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PC 85-10RESOLUTION N0. PC85-10 A RE:IOLUTION OF THE ANAHEIb? CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE N0. 3947 BE GFANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from FLORENCE E. HEFFREN/FLORF.NCE E. MITCHELL, 6~6 North West Street, Anaheim, California 92801, owner, and JAi?5S J. 3RENNAN, 191 South Orange Street, Orange, Califoznia 92666, aror.t °ce certain real property situated in the City of Anaheim, County of OranyC, State of California described as: °RUPOSED PARCF.L 14AP N0. 84-245, BEING A SUBDIVISION OF LOT 9 OF TRACT N0. 1942~ AS SHOWN ON A MAP RECORDED IN BOOK 54, PAGES 26 AND 27 OF PfISCELLANEOUS MAPS, RECORDS UF ORANGE COUNTY~ CALIFORNTA. EXCEPT TNE EASTERLY 91.64 FEET OF THE NORTHERLY 135 FEET OF LOT 9. ALSO EXCEPT THE ERSTERLY 40 FEET OP THE SOUTHERLY 105 FEET OF LOT 9. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 7, 1985, 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 Lhe nnaheim Municipal Code, Chapter 18.03, to hear and considec evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHE~EAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and aFter due consideration of all evidence and reports cffered at said hearing, do~as finc ancl determine ~:~e following facts: 1. That L-he petitioner proposes waivec of the following to establ.ish a 4-lot, RS-10,000 sinale-family suhdivision: SECTICN 18.25.061.020 - Minimum lot width and frontage. (90 feet required; 20 feet proposE~ for one lot) i~_ 2. That the above-mentioned waiver is hereby granted on the basis that there are sp~:cial circumstances applicable to the prope~ty such as size, shape, topography, location and surroundings wi:ich do not apply to other identically zoned property in the same vicinity; ,~nd that strict application of the Zoning Code deprives t-he property of p:ivileges enjoyed by other properties in the identical zone and classificatior~ in the vicinity. 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 genera.lly to the property or class of ~ise in the same vicinity and zone. #0407r ;,.i. . .. . . . . PC85-10 ....... ' ~~~~ ~ ~ 4• That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the sanie vicinity and zone, and denied to the property in question. 5• Thal- the requested variance will not be materially detrimental to thr public welfare or injurious to the property or improvements in such vicini~y and zone in which the property is located. 6• ihat four persons indicated their presence at said public hearing in opposition; and rhat no correspon~ence was received in opposition to subject: petition. ENVIRONMENTAL IFIPACT 6~INDING: That the Anaheim City Planning Commission has reviewed the proposal to establish a 4-iot, RS-10,000 single-family subdivision with waiver of minimum lot width and frontage on a rectangularly-shaped parcei of land consisting of approximately 1.38 acres located at the northeast corner oE Pioneer Drive and West Street, and further described as 626 North 4~est Street; and does hereby approv? the Negati.ve Declaration upon E:inding that it has considered the Negative Declaratior. together with any comments received during the public review process and further finding on the basis of the initial study and any comm?nts received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED L-hat Lhe Anaheim City Planning Commisaion does hereby grant subject Petition for Variance, upon the following conditions which are hereby tound 'co 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 tl~e City of Anaheim: 1. That Ehe owner of subject propcrty shall pay to the City of Anaheim a fee for tree planting purposes along West Street and Pioneer Drive in an amount as determined by the City Cout,cil. Z. That appropriate park and recreation in-lieu fees fot each lot shall ; be paid to the City of Anaheim in an amour.t as determined by the ' City Council. j 3. That pcior to issuance uf a building permit, tlie a ~ si nal assessr~~ent fee shall be Ppr~Priate traEfic g paid to the City of Anaheim in an ~ amount as determined by the City Council for each new dwelling unit. ', 4. That sidewalks shall be inst~lled along Pioneer Drive as required by ~ the City Engineer and in accordance with standard plans and inethel form oP an bo de e tifi~cate of d p sit,t 1 tn er of •credit, lor cash, in an a;nount and form satisfactory to the City of Anahpim, shall be posted with the City to guarantee the satisfactor completion of said improvements, y Said se the Cit curity sha1Z be posted with y p::ior to final parcel map approval to installation of the above-re ui 9uarantee L•he q red im ruve P ments prior to occupancy. 5. That drainage of subject property shall be disposed of in a manner saticEactory to Y.he City Engineer. _2 PC85-10 s ~ ~ ~ ' ,..... _.,..._. ............ -.,.,,,::,_.,. ~ ~ ~h•i Y ~.. . , . . . . . . . ~"- 6. That subject property shall be served by underground utilities. i. That a parcel map to record the approved divisicn of subjeck pcoperty shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Oranqe County Recorder. 8. That uccess to Lol- No. 4 shall be from Pioneer Drive only. Vehicular access rights to West Street for said lot shall be dedicated Lo the City of Anaheim. 9. TFat subject property shall be developed substantially iti accordance with plans and specifications on file with the City of Anaheim marked Exhibit t•lo. 1. 10. That the development of each parcel shal]. be limited to one sing]e-f.amily residential dwell.ing not exceeding one story in height, and t5at Ua~~ rastriction shall be shown on and recorded concurrently with ttie paccel map. 1.1. That prior to Einal parcel map approval, the requirements ~ct Eorth in Condition Nos. 1, 2, 4, 8, 9 and 10 shall be set forth on tt,c: face oE the final map in a form satisfactory to the City Engineer. BE IT FURTHER RESOLVED that th? ?incheim City Planning Co;nmis~ion does hereby find and determine Lhat ado~tion of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove sel forth. Should any such condition, or any part thereof, be declzred ir•ialid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, sha1J. be decmed nuli and void. THE FOREGOING RESOLUTION is signed and approved by me this 7th day of January, 1985. ~'~~ -.r , -C~IAIRMAN~'ANAHEIM`~iTY 'ri,ANt7ING COMMISSION ATTEST: ~~ ~-~. ~ ~r~.~,.~ SECRETARY, ANAHEIM CITY PLANNING COAIMISS.LON -3 PC85-10 STATE OF CALIPORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIPI 1 i, Edith L. Hatris, Se-~retary of the Anaheim City Planning Commission, du hereby certify that the Eoregoing cesolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 7, 1985, by the following vote or" the membecs thereof: AYES: COb1t4ISSI0NERS: BOUASe FRY, HERBST~ KING, LA CLAIRE~ NOES: COMPIISSIONERS: hUSHORE, MC BURNEY ABSENT: COMMISSIONERS: NONE IN WZTNESS WFIER°OF, l have hereunzo set my hand this 7th day of January, 1985. ~~ ~~~ ~ ~~ ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC85-10 _ . _.. ..... ;~~