendations in connection therewith; and
IJHEREAS, said Comnission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offe re d at said hearing, does find and determine the following facts:
second detachedhsingleefamilyld•~ellP gPo~canaRMa12005zonedh~otollowing to construct a
(a) SECTIONS 18.27.061.010 and 13.34,020.010
htinimum buildin site area
5,000 square feet per ch~el ) ing requi red;
2.740 square feet proposed)
(b) SECTIONS 18.27.062.030 and 13.34.020.010
Pfinimum loor area
~_.225 square fset per dwelline~ required;
1,02?_ square feet proposed)
(c) SECTIONS 18.27.063.030 and 18.?4.020.010
Minimum rear ard setback
10 feet req uired; 9 feet proposed)
(d) SECTiONS 18.27,066.010 and 18.34.02Q.010 -
Minimum number ~ type of parki
4 spaces enclosed in garages req uired;
2 s aces enclosed in garages and 2 open
spaces proposed -
2. That the above-mentioned waivers are hereby granted on thr basis that
the ~lnaheim General Plan designates subject property for mediun density residential
land uses and similar situations consisting of two dvcllings on a lot in the vicinity
and denial 4~ould deprive subject property of privileges enjoyed by other propertles
in the same zone and vicinity.
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Pc82-91
3• That the above-mentioned wai vers b, c, and d are hereby granted on the
bas i s tha t the req ues ts a re mi n i ma i.
~~. That there are exceptional or extraordinary ci rcumstances or condi tions
applicable to the property in w lved or to the intended use of the property that do
not apply generally to the property or class of use in the same vicini ty and zone.
5. That the requested variance is necessary for the preservation and
enjoyrtent of a substantial property right possessed by other property in the same
vicinity and zone, and denied to the property in question.
6. That the requested variance ti•~ill not be materially detrimental to the
public welfare or injurious to the property or improverrents in such vicinity and zone
in which the property is located.
7• That no one indicated their presence at said public heartng in
opposition; and that no correspondence a~as recei~•ad in opposition to the subject
petition.
ENVIRONFiE1JTAL IFIPACT FINDING: That the Anaheim City Planning Cortmission has
revie~4ed the proposa] to construct a detached single-family d.~elling with waivers of
minimum building site area, minimum floor area, minimum rear yard setback, and
minimum numoer and type of parking spaces on a rectangularly-shaped parcel of land
consisting of approximately 5,400 square feet, having a frontage of approximately 45
feet on the east side of Philadelphia Street, and being located approximately 137
feet south of the centerline of Sycamore Street (413 ~Jorth Philadelptiia Street); and
does hereby appro~e the Plegati ve Declaration from T.he requi rement to prepare an
envi ronmenta 1 i mpact report on the bas i s that there aroul d be no s i 9ni fi cant
individual or cumulative adverse environmental irrpact due to the approval of this
Paegati~,e Declaration since the Anaheim General Plan designates the subject oroperty
for medium density residentia) land uses commensurate with the proposal; that no
sensitive environmentat impacts are inw)ved in the proposal; that the Initial Study
submitted by the petitio~er indicates no significant individual or cumulative
adverse environmental impacts; and that the tlegative Declaration substantiating the
foregoing findings is on file in the City of Anaheim Planning Department.
NOIJ, TtIEREFORE, CE 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 Ci tizens of the
City of Anaheim:
1• That the owner of subject property shall pay to the City of Anaheim the
appropriate pa rk and recreation in-lieu fees as deternined to be appropriate
by the City Council, said fees to be paid at the tirte the building permit is
issued.
2. That the o~•mer(s) of subject property shall pay the traffic signal
assessrtent fee (Ordinance tlo. 3896) in an amount as determined by the City
Council, for each ne~•~ cAaelling unit prior to the issuance of a building
permi t.
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3. That subject property shall be developed substantially in accordance with
plans and specifications on file 4~ith the City of Anaheim marked Exhibit
IJos. 1 through 3,
!~• That Condition ~Jo. 3, above-mentioned, shall be complied with prior to firial
building and zoning inspec ~ons.
BE IT FURTHER RESOLVED that the Anaheim City Planning Cvmmission does t~ereby
find and determine that the adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the condition~ hereinabove set forth.
Should any 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 deerr~ed null and wid.
THE FOREGOI~dG RESOLUTIOPJ is signed and approved by me this 17th day of May,
1982.
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1A MAN PRO TEMPORE
A?~AHEIM CITY PLANNING COM~115SIOP1
ATTEST:
~~ , ~ ~^,~
SECRETARY, APJAHEIN CITY PLAMNI~IG CONMISSIOFI
STATE Of CALI FORPJIA )
LOUNTY OF ORqNGE ) ss.
CITY OF ANAtIEll1 )
~, Edith L. Harris, 5ecret~ry of the Anaheim City Plan~ing Comnission~ do
hereby certify that the foregoing resolution o-~as passed and adopted at a meeting of
the Anaheim City Planning Cortmission held on ~tay 17, 1952, at 1:30 p.m., by the
following vote of the members thereof:
AYES: COMNISSIOtJERS: BARNES, 30UA5, FRY~ IiERk3ST, KIPJG, t~C 3 UP,t~EY
NOES: COM111SSIONERS: NONE
ABSENT: COMMISSIONERS: BUSHORE
~~d blITNESS WHEREOF, I have hereunto set my hand this 17th day of May, 1~$2,
6.Q..c.~ ,t~ `~~~~,
SECRETARY, ANAHEIM CITY PLAN~II~IG C0~1~1155101!
-3- PC~32-91