PC 75-131~ ~ ~
RESOLUTION N0. PC75-131
A RESOLUTION OF THE CITY PLANNING COMl9ISSION OF THE CITY OF
ANAHEIM THAT PETITION FOR VARIANCE N0. 2709 BE GRANTED.
WHEREAS, the City Planning Commission of the City of Anaheim did receive a
verified Petition for Variance from KATHERINE A. CYPRIEN, 121 North Milton
Street, Anaheim, California 92806 (Owner); PAUL BRUCKNER, JR., 17341 Irvine
Soulevard, Suite 1Z1, Tustin, California 92680 (Agent) of certain real property
desczibed as follows:
That portion of the South half of the North half of the Southwest quarter of the
Northeast quarter of Section 12, Township 4 South, Range 10 West, in the Rancho
San Juan Cajon de Santa Ana, in thc city of Anaheim, county of Orange, state of
California, as said SecYion is shown on a map recorded in b~ok 51 page 10 of
Miscellaneous Maps, in tn~; affice of the county recorder of said county, described
as ~~llows:
Beginning at the Southwest corner of said South half; thence South 89° 34' 32"
East, along the Soutiier2y line o£ said North nalf., a distance of 257.00 feet;
thence North G° 41' ?0" East a distance of 167.80 £eet; thence North 89° 18' 30"
West a distance of lOC,00 '~e~t; theace Narth 0° 41' 30" East a distance of
~2.~D feet; thence North 89° 18' 30" West a~istance of 157.00 feet to a point
on 'hr; Westerly l,ine of said Northeast quarter distant thereon 241.00 feet from
sai3 Sou:tiwest corner of said 6ouL•}i half; the~ce South 0° 41' 30" West, along
said S~esterly line„ a di~tance of 241.00 feet to the point of ueginning; and
W~EFtE:P,s, the City Planninq Commission did hold a public hearing at the City
Hall in the C3~;~ aE ,A.nahY~im ~n a7uns 23, 1975, at 1:30 p.m. , notice of said
puhlic hearing havl.nq b~cn ~ul,p gi.ve:a aa required by law and in accordance with
the provisionE o£ the Anahcia+ Munir.ipal Code, Chapter 18.03, to hear and consider
c:vidence for and ayalnrt seicl proposed variance and to investigate and make find-
i.2sgs and recommen3,c::io~8 ,4a connection therewith; and
4dHEREAS, said ~:~mminsion, after dLe inspection, investigation and study made
k,y i.tself and in ics behalf, and after dce consideration of all evidence and
reports offered at said hearing; does find and determine the following facts:
1. That the petitioner requests the following waivers from the Anaheim
Municipal Code, to establish a five-lot, single-family subdivision:
a. SECTION 18.26.063.030 - Minimum rear yard. (10 feet required;
7 feet proposed)
b. SECTION 18.26.065.O10 - Requirement that dwellinq~ rear on artcrial
highways. (3 dwellings 2o front-on an
arterial highway)
2, That Waiver 1-a, above-mentioned, is hereby granted on the basis that
said waiver pertains to one (1) lut which is developed with an existing residence
and equal usable open livinq area is provided elsewhere on the lot.
3. That Waiver 1-b, above-mentioned, is hereby granted on the basis that
there are existing residential lots frontinq on Sunkist Street to the north and
west of subject property. '
4. That the Planning Crnmnission recocmnends to the City Council that City
Council Policy No. 536 requirinq a 40-foot minimum front setback be waived to
per.nit 25-foot front setbacks for those lots proposed to front-on Sunkist Street,
on the bases that the 25-foot front setbacks would allow for larger rear yards
which are more conducive to a good livinq environment, and that only the qaraqes
and not the habitable rooms of the residences are within said 40~-Eoot setback.
5. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the pronerty that
do not apply generally to the property or class of use in the svne viainity and
zone.
RESOLUTZON N0. PC75-131
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6. That the requested variance 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 will not be ma~eriaZly detrimental to
the public welfare or injurious to the property or improvements in suct vicinity
and zone in which the property is located.
8. That no on.e indicated their.. presence at said public hearing in opposi-
tion, and no correspond~nce was received in opposition to subject petition.
ENVIRONMENTAL IMP:4CT REPORT FINDING:
That the Planning Commission reconunends to the City Council that the subject
project be exempt from the requirement to prepare an environmental impact ~eport,
pursuant to the provisions of the,Calitornia Environmental Quality Act.
NOW, THF.REFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, upon the followa.ng conditions
which are hereby found to be a necessary prerequisite to the proposed use of
the subject property in order to preserve the safety and general welfare of the
Citi.zens of the City of Anaheim:
1. That this variance is granted subject to the completion of Reclassi-
fication No. 74-75-37.
2. In tfie event that subject property is to be divided for the purpase of
sale, lease, or financing, a parcel map to record the approved division of
subject proy2rt7 shall be submitted to and approved by the City of Anak~eim and
then be recorded in the Office of the Orange County Recorder.
3. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marl:ed E:diibit
Nos. 1, 2, 3 and 4; provided, however, that the building setbacks of Lot Nos.
1, 2 and 3, as shown on Exhibit No. 1, shall have a minimum depth of forty (40)
feet adjacent to Sunkist Street, p_r City Council Policy No. 538, unless the
City Council grants relief from said policy and permit~ 25-foot setbacks for
those lots proposed to Eront on Sunkist Street.
4. That Condition Nos. 1 and 2, above-mentioned, shall be complied with
prior to the commencement of the activity authorized ur,der this resolution, or
prior to the time that the building permit is i~sueds or within a period of one
year from date hereof, whichever occurs first, ~r e;~sc:h further time as the
Planning Coimnission and/or City Council may grant.
5. That Condition No. 3, above-mentioned, shall be complied with prior to
final building and zoning inspecti~ns.
THE FOREGOING RFSOLUTION is signed and approved by me this 23rd day of
June, 1975.
s ~~
CHAIRMAN PRO TEMPOR:'
ANAHEIM CITY PLANNING CONID7ISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMTSSION
-2- RESOLUTION N0. PC75-131
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STATE OF CALIFORNYA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Patricia B. Scanlan, Secretary of the City Planning Cwmnission of the
City of Anahei.m, do hereby certify that the foregoing resolution Mas passed
an3 adopted at a meeting of the City Planning Co~nission of the City of Anaheim,
he~d on June 23, 1975, at 1:30,p.m., by the following vote of the members
thereof:
AYES: COMMISSIONERS: GAUER, JOHNSON, KING, MORLEY, TOLAR, FARANO
NOES: COMMISSIONERS: NONE ,
ABSENT: COMMISSIONERS: HERBST '
1975.
IN WITNESS HHEREOF, I h3ve hereunto set my hand this 2?rd day of June,
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SECRETARY., ANAHEIM CTTY PLANNING COFIIdISSZON
-3- RESOLUTION NO. PC75-131