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PC 75-216r' • _ ~ ~ }2ESC)r.UrioN rm. PC75-216 A RESOLiTrION OF TFI6 CI9.'Y PLANNL^IG COA'A4ISSION Or T!~ CITY OF Ai~1AFif'~~S TfU1T PETITIn^I FdR VARTAAKT N0. 2743 BE Q2A1yPID. Wf~T~S, the City Plannirxj Crnmission of the City of Ark-iheim did receive a verified Petition for Variance fmn RpLAND T. RF'YNOLnB, 5~5 South Sunkist Street, Anaheim~ California 92R06 (Owner); AtdACAL E.^IG~IEEPING 00., 222 E. Linwln Avenue, Anaheini, Californi.a 92803 (Engineer) of certain real proPerty situacecl in the City of Anaheir.i, County cf Orange, 5tate of California dascr.it~l as: All that certain la~x3 situated in the State of California, County of Orange, City o£ Anaheim, described as follaws: The Northeast guarter of the Swtheast c~iartex of. theSouttnaest cfi~arter of Section 12, Township 4 South, Range 10 West, S. B. B. & M. Wi-II;REI~S, the City Planning Caranission did hold a public heari.ng at the City Hall in the City of Anaheim on October 29, 1975, at 1:30 p.m., notice of said Public hearing havinq been duly given as required by ].aw and in accordance with the pmvisions of the Anaheim t4unicipal Code, Chapter 18.03, to hear and consider evidence for and against said pronosed variance and to investigate and make findings ancl recannendations in oonnection therewith; and Wi~ItI3AS, said Ccr~ission, after due inspeetion, investigation and stuciy made by itself and in its behalf, ar~i after due consideration of. all evidence and reports offered at said hearing, dces find and determine the follo~aing facts: 1. That the petitioner requests the follaaing waiver .frcm the Anaheim Municigal Ca9e, to ~stablish a 39-lot, RS-72Q0 subdivision. 5'~C,TION 18.26.065.010 - R ' enent that si.n le-fazni.l residences rear on arterial higtnaays. 2 lots proposeci to sid on an artesial highway) . 2, That the al~ovc, mentioned waiver is here27y granteci on the basis that there are existing residential lots which side-on Sunkist Street in the iimie3iate area. 3. That the Planninc~ Ccmnission cloes heseby recarmend to the City Council that City Cc~uncil Policy No. 538 requising a 40-foot nunim~n setback acijacent to arterial hightaays be waiveci, to pernLit setbacks ranging fran 25 to 36 feet along Sunkist Street on the basis that other properties are developc:d with similar set~aclLS i.n the subject area. 4. That the ~etitianer stipulated to being aware of the sound~-attenuation requirernents for properties located adjacent to arterial high~ra~s, etc., and that said requirenents must be canplied with. 5. That th:.re are exceptional or extsaordinazy circwistances or conditions applicable to the property involveci 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. 5. That th~ requestecl variance is necessary f.or t'~e nresesvation and enjoymern: of a substantial property right Possessed by other property in the same vicinity and zone, ancl denied to the property in question. 7. That the r~uested variance will not be materially detrimental to the public welfare or injurious to the property or improve~nents in such vicinity arn3 zone in which the property is located. 8, That no one indicatc;3 theis presence ai; said public hearing in opposition; and ru~ correspondence was received in opposition to subjec;t petition. E~WI}20'~II•~N'iAL Ii~ArT RFd'ORT FIrIDIIdC: That the Planning Car~ni.ssion does hereby rec~sxl to the City Council that the subject project be exc-m~t fran the requirenent to prepare an envirorunental i~act report, pursuant to the prwisions of the California Environtt~ental Q~ality Act. RESOLtTrION N0. PC75-216 ~' ~ - ~ NIxV, T!-~~AL'~ SG IT RCSOLVED that th~ Anah u~ City PYanning Crnmis=ion dces hereby gr,snt subject Petition for Variance, u~x~n the following wnc~_tions which are hereby found to be a necessa~~y prereq«isite to the proposed usF: of the subject property in ordes to preservc: the safety and general welfare of th: Citizens of the City of 1lnaheim: 1. That this variance is granted subject to the oanpletion o£ Rec:lassification No. 75-76-10. 2. Tl~zt subject property shall be developed substantially in accordance with plans and speci.fications ~n file wi.th the City of. Ans~heim marked Exhibit Nos. 1 through 9; provideci, however, that tliP building satbacks of Lat Nos. 8, 9, 10, 11, 26, ancl 27, as slwwn on Exhibit No. 1, shall l~ve a minim~nn setback of forty (40) feet adjacent to Sunkist Street, pPx City Council PoYicy ^Io. 538, unless the City Council grants relief frcro saicl policy and pei.lnits 25 to 36-£oot setbacY,s for saicl lots. Tf~ FORE40171G RF.S()LUTI0:7 is signed ancl a~rovecl by me this 29th day of October, 1975. Rti414I~ PRO TF7'[P()RE A~I-IGIP4 CITY FIAa]1?Tr OOS9~'tISSIC7td 1~2T~ST: ~G/ ~GL/~ SIA~PAR ~ A'~P:F~IP4 CITY PLAT~dC: ~I~SS70:d STATE OF CALIFY)RN7A ) COUNPY OF ORAPIGE ) ss. CITY OF ANAFII:IP1 ) I, Patricia B. Scanlan, Secret3sy of the City Planning Catmission of the City of Anaheim, do heseby certify that the foregoing resalution ~,ras passed an3 adopteci at a meeting of the City Planning Ca~anission of the Cit;~ of An~-iheim, held on October 2~ 1975, at 1:30 p.m., by the following vote of the manbers thereof: AYES: CO?II~IISSIO:~RS: BAR[~II'S, HfsRBSP, JOHNSON~ KING~ TOIAR, NqRI~Y NO~S: COIq+IISSIOr1ET2S: NOI~ APS~: COt•II~SSI(7NERS: FAItANO 1975. 1'~I WITCIGSS WE~FtDOF, I have he~:eunto set my han3 this 29th day of Octok~x, ~~-.u.~~~~:.~~J SfX:RFTARY, ANAF3EIA1 CITY PI1~.VNI?VG CCL^44ISSION -2- RESOLUTIUI N0. P~75-21G