PC 74-106. " ~I '~
RESOLUTION N0. PC74-106
A RESOLUTION OF THE CITY PLANNING CGMMISSION OF THE CITY OF ANAHEIM
THAT PETITION FOR VARIANCE N0. 2596 BE GRANTED
WHEREAS, the City Planning Commission of the City or Anaheim did receive a verified
Petition for Variance from MGLVIN SCHANTZ, 1741 West Katella Avenue, Anaheim, Californiy
92804, Owner; and RONALD E. COMER, 1095 1+lorth Main Street, Suite D, Orange, California 92667,
Agent, of certain real property situated in the City of Anaheim, County ofOrange, State oF
California, described as follows:
That portion of Lot 8 in Block S of the Golden State Tract, in the City of Anaheim, as
shown on a map thereof rec~rded in book 4, pages 66 and 67, Miscellaneous Maps, records
of saicl Orange, County, described as follows:
Beginning at the most Westerly corner of said loe; thence along the Wester2y line af said
lot, South 15° 58' 2S" East, 620.06 feet to a point in said Westerly line distant thereon
North 15° 58' 25" West, 40.00 feet £rom the most Southerly corner of said lot; thence Nor~h
65° 05' 25" East, 163.22 Leet; Chence North 1° 13° 30" East, 365.00 Leet; thence North
3° 10' 06" West, 252.3~ feet to the most Easterly corner of Tracr. No. 5124, as shown on a
map thereof recorded in book 188, pages 41 and 42, Miscellaneous Maps, records of said
Orange County, said most Easterly corner being in [he Northerly line of said lot; [hence
along said Northerly line South 74° O1' 43" West, 325.08 feet to the p~int of beginning.
and
WHEREAS, the City Planning Commission did hold a public'hearing at the City Hall in the Cicy
of Anaheim on May 29, 1974, at 2:00 o'clack p.m., notice cf'seid public hearing having been
duly given as required by law and in accordance with the provisions of the Anaheim Municipal
Code, Chapter 18.68, to hear and consider evidence for and against said proposed variance
and to investigate and make findings and recommendat:ons in connection therewith; and
WHF?:iAS, said Commission, after due inspection, investigation, and study made by icself
and in its behalf, and after due consideraCion of all evidence and reports offered at said
heari.ng, does find and determine the following facts:
1. That the petitioner requests the following variance from the Anaheim Municipal
Code to construct a 77-unit, 8-lot, R-3 subdivision:
(a) SECTION 18.08.550 - Minimum lot width on a cul-de-sac. (60
feet required; 52, 56, 58 feet proposed)
(b) SECTION 18.28.050(7)(d) - Minimum pedestrian accessway. (S Eeet
required; 7 feet proposed)
2. That Waivere 1-a and 1-b, above-mentioned, are hereUy granted on the basis that
the developer demonstrated that a hardship would be created if said waivcrs were not granted.
3. That the petitiuner stipulated that rather than construct the five-foot earchen
berm and five to six-foot maoonry wall as required by Council Resolution No. 72R-234rezonir,g
the subject property, that an offset etght-foot masonry wa11, ran jn color, and a three-fooL•
wide landscaped area, is proposed to be constructed to separate the Orange Preeway Lrom the
proposed twenty-fooC wide public alley.
4. That the petitioner stipulateA to construct the project in compliance with the
noise insulataon standards applicable to exterior wells as adopted by the Department of
Housing and Community Development.
5. 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 generally
to the property or class of use in the same vicinity and zone.
6. That Che requested variance is necessary for tlte preservaL•ion and enjoyment of a
subatantial propert,y right possessed by other property in the same vicinlty and zone, and
denied to the property ir. question.
7. That the requested variance will not be materially detri:nental to t}e p~blic welfare
or injurious to the propetty:'or'improvemenls in such vicinity and zon? in which the property
is located.
ENVIRONMENTAL IMPACT REPORT rINDING:
That the Director of Development Services has determined that the proposed activity falls
within the definition of Section 3.01, Class 5 of the City of Anaheim Guidellaes to the
Requirements for an Environmental Impact Report and is, therefore, cate~orically exempt
from the requirement to file an EIR.
V1-G -1- RESOLU'TION N0. PC74-106
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NOW, THEREFORE, BE IT RESOLVED th~t the Anaheim City Plenning Commission does hereby grent subject
Petition for Varience, apon the following conditions which are hereby found to be e necessary pr~requisite to the pro-
posed use of the subject property in ocder to presena the sefety and generel welfare of the Cilizens of the City of
Anaheim:
1. That this variance is granted subject to the completion of Reclassification
No. 71-72-41 and Tentative Map of Tract Na. 8678, now pending.
2. That an accoustical analysis shall be provided showing that the proposed buildings
are designed to limit intruding noise to an interior noise level not to exceed 45 dSA
in auy habitable room measured in accordance with the UBC Standard No: 35-3 and that a test
report showing compliance with the allowable interior noise level be submitted to the
Building Division prior to occupancy, as stipulated to by the peCitioner.
3. That subject property shall be developed substantially in accordance with plans
and specifications on file with the City of Anaheim marked Exhibit Nos. 1(Rev. 1), 2, 3,
4, S, 6, 7, 8, 9, and 10.
THE FOREGOING RESOLUTION is eigned and epproved by me this 29th day of May 1974.
ATTEST:
//1.~~~ ~ ~i/1~
CHAIRMAN ANAHEIM CITY PLAPINING COMMISSION
, • __.~-
SECRETARY ANAHEIM CITY PLANNING, COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) s9•
CITY OF ANAHEIM )
I, Patricia B, Scanlan, Secretary oE the City Plenning Commission of the City of Aneheim, do hereby certify thet
the focegoing cesolutibn wes passed and edopted at e meeting of the City Planning Commission of the City of Aneheim,
held on May 29, 1974~ et 2:00 o'clock P.M., by the following vote of the members thereof:
AYES: COMMISSIONERS: COMPTON, FARANO, HERBST, KING, MORLEY, GAUER
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: JONNSON
IN WITNESS WHER~OF, I heve hereunto set my hend this 29th day of May 1974.
~Q~~i4./,e.t~e~..J/~1 . ~Li~.a
SECRETARY ANAHEIM CITY PLANNING COMMISSION
Y2-G -2- RESOLUTION N0. PC74-106