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Resolution-PC 92-68R~SQL~U7l0_N NQ PC92-68 A R~•SOLU710N OF 7HE ANAH~IiV1 CITY PLANNING COMMISSION THAT PETI"iION FQR VARIANCE NO. ~41F32 (3C rRANTED WhIEREAS, tha Anaheim City Planning Commission did rdceive a verifie~ PetitEon for Variance for certain real property situated in the Ciry of Anaheim, County of Orange, State af California described as: 7WAT PuRTION OF THE NORTHEAST ~UARTEH OF THE SOUTHEAST QUARTER OF SEI."'I'ION 16, TOWNSHIP 4, RANGE 10 WEST, IN THE RANI:WQ LOS COYOTE5, COtlMfY OF OF7ANGE, STATE OF CALiFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELlANE4US MAPS, RECORDS OF SAID ORANUE COUNTY, DESCRIBECI AS FOLLOWS: BEGINNING AT A POINT ON THE kORTH LINE OF THE NOR7MEA57 GIUARTER C~F THE SQUTHEAST UUARTER OF SECTION 18, T~WNSHIP 4 SOUTH, RANGE 1G WEST, S. B. B, & M., IN THE RAFICHO LOS GOYOTES, COUNTY OF ORANGE, STATE OP CALIFORNIA, SAID POINT O BEGINNING BEING 477.6 FEET EAST OF THE NORTHWEST CORNER OF7HE NORTHEAST QUARTER OFTHE SOUTHEAST CaUARTER OF SAID S~CTION; TH[NCE EAST ALONG THE ORTH LINE OF SAID N4RTHEAST 119.4 FEET; THENCE SOUTH, PARALLEL TO THE WEST LINE OF SAID NORTFiEAST QUARTER 364.82 FEET; THENCE WEST PARALLEL TO THE NORTH LINE QF SAID NORTNEAST ~UARTER 119.4 FEEf; THENCE NORTH, PARALLEL 70 THE WES7 LINE OF SAID NQRTHEAST AUARTER 3E~3.82 FEET TO TfiE PLACE OF BEGINNING. WHEflEAS, the Giry Planning Commission did hold a public haering at the Civic Conter in tho City of Anahdim on May 18, iJ9?., at 1:30 p.m., notice of said pubiic hearin~ having been quly given as required by law and in accordance with the provisiuns of the Anaheim Municipal Code, Ghapter 18.03, to htiar and cansider evidence for and against said proposed variance and to investigat~ and make findings and recom~r~endations in connection thsrewith; and WMEREAS, said Commission, after due inspe~tion, investigatiun and study made by itself and in its benalf, and after d«e c~~sideration of all evidonce and reports otfored a- said hearing, doss find and doterrnine the following facts: 1. That the petition~r proposes waiv~rs of the following to construct 8 single-family detactied homes: (a) 5~~..8~~Q (b) Se ti~. ~n 18 2_7•061 •Q10 ,B,e~..Ji red lot frontag~. {All lots requEred to abut a,public street; 7 tots abutting a'r~vate str~et proposed) Minimum bui[dinq site are~. l5.000 sa•$. lots required; 8 Ints ranging from ~,278~2 3~~2 sa.ft. proposed) CR1503MS.~.vp -1- PC92-68 (c) Ser,tion 18.27.061,020 (d) ..~tL9~1~.~7.065,010 Nii i i .~ildina ~Ite width. (50 feet per lot required; 8 lats rarigfng from,~~? to 41 ~ feet ~roposed) .~equir@d Ir,~,~ and orientation of st uctures.. (Single-family residencos requ(rad to ,~ear ~p, ~rterial hiahwavs; ane singie-familyr residence proposed to side or4 Orange Avenue) 2. That there are special circumstances Applicable to sub(ect praperty consistin~ of size and shape which do n~t apply tn r~ther identically zoned properties in ~ha vicinity ~ecause tho narrow width of the property causes development canstraints due to the need for ~+rUVidinq ac ~~ to all lots throug'h the use of a private street along the east prop~rty iine and past th~e first lot, a~d that subJect property is too narr;~~w for the provision of a cul-de-sac with lots on bo!h sides, thereby )ustifying waivers (a) r~nd (d); 3. ~'hat strict application of the Zoning Codn deprives the ~,roporty of privileges enjoyed by other praperties in identiral zoniny classification in the vicinity bec~use existing nearby residential lots side onto to C3range Avenu9 thereby Justifyfng waiver (d); 4. That, daspito waivors (b) a~d (c), the proposed dwellings com~-ly with all height, setback and lot coverage st~ndard~ of the R~-5000 Zon~; and 5. That sixteen t16) peopla indicated their presenca at said public riearing in opposition; and that no corresponcience was received in oppnsition to subJect petftion. s~AUFqRNI~~NVIRONI~ENTALaI~AI.ITY A~FINDING, ThattheAnaheim City Planning ~ammission has reviewed the propoRal for waivors pf required lot frontage, minimum building site area, minimum building site width and required locatian and oriontation of structure~ to construct 8 single-family detached homes an a rectangularly- shaped parcel of land consisting of approximatAly 0.9 ~cre having a frontage of approximately 119 feet o~r the south sid~ of Orange Auenuo, having a maximum depth of approximately 332 feet, bein~ located appraximately 715 feet west of the centerline of Brookhurst Streot and further described as 2260 West Orange Avenue; and does hereby appravs the N~gativg Declaration upon fnding that tho dec~aration reflects the indepondent judgernent Af the lead ~gency and that ft has cnnsiderod the Negative Declarati~n together wi'ch any comments receiv~d during tho public reviow process and furth~r ~n;iing an the basis of the initial study ancl any commenis received that ti~ere is na substantial evidenco Ynat tho projoct will hava a sig~iificant effect on the envi~onment. -2- PC92-66 NOW, THEREFORE, BE IT RESOLI~'ED that the Anahaim Ci'y Planning Cornmission does hereby grant subject Patition for Variance, upon thv lollowing conditions which are hereby found to be a nACess~ry prerequisite to the proposed use of the subJect property in order to presarve the safety anc; goneral welfare of the Citizens of Qhe City of Ar~aheim: 1. Tha! prior to flnal tract map approval, all lots shall be assigned street ad~rosses by the Euildin~ Divisfon. If requested by the devel~per or if required by the Ciry, a nai ne for 4he new private strent shall be submitted to tho Building Division for prior approvai. 2. Prior to issuance of a building pennit, the final tract map shall be submitted to and epproved by the City of Anahairn and the Orange County Sunreyor, and shail then be recorded in tho Office of the Orange County Recorder, in aa:oraance with Section 66499.30 of the California Subdivision Map Act. 3. That the driveway or Orange Avenue shall he constructed with twenty froe (25) foot radius curb returns as required by the City Engineer ir~ conformance wifh Engineering Standard No. 137. 4. That the minimum drivoway dimensions shall be as follows: (a) Tlt-up" garage doors: at least twenty nve (25) feot long bnd sixteen (16) teet wide driveways; and (b) "Roll-up" flarafle door~: at I~ast twerrry (20) teet {ong and six!een ~16) leet wide driveways. Su~h information shall ~e specific~lly shown on the plans submitted for building permits. Said doors shall be installed and maintained ss shown on submitted plans. 5. That a trgsh storage area for two (2) containers per dwelling shall be provided out of the public view. 8. That any troe planted on-site shall be repla~d in a t~~r~ely manner in the event tha' it is removed, damaged, diseased and/ar dea~. 7. That subject proporty shall be daveloped substeMia~ry in accordance with plans and specificatinns subm~ted to the City af Maheim by the petitioner and which plans are on file with Zhe Ptanning Departmdnt marked Exhibit Nos. 1 throuBh 4. 8. That prior to issuance ot a buil~ing permit er within a pe~fod nf one (1) year irom the date ot ttsis rosolution, whichever cxxurs first, Condition Nos. 2 and 4, above-mdntionetl, shall be complied with. Extensfons for tuRher time to completo -3- F'C92-88 said conditions may be granted in acco; dance with Section 18.03.Q90 of tho Anaheim Municipal Code. 9. That ~rior to final buildin~ and zoning inspections, Condition Nos. 3, 5 and 7, above-mentionod, shall bA c~mplied with. 10. That ap~rova! of this application canstitutes approval of the praposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other appticable Ciry, State and Federal regula:ions. Apprcval does not include a~y act~on or fndings as ta compliance or approval of the req~est regarding any other applicable ~rdiiiance, regulation or requirement. BE IT FURTHER i~ESOLVED that the Anaheim City F:3nning Cummission does hereby find and determine that adaption of this Resolution is exprassly prodicated upon applicant's compliance with each and all of the conditions hAreinabov~ set forth. Should any such condition, or any paR !hereof, be declared invalid ~r unenforceable by the final judgment of any cour: of comp~tent Jurisdiction, then this Resolution, and any approvais herein contained, shall be deemed null and void. TH~ FORECOING RESOLl,710N was adopted at the Planning Commissian meeting of May 18, 1992 /~L~- ~/ ~ ! CHA AN, ANAHEIM C P ING OMMiSSION ATTEST: %~ ~~ ~>- l.~ ,~! ~/ f(/i,7_~. t--~ SECRETARY, ANAHEIM CITY Pl"ANNING COMMISSION STATE OF CALIFORNiA ) CUUNTY vF ORANGE ) ss. CITY OF ANAhtEIM ) I, Edith !.. Harris, Secreta~~ af the Anaheim City Planning Conimission, du hareby certify that the f~regoing resolution was passed and ad4ptgd at a me~tin~ oi the Anaheirn City Piannin~ Commissio~ held on May 18, 1992, by the iolk~wing vote ot the m~mbers thereof: A tES: COM~dI~5if3NERS: BOUAS, BRISTUL, HELLYER, M~55E, PEft/1Z~~, ZEMEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: H~NNING~R IN W{TNESS WHEREOF 1 have hereurno s~t my hand this .~ clay ri ~ •, / , 1992. . ~~~,T "-- -'~/-- l~*t.t,t_..... SECRETARY, ANAHEIM CiTY PLANNINQ COMiVIISSION .q- PCP2-68