PC 85-146RESOLUTION N0. PC85-146
A RF.SOLUTIUN Oi THE ANAHEIM CITY PLANNING COMMISSION
THAT P6TITION FOR VARIANCE N0. 3484 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from PATRICIA N. SAHAGUN, 1003 East Bcoadway, Anaheim,
Calif.ornia 92680, owner, and TOM COULTRUP, 18132 Norwood Park, Tustin,
California 92680, agent of certain real property situated in the City of
Anaheim, County of Ocange, State of California described as:
LOT 29~ BLOCK "B' OF TRACT LORELEI~ AS PER MAP RECORDED ZN
BGOK 29~ PAGE 24 OF MISCELLANEOUS MAPS~ A.ECORDS OF LOS
ANGELES COUNTY IN THE OFFICE OF THE COUNTY RECORDBR OF SAID
COUNTY.
WHERP.AS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on May 13, 1985, at 1:30 p.m., notice
of said public hearing tiaving been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said p~oposed vaziance and to
investiyate and make findings and recommendations in connection therewith;
said public hearing having been continued to the Planning Commission meeting
of June 10, 1985; and
WHEREAS, sai.' Cummission, after due inspeccion, investigation and
study made by itseli and in its behalf, and aftez due consideration of all
evidence and reports offered at said hearing, does find and determine the
following Eacts:
1. That the petitioner ~:roposes waivers of the following to
construct a second detached single-Lamily dwelling:
(a) SECTIONS 18.27.061.O1U - Minimum buildinq site area.
AND 18.32.020.010 (J 000 sf. per dwelling unit required;
2,975 sf. proposed)
(b) SECTZONS 18.27.062.030 - Minimum floor acea.
AND 18.32.020.010 (1,225 sf. required; 923 sf. proposed)
(c) SECTIONS 18.27.063.020 - Minimum side yard setback.
AND 18.32.020.010 (5 feet required; 3.5 feet proposed)
2. That the above-mentioned waivers are hereby granted on the
basis that there are special circumstances applicable to the property such as
size, shape, topography, location and surroundingc which do not apnly to other
identically zoned property in the same vicinity; and that strict application
oE the Zoning Code deprives the propetty of pri~ileges enj~yed by other
properties in the identical zone and classification in the vicinity.
3. That the proposed variance is hereby granted subject to the
petitioner's stipulation at the public hearing to record a covenant in the
favor of the City of Anaheim restricting the u~e of the property tu two
single-family residences.
0596r PC85-146
4. That there a:e exceptional or extraordinary circumstances or
conditions applicable to the propezty 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.
5. That the requested variance is necessary for the preservation
and enjoyment of a substantial propecty right possessed by other property in
the same vicinity and zone, and denied to the property in question.
6. That the reque~ted variance will not be materially detrimental
to the pub.lic ~~elfare or injurious to the property or improvements in such
vicinity and zone in which the property is located.
7. That no one indicated their presence at said public hearing in
opposition; and that no co~respondence was received in opposition to subject
petition.
ENVIRUNMEN~AL IMPACT FINDING: Tt~at the Anaheim City Planning
Commission has reviewed the proposal to construct a second detached
single-family dwelling with waivers of minimum building s.ite area, minimum
floor area, and mir.imum side yard setback on a rectangularly-shaped parcel of
land consisting of approximately 5,950 square feet located at the northeast
corner of Broadway and Bush Street, and further described as 1003 East
Broadway; and does hereby approve the Negative Deciaratiun upon finding that
it has considered the Negative Declaration together with any comments received
duri.ng the public review process and further finding on the basis of the
initial study and any r..omments received that there is no substantial evidence
that the project will have a cigniEicant etfect on the anvironment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby yrant 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
genecal welfare of the Citizens of the City of Anaheim:
1. That prior to issuance of a building permit, appropriate park and
recreation in-lieu fees sha11 be paid to the City of Anah~im in an
~t;cciit as dc~CCUUi~ed by the City Council.
z• That ~rior to issuance of a builai.ng permit, the appropciate traEfic
signal assessment fee shall be paid to the City of Anaheim in an
amounk as determined by the City Council for the new dwelling unit.
3. That the owner of subject property shall irrevocably offer to
dedicate to the City of Anaheim a strip of land 63.25 feet ir. width
from the cEaterline of the street along Broadway for streei• widening
purposes and shall irrevocably effer to dedicate to the City of
Anaheim a strip of land 10 feet in width Prom the centerline of the
alley along the north property line for a12ey widening purposes.
4. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
5. That subject property shall be served by underground utzlities.
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6• That street Lightiny facilities along eush Stceet shall be installed
as required by the Utilities General Manager in accordance with
specifications on file in the Office ~-~ Utilities Ceneral Manager,
and that security in the form oE a bon~:, certificate of deposit,
letter of credit, or cash, in an amount and form ~:4tisfactory to the
City of Anaheim, shall be posted with the City to guarantee the
satisfactory conipletion of tl~e above-mentioned impcovements. Said
security sha11 be posted with the City of Anaheim prior to issuance
of building permits. The above-required improvements shall be
installed prior to occupancy.
7• That the existing driveway or~ Bush Stceet shall be removed and
replaced with a standard curb, gutter, sidewalk and landscap?.ng.
~• That all air con9itioniny Eacilities shall be properly shielded from
view, and the sound buffered from adjacent residential properties.
y• ;hat subject property shall be developed substantiall.y in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit PJOS. 1 and 2.
10. That prior to issuance of a building permit, or within a period of
one year from the date of this resclution, whichever occurs first,
Condition vos. i, 2, 3 ac,~ 6, above-mentioned, shall be complfed
with. Extensions for further cime to complete said conditions may
be granted in accvrdance with Section 18.03.090 of the Anaheim
Pfunicipal Code.
Il. Tha~_ prior to Cinal ouilding arid zoning inspections, Condition Nos.
4, 5, 7, 8 and 9, abovc -uier;,_onc:d, shall be complied with.
~:.• That prior tu issuance of a building permit, the owner of subject
property stia.lt execute and record a:ovenant, in a form approved by
the City Attorney's oEfice, and shall record said covenant with the
Orange County Recoroer's Office, restricting use of subject property
to two (2) single-family detached cesidences.
BE IT FURTHEP RESOLVED that the Anaheim City Plannina ~~~m2~~~Qn
does heceby fin~ an~! ,~,c~en;~i,-,e L'uac aooption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Should any such condition, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of
cumpetent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and a
of June, 19b5. pproved by me this lOth day
_r J/
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-'CHAI Mi,N, AN}1f~ETFi CITY PLANNING COMMISSION
ATTEST:
- " ,~i ~1 Fs~il.LtQ,,
SECRETARY~ ANAHEIM CITY PLANNING COF1MIuSION
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PC85-146
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STATE OF CALIFORNIA )
C~~UNTY OF OP.ANGE ) ss.
CZTY OF ANAHEIM )
I, Edith L. l3arris, Secretary of the Anaheim Cily Planning
Commission, do hereby certify that the foregoing resolutinn wa~ pasccd and
adopted a~ a meeting oY the Anaheim City Planning Commission held on June 10,
1985, by the following vote of the members thereof:
"~" AYES: COMMISSIONERS: BOUAS~ FRY~ HERBST, KING~ LA CLAIRE~ MC BURNEY
" NOES: COMMISSIONERS: NONE
ABSENT: COMMISSION~RS: B[ISHORE
IN WITNESS WIiEREOF, I have herettnto set my hartd this lOth day of
June, 1985.
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i`: SECRET Y, ANAHEIM CITY PLANNING COMMISSION
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