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PC 73-52RESOLUT~ NO. PC73-52 ~ A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE N0. 2478 BE GRANTED IN PART WHEREAS, the City Planning Commission of the City of Anahe~m did receive a verified Petition for Variance from LUSK CORPORATION, Post Office Box 2140, Newport Beach, California 92663, Owner; HOPEN, HEDLUND & DARBY, INCORPORATED, attention of Harold K. Hedlund, 3030 West Main Street, Alhambra, California 91801, Agent of certain real properL•y situated in the City of Anaheim, County of Orange, State of California, described as that portian of the land allotted to the heirs of Leandro Serrano in decree of partition of the Rancho Santiago de Santa Ana, recorded in Book "B" of judgments of the 17th Judicial District Court of California, lying within proposed Tract 8153; and WNEREAS, the City Planning Commission did hold a public hearing at the City Hxll in the City of Anahcim on March 19, 1973, at 2:00 o'ciock p.m., nodce o[ said public hearing having been duly given as required by law and in accordance with the provisions of the Maheim Municipal Code, Chapter 18.68, to hear and consider cvidence for ~nd against said proposed variance and to investigatu and make findings and recommendations in conncction therewitli; and WHEREAS, said Commission, after duc inspection, investigation, and study made by itself and in its bchalf, and after due cunsidcratfon of all evidence and reports offered at said hcaring, ducs find and detenninc thc following facts: That thc petitioner requests variances from the Anaheim Municipal Code ns follows: a. SECTION 18.13.~30(S-1) - Minimum lot area, (Petitioner hns withdrawn this waiver.) b. SECTION 18.04.075 - Re uirement that a lot ahall not side or £ront an an art~ 1 highway• ~Three euctl lots propoaed) 2. That the petitioner withdrew Waiver 1-a, above mentionec, and stipulated Co com- plying wiCh Cude requirements. 3. That the petitioner pruposes to subdivide aubject property into 45 R-H 10,000 Zoned lots having three lots siding on an arterial highway. 4. That Waiver 1-b, above mentioned, is hereby granted on the basis Chat Chere is a grade differenCial of ten feet between the arrerial highway and the affected property, and the pos5lble adverse effects of siding onto the arterial are somewhat minimized. 5. That there are exceptional or extraordinary cfrcumetances or conditiona applicoble L•o the property involved or to the inCended use of the property, as granted, that do not apply generally to Che property or clasa of use in the same vicinity and eone. 6. That the requested variance, as granted, ia necessary for the preservation and enjoyment of a substantial property right poegesaed by other property in the same vicinity and zone, and denied to the property in question. %. That the requesCed varia:~e, as granted, will not be materially detrimental to Che public srAtf~re.or injuricus to the property or improvements in auch vic~nity 8nd zone in which the property ie located. -~- OEV-66-E ~ ~ 8. 'That one person appeared representing the Peralta Hills Im.provement Association, and a letter was received expressing concern regarding increase in volume and velocity of water draining onto the properties lying below and northerly of subject property, as well as soil sloughoff from the pads being created. 9, That the peCiCioner stipulated to complyin.g with necessary drainage requirements of the City Engineer. ENVIRONMENTAL IMPACT REPORT FINDING: ThaC the Planning Commission, in connection with Environmental Impact Report No. 88 has reviewed the findings of the Environmental I~Pact Report keview Cammittee, and recommends to the City Council that Environmental Impact Report No. 88 be accepted as the Council's Environmental Impact 5tatement. NQW, THEREFORE, BE IT RESOLVED that the Anaheim City Plannittg Commission does hereby grant/5~bg~E~ Petition for Variance, upon the following condf.tions whfch are hereby found to be a iiecessary prerequisite ta the proposed use of Che subject property in order te preserve the safety and general welfare of the Citizens of the City of Anaheim: (1) That this variance ia granted subject to the completion of Reclassification No. 67-68-7, now pending, and Tentetive Map of Tract No. 8153, Revision 1. (2) That subject praperty shall be developed substantially in accordance with plans and specificaCions on file with the City o£ Anaheim marked Exhibit No. 1. T1iE FOREGOING RESOLUTION is signed and approved b~e thi~Gk`day of Morch, 1973. ATTEST: SECRETARY ANAHEIM CITY PLA,'VNING COI~111ISSION STATE OF CALIFORNIA )~ COUNTY OF ORANGE ) se. CITY OF ANAHEIM ) I, Ann Krebs, Secretary of the Cfty Planning Commisaion of the City of Anaheim do hereby certify that the foregoing resolution was passed and a..upted at a meeting o£ the City Plenning Commiasion of the City of Anaheim, held on March 19, 1973, nt 2:00 o'clock p.m., by the following vote of the members thereof: AYES: COrAtYSSIONERS: ALLRED, FARANO, GAUER, RERBST, KAYWOOD, ROWLAND, SEYMOUR. NOES: COMMISSIONERS: NONE. ABSENT: COMMISSIONERS: NONE, IN WITN~SS WHEREOF, T have hereunto set my hand thie 29th day of March, 1973. SECRETARY ANAHEIM CITY PLANNING COMMISSION RESOLllTION N0. PC73-52