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PC 85-82RESOI.UTIOPI N0. PC85-82 A RESOLUTION Ob' T[iE ANAHEIM CITY PLl,NClING COIdMISSZON THAT YE:Ii'ION FOR VARIANCE NO. 3964 BE GRANTED WH~REP.S, the Anaheim City Planning Commission ~.id receive a ve[ified Petitton f~L Variance crom DOYLE ~. SMITH AND MARJORIE L. SMITH, 28544 Nuevo Valley D:ive, Nuevo, California 92367, o~ners, and LYNN ~;. THOMSEN, 1433 West Janeen Way, Anaheim, California 92801, agent for certain real propecty situatea in the Cit}• of Anaheim, County of Orange, State of CaliEornia desccibed as: LUT 4 UF "TR,+.CT N0. 1322'~ AS SHOWN ON A MAP RECORDED IN BOOK 40 PAGE 7 OF M:SCELLANEOUS MAPS, RECORDS OF ORANC•~ COUNTY, CALI['ORNIA. WFIEREAS, the City Planning Co;nmissinn did hold a public hearing at Lhe Civic Center in the City of Anaheim o~~ March 4, 1985, at 1:30 p.m., notice of said public hearing haviny been duly given as requiced by law and in accordance with the provisions oi the Anat~eim ptunicipal Code, Chapter 18.03, to hear and consider evidence for and a~ainst said proposed variance and to investigate and make Eindings and re~ommendations in connection therewith; said public hearing having been c~r.tinued to the Planning Commission meeting of P.pril 1, 1985; and 61Hk:REAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and ceports cEfered at said hearing, does find and determine the following facts: 1. That the petil-ionec proposes aaivers of the following to establish a 4-lot, kS-720U single-family subdivisi.on: (a) SE(;TION 18.01.130 - Required lot frontaae (Frontage on dedicated street or atlev required; private street frontaae for lots 2, 3, and 4 proposed) (b} SECTION 18.26.061.020 - Minimum lot widl-h and f~ontane (70 feet required; 60 feet for Lot No. 4 proposed) (c) SECTION 18.26.063.010 - Minimum front vard setback (25 feet required; 14 feet for Lot No. 1 and 15 to 25 feet for Lot No. 2 proposed) (d) SECTION 18.26.063.03U - Minimum cear yard setback. (25 feet required; 10 feet foc Lot No. 1 and 15 feet for Lot No. 2 proposed) (e) SECTION 18.26.065.U10 - Permitted orientation of structures. (Structures required to rear-on aCteCidl hiqhwdys; SttUCtUI@ oIi Lot NO. .~ proFOSed to side-on Cerritos Ave ) ~0479r PC85-82 , _.. _.. c~^~4fi - _ .;~1 z• That the abcve-mentioned waivers are hereby granted on the b~sis that thece specia~ circumstances applicable to the propecty such as size, shape (eepecially its narrowness}, top~9raphy, location and surtoundings which do not apply to other identically zoned property in ~he same vicinity; and that strict applir_ation of the Zoning Code depri•~es the pcoperty of pcivileg?s enjoyed by other properties in the identical zone and classification in the vicinity. 3• That there are exceptional or extraordinery circumstances or conditions applicable to the property invol~ed or to the intended use of the sameevicinitt `~o not a~ply yenerally to r_he property oc class of use in the y and zone. 4• That the reque~ted variance is necesFCiry for the preservation and enjoyment oE a substantial property riyht ;~os::essed by other property in the ,attie vicinity and zone, and dpnied to the prop~~~y in question. 5• That the requested variance will not be materially dPtrimental to th~ public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 6• ':hat 11 persons indicated tneir presence at said public hearing in opposition; and that no correspondence was received in opposition to subject peGition. ENVIROPJMENTAI. ?MPACT FINDING: That the Anah~im City Commission has reviewed the ~- Planning single-Eamiiy subdivision with Wdi~ePosa f ~ quiredabotsh£ronta4elot, RS-7200 width and frontage, minimum front yard setback, minimum rear 9' minimum lot permitted orientation of stcuctures on a cectangularl Yard setback, and consisting of appco~;imately 0,75 acre, having a front ge hof ea parcel of land feet on the north s:de of Cecritos Avenue, and further describ dc~asm1643yWest Cerritos Avenue; and does hereby approve the Negative Declaration upon findir.g that it has considered the Negative Declaration together with any comments received during tne public review process ar.d further finding on the basis of the initial study and any comments rece:ved that there is no substantia7 e~idence that the project will ha~~~ ~ -i;ritica„L eFfect on the environment. NUW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Vari.ance, upon the following conditions which ace 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 Citizens of the City of Anaheim: 1. That the owner cf subj2ct pcoperty shall irrevocably offer to dedicate to tha City ot Anaheim a strip of land 45 feet in width from the centerline ~t the street along Cerritos Avenue for street widening purposes, 2. That all engineering requirements of the City of Anaheim along Cerritos Avenue, including preparation of improvement plans and installaCion of all improvements such as curbs and g~tters, side:~alks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied -2- PC85-82 with as required by the City EnginE•er and in accordance with specifications on file in the Office of the City Engineer. This shall include relocation of the existing ~urb and yutter to the ultimate location, construction of new asphalt pavement as required, and reconstruction or capping the existing pavement to the center line of l•he street; and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall he po~ted ~aith the City prior to issuance of building permits, to guarantee the installation of the above-required improvements prior to occupancy. 3. That the owner of subject property chall pay to the City of Anaheim a fee for tree planting ncrposes along Cerritos Avenue in an amount as determined by the City Council. 4. i~hat prinr to issuance of a building permit, appropriate park and recreakion in-lieu fees shall be paid to the City of Nnaheim in an amount as determined by the City Council. 5. That prior to issuance of a bailding permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an anount as determined by the City Cauncil for each new dwelling unit. 6. That the private street shall be devaloped in accordance with the City of Anaheim's Standard Detail No. 122 for private streets, including installarion of street name signs. Plans for the orivate street lighting, as required by the standard detail, shall be submitted to the Building Division for approval and included with the building plans ~rior to the issuance of building permits. (Private streets are those which provide primary access and/or circulation within the project). 7. That drainage of subject property shall be disposed of. in a manner sati.sfactory to the City Engineer. 8. That prior to commencemenl: of structura7 framing, fire hydzan~s shall be instali~d and charged as required and determined to be necessary by the Chiei of the Fire Depart.ment. 9. That prior to issuance of a bu;7.ding perm;t, primary water main fees shall be pazd to the City of Anahe~:*., in an amount as determined by the Office of the Utilities General P1ann~er. 10. That the owner of subject propecty shall pay tc the City of Anaheim a fee for street lighting along Cerritos Avenue in an amount as determined by the City Council. 11. That all driveways shall be constructed to accommodate ten (lOj foot radius curb reL-urns as required by the City Traffic Engineer. 12. That the ownec(s) oi subject property shall install "no parking" signs on the private street to the satisfaction of the City T:affic L•'ngineer. -3- PC85-82 ._ . .. _ ,, _. ... . „ . ..: . ,~~ . . . . , .;.:r. :,~ 13. That the turn-around area located at the terminus of the private street cul-de-sac shall b e designed to the satisfaction of the City Engineer, City Traffic Engineer, City Fi ce Marshall and the Street Flaintenance an~ Sanitation Division. I 14. That the two (2) Eoot wide Southern Califorr,ia Edison Easement located approximatel 50 :~; y feet from and parallel to the north property line shal2 be aba.ndoned or relocat d e to the satisfaction of the City Electrical Engineering Division. 15. That all lots within this subdivisicn shall b utilities. e served by underground ; t~ 16. That a private sewer system ~hall be provided on-site to the satisfaction of the Cit E i y ng neer and the Street Sanitation Division. Maintenar.ce and 17. That a parcel map to record the approved division of subjCct property shall be submitted to and approved by the City oP Anaheim and then be recorded in the Office of the Orange County Recorder. 18. Tha~ temporary street name signs shall be installed prior to any occupancy if permanent street name signs have not been installed. 19. Ttiat gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public stceet, InstallaL-ion of any gates within a distance of forty (90) feet from said public screel- right-of-way shall be s~bject to the review anc~ approval of the City Traffic Engineer. 20. That prior to Final street inrspections, "NO parking for street sweeping" signs shall be installed as required by the Street Plaintenance and Sanitation Divis~on and in accordance with specifications on file with said division. 21. That all air conditioning facilities sha?7 bc prop<rly si~ielded from ~~~w. aiid che sound buffered from adjacent residential properties. 22, That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit No. 1 and Eshibit Nos. 2 and 3. 23. That prior to xssuance of a building permit, or within a period of one year from the date of this resolution, whichever occura first, Condltlon Nos. 1, 2, 3, 4, 5, 6, 9, 10, 13, 14 dnd 17, above-mentioned, shall be complied with. Extensions for furl•her time to complete said con~9itions may be granted in acco~darice with Section 18.03.090 of the Anaheim Municipal Code. 24. That prior to final building ar.d zoning inspections, Conditiun Nos. 7, 11, 12, 15, 16, 18, 79, 21 and 22, above-mentioned, shall be complied with. -~- PC85-82 BE IT FUP.THER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's complianc~ 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 competent jurisdiction, then this Resolution, and any approvals herein contained, sha11 be deemed null and void. THE FOREGOING RESOLUTION is signed and approv~ by me this lst day of April, 1985. ~~ !~~ 1 ~ ..\ ~~~ "~ ` /J _ " ,.~L--' CHAIRMAN, ANRFY M CITY PLAND]ING COMMISSION ATTEST: (a 11~~G~. .~ ~., . SECRETARY, ANAHEIhf CITY PLANNING COMMISSION STATE OF CALIEORNIA ) COUhTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, 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 Planning Commission held on Apri.l 1, 1985, by the following vote ot the members thereof: AYES: COMMISSIONERS: ROUAS~ BUSHORE~ FRY, HERBST, KING, LA CLAIRE~ bIC BURNEY NOES: COt4MISSI0NER5: NONL•' ABSENT; COMDIISSIONERS: NONE IN WTTtJESS WHEREOF, 1 have hereunto set my hand this lst day of April, 1985. ~~!f G. ~ ~/~w.~ ~.~ SECRETARY, ANAHEIM CITY PLRNNING COMMISSION ~F~`:... , 7Ar _ ~~ -5- PC85-82