PC 85-128~
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RESOLUTION N0. pC85-128
A RESOLUTION OF THE ANAHEIM CITY PLANNING CGPIMISSION
T[iAT PETITION FOR VARIANCE NO. 3952 BE GRAN'.'ED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from WILLZAt4 RICHARD BAMATTRE, £T AL., 24651 Seth
Circle, Dana Point, CA 92629, owner of certain real property situated in the
City of Anaheim, County of orange, State of Califor.nia, described as follows:
THAT PORTION OF THE NORTHEAST QUARTER OI~' THE NORTHWEST
QUARTER OF THE NORTHW~;ST QUARTF.R OF SECTION 24, TOWNSHIP 4
SOUTH~ RANGE 11 WEST~ ZN THE RANCHO LOS COYOTES, CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CAL_TFORNIA, AS PER MAp
REI:URDED IN BOOK 51, PAGf: 11 OF MISCELLANEOUS MAPS~ IN THE
OF'FICE OF THB COUNTY RECORDER OF SASD COUNTY~ DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1, TRACT N0. 3016~
RECORDED IN BOOK 90, PAGES 26 AND 27 OF MISCELLANEOUS MAPS,
SAID CORNER ALSO BEING ON THE WEST LTNE OF FERN STREET 40
FEET WIDE AS SHOWN ON SAID TRACT F]AP: THENCE NORTH 0° 11' 11"
EAST 141.95 FEET AI.OtJG SAID WEST LINE TO THE BEGID!NING OF A
CURVE, CONCAVL TO 7'HE SOUTHWEST AND HAVING A RADIUS OF 13
FEET; THENCE NORTHERLY AND WESTERLY 20.97 FEET ALGNG SAZD
CURVE THROUGH A CENTRAL ANGLE OF 90° I1' S6'; THENCE SOUTH
R9° 59' IS' h'EST 58,25 CEET; THEtvC~ SOUTH 0° 11' 11" WEST
155.00 FEET PARALLEL LJITH SAID WEST LINE OF FERN STREET TO
THE NORTH LINE OF SAID LOT 1; THENCE NORTH 89° 59' 15' EAST
61.33 FEET TO THE POINT OF BEGINNING.
W1iti;REAS, the City Planning Comrnission did hold a public hearing at
the Civic Center in the ~ity of Anaheim on t9ay 13, 1985 at 1:30 p.m., notice
of said public hearing having been duly qiven as required by law and in
accordance with the provisions of the Anaheim Municipal Code. Chapter 18.03,
to hear and con~ider evidence for and against said proposed reclassification
and to irtvestiqate and m~~~ ~ZI~;'_n7~ „r~ recummendations in connection
therewith; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and aEter due consideration of all
evidence and repocts offered at said hearing, does find and determine the
following facts:
1. That tt~e petitioner proposes waivers of the following to retain
a second detached single-family residence:
(a) SeCTIONS 18.06.050.011 - Minimum number and tvpe of parkina spaces.
18.06.080 (8 ~paces required: 4 enclosed in qaraaes &
18.27,066.010 4 open; 4 spaces existing: 2 enclosed in a
AND 18.34.020.010 garage and 2 open)
(b) SECTIOtdS 18.27.061.010 - Minimum buildina site area.
AND 18.34.020.010 (5000 sf, ner dwellin4 unit required;
4661 sf. existing)
~0527r
PC85-128
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(c) SECTIONS 18.27,062.030
AND 18.34.U20.010
(d) SECTIONS 18.27.063.020
AND 18.34.020.010
Ie) SECTIUNS 18.27,063.030
AND 18.34.02U.Ui0
Mininwm flour area.
(1225 sf. required; 704 sF. existing)
Minimum sidp vard setback.
(5 ft. adiacent to the west proper~Y
line reguired; 4 feet existing)
btinimum rear vard ~etback.
(5 ft. adjacent to south propertv line
required; 3 feet existing)
Z. That the above-mentioned waiver (a) is hereby granted on the basis
that the parking waiver will not cause an inczease in traffic congestion in the
immeaiat.e vicinity nor adversely affect any adjoining land uses and g~anting of
the parking waiver under the conditions imposed, ii any, will not be detrimental
to the peace, health, safety and general welfar~ of the citizens of the City of
Anaheim.
3. That the above-•mentioned waivers (b;, (c), (d) and (e) are hereby
granted on the basi~ that there are special circumstances applicable to the
property such as size, shape, topography, location and surroundings which do not
apply to other identically zoned property in the sanie vicinity; and that strict
a~,plir.ation ot the Zoning Code deprives the property of privileges enjoyed by
other properties in the identical zone and classification in the vicinity.
4. That there are ?xceptional or ektraordinary circumstances or
conditions applicable to the properl•y 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.
~. That the requested variance is necessary for the preservation and
enjoyment oL a substantial property riyht posse:~sed by othec propPrty in the same
vicinity and Lone, and denied to the property in question.
6• Thal the requested variance will n:,t be mater.ially detrimental to
the public welfare or injurious to the oroFrrty ~~ ±m1.-o~;e^entc ir suci~ vicinity
dnu zone in which the property is locatied.
7. That three persons indicated their presence at said public hearing
in cpposition; ar.d that no correspondence was received in oppositi~n to subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Conmission hafi reviewed the proposal to reclassify subject property from the
RS-A-43,U00 (Residential,Agricultural) Zone to the RM-1200 (Residential,
Multiple-Family) or a less intense zone to retain a second detached singl.e-family
residence with waivers of minimum iiumber and type of parking spaces, minimum
building site area, minimum floor srea, minimum sideyard setback, and minimum
rear yard setback on a rectangularly-shaped parcel of land consisting of
approximately 9,332 square Eeet located at the southwest corner of Ball Road and
Fern Avenue and Eurther dESCribec? as 2902 West Ball Road; and does hereby approve
the Negative Declaration upon finding that it has considered the Negative
Declaration together with any comments received during the public review ptocess
and further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment.
-~ PC85-128
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NOW, T~EREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission aoes hereby grant subject Petition for Variance, upon the following
conditions which are hereby found to be a necessary prerequisite to l•he proposed
use of the subject property in order t.o preserve the safety and general welfare
of the Citizens of the City of Anaheim:
1. Thal• this Variance is granted subject to the adoption of the Zoning
Urdinance in connection with Reclassification No. 89-85-17, now pending.
2. That the owner of. subject proNerty shall pay to the rity of Anaheim a
fee for tree planting purposes along Ball Road and Fern Avenue in an
amount as determined by the City Council.
3. That prior to issuance oE a building permit~ appropriate park and
recreation in-lieu fees sha11 be paid to the City of Anaheim in an
amount as determined by the City Council.
4. That prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an amount
as determined ty the City Counr_il for each new dwelling unit.
5. That ~h? owner of subject property shall pay to the City of Anaheim a
fee for street lighting along Hall Road and Fern Avenue in an amount as
determined by the City Council.
6. That prior to issuance of a building permit, primary water main fees
shall be paid tu tY~e City of Anaheim, in an amount as determined by the
Office of the Utilities Genecal Manager.
7. That due to the change in use and/or occupancy of the building, plans
shall be submitted to the euildiny Division showing compliance with the
rtiinimum standards of the City of Anaheim, including the Uniform
Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as
adopted by the City of Anaheim. The appropriate permits shall be
obtained for any necessary work.
R. Th~+t ~~~ ~;._~~.r5 ~~~~~u:e nGn:l curYiy wiLi~ Li~e miuimum standards of
the City of Anaheim, including the Uniform Huilding, Plumbing,
Electrical, Housing, Mechanical and Fire Codes as adopted by the City
of ,4naheim.
9. Ttiat prior to issuance of building permits, the applicant sha11 p:esent
evidence satisfactory to the Chief Building Inspector that the
converted stcucture is in conformance witt~ Council Policy Number 542
"Sound Aktenuation in Residential Projects' and with Noise Insulation
Standards specified in the Califocnia Administrative Code, Title 25.
10. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Gxhibit Nos. 1 and 2.
11. That Cvndition Nos. 1 through 10, above-mentioned,. shall be completed
within a period of orie-hundred twenty (120) days from the date of thi~
resolution.
,i -3- PC85-128
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BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with eacti and all of the conditions
hereinabove set fo~th. Should any such condition, or any part thereof, be
de~laced 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 RESOLUTION is signed and pproved by me this 13th day oE
May, 1985. / ~1
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CHAIRMAN, ANAHEZM CITY PLANNItvG COMMISSION
ATTEST.
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SECRETARY, ANAHEIPI CITY PLANNING COMPIISSION
STATE OF CALIFURNIA )
COUNTY UF ORANGE ) ss.
CITY OF ANP.HEIPt )
I, ~dith L. Harris, Secretacy 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 May 13, 1985, by the
following vote of the members thereof:
AYES: COp1MISSI0NER5: BOUAS, BUSHORE, FRY, HEREST~ RING~ MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COhlt•1ISSI0~!SRS: LA CLAIRE
jN WITNESS WHEREO~, i Have hereunto ~et my hand tnis 13th day of May,
1985.
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RF,CFF.mAFv~ **!j;~+,~?+l C:TY Pi.;i127I2.G CGf•ilfiSSIVN
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