Resolution-PC 92-50$ESO_~.u•rlorv rra_~-~4
A R~SOLUTION OF THE ANAHCIM CITY I'LANNING CC~MMIS5IOPd
THAT PETITION FOR VARIANCE NO. 4177 BE GRANTED
WHEREAS, the Anaheim City Planning Cummissian ~id receive a verified
Petition for Variance for certain real Froperty situatcd in ttie City of Anaheim, County of
Orange, State of. C1lifornia deFCribed as:
THF. EAS'TERI,Y REC;TANGUL.~2 ONE-HALF O~ LOT 4 AND
ALL OF LO'1'S 5 TU 28 INCWSIV~ II~T BLOCK C OF THE
HOTEL DEL CAMPO TRAL'I', IN THE CITY OP' ANA~~EIM,
COUNTY OF ORANGE, S`~ATE OF CALIFORNIA, AS SHOWN
ON THE MAP RECORDF.D IN BOOK 24, PAGES 69 AND 70 OF
MISCELLANEOUS RECORDS Or LOS ANGELES CUUNTY,
C.ALIF~RNIA.
WHEREiA5, the City Planning Commissinn did huld a public hearing at the
Civic Center in tl~e City of Anaheim on March 23, 1~92, at 1:30 p.m., notice of sai@ public
hearing having been duly given as required by law t-nd in accordance with the provisions of
the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and aguinst
said proposc:tl variance and to investigate and make findings and recommendutior~s iri
connection therewith; and that said public he~ring was continued to the Aprit 6 and April
20, 1992 Planning Commission meecings; and
WHEREAS, said Commission, after due inspection, investigation and study
made by ixself and in its behalf, and after duc consideration ~f all evidc~nce and reports
affered at said hearing, docs find and determine tke following facts:
1. That the petitioner proposes waivers of the followinb to establish a 9-lat
single-family residential subdivision:
(a) ~~~ C ION 18.27.06 .410 - Reatiired orient2ion of structures.
(Single-family dwellings to rear un arterial
highway; ~nP fr~nt-on and one side-on dwellings
proposcd along Broadway)
(b) SECCION ?8.27.Q¢~ - Re°uire ite ~creenine.
(~foot ~h block w~!l udjacent to arterial
highwuy required; none proposed)
2. That the abovc-mentioned w:iivery are ~ereby ~rantcd c,n basis that
there are specia; circumstances applicable to the property such ~ts size, sl~ape,
CR1475MS.w1, -1- PC~2-50
topography, locatiQn and surroundings which do not apply to other identically zoned
property ir~ the same vicinity; and that s4rict application of the Ioning Code deprives the
prnperty of jarivile~es enjoyed by other properties in the identical zone and classification in
the vicinity;
3. Th~t the proposed residential density and loi coverage comply with
Code standards;
4. Th1t the "move-on" historic homes are compatible in age and design
with existing surrounding cesiclences;
5. That there are exceptional or extraordinary circumstances or conditions
a~plicable to the property 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;
G. That the requested variance is necessary for the preservation and
e~i;oyment nf a stibstantial property rigt~t possessed by uther property in the same vicinity
and zone, and denied t.~ the property in question;
7, That the requested variance will .not b~ materially detrimental to the
public welfare or injurious to the property or improvemen~s in siich viciniry and zone in
which the property is located; and
8. That no one indicated their presence ~t said public heari.~ig in
opposition; and that no correspondence was received in opposition ta subject petitiun.
~'A I~. FORN[P FNViRONMEN'fAL (?UAi.ITY AC'f F DING: That the
Anaheim City Planning Commission I~as reviewed the proposal to reclassify subject property
from the ML (Industrial, Limit~d) to the RS-S,U00 (Residentiai, Single-Family) Zone to
estlblish a 9-lot single-famity reside•ntial subdivision with waivers of required orientation of
structures and required site screening oci u rectangularly-shaped parcel of l~nd consisting of
approximately 1.6 acres, located at the northwest corner of Aroadway and Atchisor. Street,
having a~proximate frontages ~~f 147 fect on the north side of Broadway and 590 feet ~~n the
west s~de of Atchison Street, and further described as 113 to 21S South Atchison Stt•c°.t and
615 East Broadway; and does hersby approve a mitigated Negative Declarstion and adopt
the Mitigation Monitoring Program pursuant to 5ection 21081.6 of the Public Res~urces
Code on the basis that the Planning Commission has corL~idered the ~rop4sal with the
m~tigated Negative Declaration and Monitoring Program, together ~vith any comments
recPived during the public review process and further finding, on the basis of the Init~al
Sr.udy, that there is no substantial evidence that the project wi{I have a signiticant effect on
the environmcnt.
NOW, THERECURE, BE 1T RESOLV~D ihat the Anaheim City Plantung
Commission does hereby grant subject Petition for Variance, upc~n the following conditions
_2. PC92-50
which are hereby found to be a nscessary prerequisite to the proposed use of the subject
prnperty in order to pi•eserve the safety and general welfare of the Citiz~ns of tl~e City of
An~heim:
That all garages having perpendicular access from the existing alley sha~i be set back
a minimum of fifte~n (15) fPet frum the centerline of said sxltey.
2. That trash storage aretts sha.ll. consist of one (1) container for trash And one tl)
container for recycables, and th~tt said containers shall be stored out af the pt~blic's
view.
3. That the le~al property owner/developer shall provide and install underground
canduits, substructures and related material in accordancr, wit:i rity of Anaheim
Electricxl Engineering Dr~iwings ~nci City of Anaheim Clectrical Rates, Rules, and
Regulations for Underground Line 1?xtensions.
4. TUat the developer shall be r~esponsible for compliance with a~l mitigation measures
within the a.~signed time frames and any direct costs ~s;;ociated with the ~attached
Mitigation Monitoring Program No. US1 as esiab~ished by tt~e l~ity of Anaheim and
as required by Section 21081.6 of tl~e Public Resourcc;s Code to ensure
implementation of those identified mitigation measures.
5.• That a tract map to record the division of subject property shall be submitted to and
approved by the City of Anaheim and then be recorded in the Office of the Urange
County Recorder.
6.r That this Variance is granted subject to adoption of a zc~ning orciinunce in connection
wiih Reclassi~cation No. 91-92-1G, now pe~ding,
7. That subject property shall be developed substantially in accordance wi4h plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are
on tile with the Planning Departmen.t marked Exhibit Nos. 1 through 3.
8. That prior to issuance of a building permit or virithin a period of onc (1) year from
the date of this resolution, whirhever occu.rs firsc, Condition Nos. 5 R~nd C,
above-mentioned, shall be complied with. Extensions for further time to complete
said conditians may be granted in acc~rdance with Section 18.03.090 of the Anaheim
Municipal Code.
9. That prior to ~nal building and zoning inspecti~ns, Condition Nos. 1, 2, 3 and 7,
above-mentioned, shall be complicd with.
10.' lfiat approval of this application constitutes approval of the proposed request only
to the extent that it compli~s with the Anaheim Municipal Zonir~g Code and any
-3- PC92-50
ether applicable City, State and Federal regulatic~ns. Approval does not include any
action or findings as to compliance or approval of the request regarding any other
applicable ordinance, re~ulation or requiremenx. Conditions m~irked witl~ an asterisk
(') are required by esta.blished laws, codes, regulations ancl agrPements aiid are,
thPrefore, not subject to negntiatioii.
BE IT P'UR'I'I-~ER RESOL.VED thttt the Anaheim City Planning Commission
does h~reby ~nd and determine that adoption of this Resolt~tian is expressly predicated
upon applicant's campli~nce with each and all of the conditions hereinabove set forth.
Sh~uld any such conditions, or any part tl~erpof, be declared invalid or unenforceaal~ Uy the
final judgment of uny cottrt of competent jurisdiction, then this Resolution, and aay
approvals ~herein contuned, shal; be deemed null an + void.
TH~ FOREGOING I~ESOY.UTION ~vas adopted at the Planning Commission
nieeting of April 20, 1992,
~ ..~..-.~, ~
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C~-IA MAN, ANAHEIM IT Y P NNI G COIiQMISSdON
ATTEST:
____ ~~~AR CzIL( C~'~'vkct~
SBCRET Y, AHEINI CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CI'I'Y OF ANAHEIM )
Y, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolutian was passed and ac?opted at a meet:r~g of the AnahFim City
Planziing Commission heid on April 2U, 1992, by the following vote o£ ihe members thereof:
AYFS: COMMISSIONF.RS: BOTJAS, BRISTOi., HELLYER, H~NNINGER, MESSE
PERAZA, ZFMEL
NOES: COMMISSIOrTCRS: NONE
ABSENT: COMMISSI~NERS: NONE
I~ 'I'T1ES5 WHEREOF, I have hereunto set my h~nd this 1~, day of
~ 71. , 1992.
~ ~};I~~CL/Z,q lr~t.~{~~ ~ k-~
SECRCT , Y, ~?1AHEIM C1TY PLANNING COMMISSIOr?
-4- PC92-SU