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PC 74-128RESOLUT~ N0. P~~4-128 ~ A RESOLUTION OF THE CITY PLANNING COMMISSiON OF THE C1TY OP ANAHEIM THAT PETITION FOR VARIANCE N0. 2610 BE : ~~NTED IN PART PIHEREAS, the City Planning Commission of the City of Ai~aheim did receive a verified Petition for Variance from ANAHEIM HILLS, INC./TEXACO VENTURES, INC., 380 Anaheim Hills Road, Anaheim, California 92806, Attn: JAMES BARISIC;(Owner); and WILLDAN ASSOCIATES, 125 South Claudina Street, Anaheim, Calif.ornia 92805.(Agent) nf certain real property si.tuated in ~he City of Anaheim, County of Orange, State of California, as described in Exhibit "A" attached hereto and referred to herein as though set forth in full WHEREAS, the City Planning Commission did hold a public hearing at ttte City Hall in che City of Analteim on June 24, 1974, at 2:00 o'clack p.m:, notice of said public hearing hat4ng 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 evidenee for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHF.REAS, said Commission, after due inspection, investigation, and study made by itself and in its bchalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner requests the following'variarices from the Anaheim Municipal Code, Eo construct a two-tract, 72-lot, R-1 subdivision: (a) Section 18.04.075 - Requirement that single-familv structures rear on an arterial hifihway. (4 lots to side on an arterial highway) (~) Section 18.04.090 1-h-1 - Maximum fence heiRht ia side setback area_of f~versed corner lot fc) Section 18.08.440 - RequiremenC that lots front on a dedicated street (d) Section 18.08.550 - Minimum lot width on a cul-de-sac. (60 feer required; (50 and 53 feet propcsed on two lots) (e) Section 18.24.030 3 - riinimum rear rard setback. (25 feeC required; 20 feet proposed on 1 lot) (f) Section 19.~4.030(4-a) - Minimum lot area (7=,200 square feet required; from ~,560 to "7,168 square feee proposed for ' 10 lots) (g) Section 18.24.030(4-a) - Minimum lot width; (70 feet required; 34 Co 68 feet proposed on 28 lots) 2, That Waivers 1-b and 1-c, above-mentioned, were withdrawn by the petitioner. ' 3. That Waivers 1-a, 1-d, 1-e, and 1-E, above-menti~ned, are heseby granted s~n the basis that the hillside tc~,ography j~isCifies deviations from the "flat~.and" 3evelopment stendards as delineated in the R-1 Zon?, and the proposed deviations app1J to a relatively small percentage'of tF.e total number of lots. 4. That Waiver 1-g, above-mentioned, is hereby denied on the basis that the Qroposed deviation jp~lies to too many lots (40% of the total) in the development, and that although the waiver of minimum lot width on the south side of Canyon Rim Road was granted for the develoQment immediately to the east, there is no justification to perpezuate the same waiver an so many lots in this project. 5. That there are exceptional or extraordinary cfrcumstances or conditions appiicable to the property involved or to the intended use as granted of the property that do not apply generally to the property or class of use in the same vicinity and zone. V1-G -1- RESOLUTION N0, PC74-128 ~~~'` .. _. . ~ DESCRIPTIOiJo . ~..::.~. ~~ _' .. . . `/ 1 ~ ~ r~ P, ~T~T~T~ L ~ _N: ~•c ~» ~ }1'titi5961~~3~ . °~ A 9cypl .. _ t~hAY 197•~ yy{ ~CjC'~~ =~ _,~] • . R :u.,. .~' Zo ~ , ~ Vrv :,:;~ j F„~»...>:..•W_.=., ~ 7HAT POP.TION OF SEC7i0N 12, TOYlNSH1P ~+ SOUTH~ RANCE 9 41EST, \c~ IN TH~ P.ANCHO SAt~TIAGO DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF~`~C~~~~ ~ORANSE S7ATE OF CALIFORNIA~ BcING ALSO A PORTIOtJ OF THE LAND ALLO'iTED TO•PAULA PERi,LTA DE DOMINGUEZ, AS DESCRIBED IN . THE FINAL DECREE OF PARTITION OF THc RANCHO SANTIAGO DE SAIVTA ANAP 4lHIC4 VIAS EN7ERED SEPTEMB~ R 12, 1868 IP7 E300K "B" PAGE 410 OF ~JUDGM~NTS OF TH'c DISTRIC7 COURT OF TH~ 17TH JUDICIAL • DTSTRIC'f It+l AND FOR LOS ANGELES COUN7Y,• CALIFORNIA~ DESCRI[iED AS FOLLqWS: ~ COMMEt~lCING AT 71'E SOUTHWcS7ERLY 7ERMINUS OF THAT CERTAIN COURSE SHOIJN AS "N 66° 33` 56" E 1689.54 FcEI'" ON A MAP FIL•ED•TN SOOK 91 PAGE 40 OF RECORD OF.SURVEYS ON FILE IN THE OFFICE OF THE COUtJTY RECORDER OF 5AID ORANGE COUNTY; 7HENCE ALONG SP.ID COURSE NORTH 65° 33' S6" EAST 196028 FE~T TO THE TRUE POINT~OF BEGIPJNING OF 7HI5 DESCRIPTION~ THcNCE 50UTH 29° 47' 2$" EAS7 k7E.88 FEET; :THEtdCc SOUTH 2S~ 07' 06" EA57 329.94 FEET; THENCE SOUTH 00° 06" 45'~ EAST 888e74 FECT; THcNCE NOP.1'H 57° 48' 14" EAS1' 130e88 FEET; THENCc NORTH 30° 08~ 29" EA57 35~t.4T FE~ET; 'H~3CE~RSTT278o94 5~° 05° Y4" EAST 266.40 FEET; THENCE NORTH,83 53 _ FEE.T; 'fH~~CE NORTH OQ° 57' 04" EAST 69k.87 FEET~ THENCE=-- NORTFi 84' 16' 31" L•lEST 172003 FEET TO A 7ANGEN7 CURVE CONCF~VE SOUTH'tRLY HAVING A P.ADiUS OF 80Us00 FEET; THENCE ~JESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 00~ 44" A DISTANCE OF 139080 F~~T; TFIcNCE ALONG A RADIAL LINE OF SAID CUR~~E NORTi-I 04°. 17' 15~~ Y1E5T 162 e 10 FEET; 7HENCF NORTH 32° 03 ~ 13~' EAS'C. 630 1~ , • FEETj THcNCc NORTH 59° 22' 27" EAST 6?..73 FEET; TNENCE fVORTH 66° ?2y 02" EAST 126,10 FEET; THENCE NORTH•52°'S4t 55" EtiST 112.00 FECT TO A TAtdG~NT CURVE CONCAVE NORTH~~I~S7ERLY HAVING A RADIUS OF 465000 FEET; TH~NC° NORTHEASTERLY ALQNG SAID CURVE THROUGN A CEA7iRAL kNfLE OF 28° 49' 16" A DISTANCc aF 233.91 FEET; THENCE TANGENT TO SAID CURVE NORTH 3~+° O5~ 39" EAST 63ot+5 FEET TO A 7ANG~NT CURVE C~NCAVE SOUTHEA57ERLY HAVING A RAUIUS OF 155000 FEET; iF1ENC~ NCRTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE ' OF 31° 29' 25~' A DISTANCc OF 85a1$ FEEI'; TfiENCE ALONG A RADIAL OF SAID CUkVE NORTH 24° 24~ 56" ~dEST 11.93 FEET; THENCE NOR7H • 62° 32~ 56" FAST 86,77 FEET; THENCE NORTH 61° 55' 39" EAST ' 68000 FEET; THENGE NORTH 23° 57~ 39" 41EST. 121o6tt FEE1'~ 7HENCE ~ ' HOi2TH b6' 02' 21" EAST 142.9=t FEET TO A TANGENT CU{tYE CONCAVE SOUTHEASTEi2LY HAVING A RADIUS OF 250.00 FEET; ThIENCE ~SORTHEASTERIY ~ ALONG SAID CUR'V~ THROUGN A CENTRAL ANGEL OF 20° 36~ 3~~~ A DISTANCE OF 89,97 FEE7; THENCE ALONG A RADIAL•OF SA'ID CURVE NORTH 03° 21' 09" l~lEST 121e57 FEE7 70 A POIN7 IN 'fHAT CEP.TAIN C6URSE SH04lN , ~S "N 75° 02' 26" E 2264.54 FEE7" ON SAID RECORD Or SURVEYS; THENCF ALONG SAID COURSE SOUTH 75° 02' 26'~ WES7 376.62 FEET TO TH~ NOR?HEASTERLY TERMINUS 0~ 7HAT COURSE HEREIh~;BOVE DE,SCRIBED AS "N 66° 33' S6" EAS7 1689e54 FEE7"; 7HENCE ALQNG SAID COURSE SOUTH 66° 33~ 56'~ YIEST 1493a26 FEE7 TO THE TRUc PUINT OF BEGINNING, SAID LAND IS SHOWN AS AND 7 OF PARCEL MAPS~ ORANGE COUNTY ~ CC: V,TaNe . PARCEL 3 ON A MAP FxLED I!+! 800K 57 PAGES 6 ' IN THE' OFFICE OF` THE COUNTY RECORDER 'OF SAID 525559-3, PAGE ~- : VARiAf:~~ •{~~.~. ~ r~ (~/ ~~____~____.~._„ _~~~~~, ~ ~ ~ 6. That the requested variance as granted is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 7. That the requested variance as granted will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 8. That two (2) persons appeared at said public hearing in opposition to subject petition, one (1) being a representative of the Santa Ana Canyon Homeowners Improvement ~ Association. ENVIRCNMENTAL IMPACT REPORT FINDING: That Environmental Impact Report No. 129, supplementing Master EIR No. 80, having been considered this date by the City Planning Commission and. evidence both written and oral having Ueen presented to suppiement said draft EIR No, 129, the Planning Commission believes that said draft EIR No. 129 does conform to the City and! State Guidelines and the State of California Environmenta~ Quality Act and, based upon suc:h information, does hereby recormnend to the City Council tt~at they certify said EIR No. 129 i.s in compliance with said Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions *.ahich are here6y found to be a necesssry prerequisite to the Qroposed use of the subject property in order to preserve the cafety and general welfare of the Citiaens of the City of Anaheim: 1. That this variance is gr&nted subject to completion of Re.classification No. 71-72-44. 2. That this variance is granted subject to submission of revised Tentative Maps of Tract Nos. 8455 and 8456 and approval thereof Uy the Planning Commission and/or City Council. 3. That subject property shall be developed substnntially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos: 1(Revision 1) through 29; and in accordance with the development standards of the underlying zone as modified by the approval of this variance. THE POREGOING RESOLUTIOI3 is signed arid app oved by me this 24th day f June 1974. ~~ C IRMAN AhAHEIM CITY PLANNING CO ~ ~ ~ ~~~ . SECRETARY ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF ANAHEIM ) I, Patricia B. Scanlan, Secretary of the City Planniiig Commisaion of the City of Anaheim, do hereby certify that the fozegoing resolution was passed and adopted at a meeting of the City Planning Commission of the City of Anaheim, held on Sune 24, 1974,'at 2:00 o~clock p.m., by the following vote of the members thereof: AYES: CtniItISSIONERS: COMPTON, FARANO, JOHNSON, KING, MORLEY, GAUER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HERBST IN WITNESS WNEREOF, I have hereunto set my hand this 24th day of June 1974. ~?.~~.a.~~ • ~~~ SECRETARY ANAHEIM CITY LANNING COMMISSIUN V2-G -1- RESOLUTION N0. PC74-128