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PC 85-209~~ .~~ RESOLUTION N0. PC85-209 A RESOLUTION OF THE hNAHEIM CITY PLANNING COMMISSION TSiAT PETITIOt7 POR VP.RIANCE N0. 3500 BE GRANTED WHF.REAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from NORMAN E CLEMENS AND LORELIE L. CLEMGNS, lOsS South t•leeker Avenue, West Covina, California 91790, owners of certain real property situated in the City of Anaheim, County of Orange, State of Czliforniz. described as: THE WEST 120 FEET OF THE SOUTH 230 FEET OF THE WEST 510 FE~T OF THE; SOUTHEAST QUARTER OE THE NORTHWEST QUARTER OL' SECTION 21, IN TUWNSHIP 4 SOUTH, RANGE: 10 WEST~ SBB&M. WHER~AS, the City Plannir.g Commission did hold a public hearing at the Civic Center in the City ef Anaheim on September 16, 1985, at 1:30 p.m., notice of said public hearing having been duly given as required by law ~nd in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to heac and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and [9HE`~SAS, :;aid Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and repar=s offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes waivers of the follot,~ing to establish a two-lot, RS-7200, single-family subdivision: SECTIO[J 18,26.061.020 - Minimum lot width and frontaqe. (70 feet required; 60 feet proposed) 2. ihat the above-mentioned waivers are heceby granted on the basis tLat ti,ace ace s~,eciai circwustances applicable to r.he property such as size, ~hape, topography, location ar.d surroundings which do nat apply t~ other identically zoned property ir~ the same vicinity; and that st•rict application of the zoning Code depxives the property oE privileges enjoyed by other properties in the identical zone and classification 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 general].y to the property or class of use in the same vicinity and zone. 4. That the requestr.9 variance is necessary for th~a preservation and enjoyment of a substantial property right possessed bv ocher property in the same vicinity and zone, and denied to the property in question. 5. Thak L•he requested variance :~ill not be materially detcimental to the public welfare or injurious to the property or improve~ents in such vicinity and zone in which the property is located. 0615r PC85-209 "4. ~ ~ 6• That no one indicated their presence at said public hearing ip opposition; and that no correspondence was received in opp~sition to subject Fetition. EtJVIRONMENTAL IMPACT FINAING: That the Anaheim City Planning Commission has reviewed the proposal to establish a two-lot, RS-7200, single-family subdivision with waiver of minimum lot width ar.d frontage on a rectangularly-shaped parcel of land consisting of approximately 0.50 acre having a frontaae of approximately 120 feet on the north side of Cer[itos Avenue, and further deecribed as 1599 West Cerritos; and does hereb ' the Negative Declaration upon finding that it• has considered the Negative Declaration together with an Y aAProve process and Eurther finding onythe~b,siss of the Vinitiallstudvh and any comment~ received that public r~view there is no substantial evidence that the project will have a significant eFfect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Conimission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a nECessary prereauisite to the proposed use of the subjec~ property in orber to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the owner of subject property shall pay to the City of Anaheim a feE for tree o].anting purposes along Cerritos Avenue in an amount as determined by the City Council. z. That prior Co issuance of a bailding permit, appropriate park and recreaiion in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 3. That pcior 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 by the City Counci] for each new dwelling unit. 4. ~:hat drainage of subject property shall be di~posed of in a manner satisfactory to L•he City Engineet, 5. That prior to commencement of structural Eraming, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. G• That the owner of subject property shall pa}• to the City of Anaheim a fee for street lighting along Cerritos Avenue in an amount as determined by the City Council. 7. That prior to the issuance of building permits a parcel map to record the pruposed division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange Couirty Recorder. ~• That the proposed driveway be relocated westerly to the satisfaction of the City Traffic Engineer. ~ -2- PC85-209 ~ _ .. ,.... t ,;,. ,.. ~ 9. That prioc to issuance of building pecmits, the applicant shall present evidence satisfacL•ory to the Chief Building Znspector that the proposed project is in conformance with Council Policy Number 542 "SOUnd Attenuation in Residential Projects" and wiL•h Noise Insulation Standards specified in the California Administrative Code, Title 25. 10. That subject pcoperty shall be developed substantially in accoxdance with plans and specifications on file wich the City oE Anaheim marked Exhibit Nos. 1 through 4. 11. That the owner of subject property shall su6mit a letter cequesting termination ~f Variance No. 1539 to the Planning Department. 12. That prior L•o the commencement of the activity autY.~~rized under this resolu~ion, or prior to issuance of a building permit, or within a period of orie year fcom the date of this cesolution, whichever occurs first, Condition Nos. 1, 2, 3, 6 and 11, above-mentioned, shall be complied with. Extensions for further t;.me to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 13. That prior to final building and zoning inspections, Conditi~n Nos. 4, 8 and 10, above-mentioned, shall be complied with. g~~ IT FURTHER RESOLVED that the Anaheim City Planning Commis^ion does hereUy find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all ~fa t ethe eof, obe hereinabove set forth. Should any such condition, o~ any p declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then thi> Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGUZNG RESOLU'PION is si9ned and appr.oved by me this 16th day of September 16, 1985. -~ r ~~~ ~ [il,~ C7 ~~2vC~/~ CHAIRWOMAN~ ANAHEIM CITY PLANNING COMMISSION ATTEST: _ SECRETAR ~ 7+NAHEIFi CITY PLANNING ^O:iMISSIOt~ _3_ PC85-209 ~ -. _ ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE j ss. CITY OF ANAHEIhi ) I~ Edith L. Flarris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Plar.aing Commission held on September 16, 1985, by the following vote of the members thereof: AYES: COMMISSIONERS: BOUAS, FRY~ HERBST, LA CLAIRE, LAWICKI, MC BURNEY, NUES: COMMISSIONERS: IJONE ABSENT: COPIMISSIONERS: MESSE IN WITNESS WHEREOF, i have hereunto set my hand this 16th day of 5eptember, 1985. ~'"'~ CitA.c~ SECRETARY, ANnHEIP? CITY PLANNINC COMMISSION / ~3 PC85-209