PC 76-174~ ~
RESOLUTION N0. PC76-174
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0. 2841 BE GRANTED, IN PART.
WHEREAS, the Anaheim City Planning Commisslon dPd receive a verified
Petition for Vartance from WESTERN PLAY CARE, INC., 6752 Western Avenue, Buena Psrk~
California 90621 (Owner); CARL BELVEDERE, 6752 Wcstern Avenue~ Buena Park~ Lalifornia
90621 (Agent) of certain real property sltuated in ttse City of Anahetm, County G`
Orsnge~ State of Callfornia described as:
THE NQRTH 27fi.00 FEE7, MEASURED TO TF1E S~UTN LINE OF ORANGE4I~OD AVENUE, 40.00
FEET WIDE, OF LOT 14 OF THE fiRANGEW00D 7RACT, AS SHOWN ON A MAP THEREOF RECORDED
!N 900K 7, PAGE 42, MiSCELLANE0U5 MAPS, IN THE OFFICE ~F THE COUNTY RECORDER OF
SA1D COUNTY,
EXCEPTING THEREFROM THE EAST 222,OQ FEET.
ALSO EXCEPTiNG THEREFRQM THE WEST 3~7.00 FEEf.
WHEREAS. the City Planning Commission did hold a publtc heartng at the City
Hall In the Clty of Anahelm on September 13, 1976~ at 1s30 p.m.~ nottce of said
publfc hearing having been duly given as required by law and in accordance wlth the
provlslons of the Anahelm Hunicipal Code. Chapter 18,03, to hear and conslder
evidence for and against satd proposed varlanca and to lnve~tigate and make findings
and recommandatlons in connectlon therewith; and
WHEREAS~ said Commisslon, after due inspectian, invmstlgation a~~d study made
by ltself and in tts behaif, and after due consideratton o4 all evidence and reports
offered at sald hearing, does flnd and determine the following facts:
1. That the petitloner pr~poees the following walvers from the Anaheim
Muntcipal Code, to construct a 20<•unit apartment complex:
(a) SECTION 18.34.662.012 - Maxlmum buildinc~ height. ((i sto~
perm tte ; 2 stortes prop~sed)
(b) SECTIGN 18,34,C63.022 - Minimum slde ard sntback. (92 feet
raqu red; 10 eet proposedj'-
(c) SECT~ON 18.34.068 Re uired bloek wall. (6-foot masonr
wa requ ~e ; none propose
2. That Waiver !-a, above-mentloned, is hereby granted on thc basis that
the prcposed two-story bu7ldings are more than 150 feet Prom the existing single-
family residentlal development to the south and the residentlally~zoned property to
the east is ,vndeveloped and zoned agrlculturatly, and slmilar waivers have previously
been granted by the Planning Commisslon; and, furthermore, the proposal will not be
detrlmental to the araa.
3. That Walver 1-b, above-mentioned, Ts hereby granted on the basis that
simiiar waivers havn been granted by thc Planning Commtseton.
4. That Walver 1-c, above-mr.~tioncd, is hereby denied on tho basis that
the petltioner stipulated to constructing a six-f,ot h?yh masonry wall adjacent to
the south end cast proparty lines, and a simllar wall is pr~~sently exlsting along the
west property Ilne; provided, however, Chat the petitloner stipulated to constructing
mn additional masonry wali approximately 4 feet ir, helght along the west property
line adJacent to the existing well, to ~erve as a bufPer for the parking spaces.
5. That there are exceptional or extraordinary clrcumstances or condttlons
applicable to the property invoived or to the intended use, as granted~ of thc
property that do not appty generally to the: pro~erty or class of uee in the same
vtcinity and zone.
F.. That ehe requested varlance~ as granted, is necessary 4or the
preservetlon and enJoyment of a substantial property right possessed by other
property ln the same vicinity and zone, and donied to the praperty in questlon.
RESOLU710N NU, PC76-174
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7. That the requested varlance, as granted~ will not b~ materially
detrimental to ;he public welfare or injurious to the property or improvements in
such vicinity and zone in Hh3ch the pro;~erty ts ]ocated.
8. That four (u) persons appeared, representing approxTmatety sTx (6)
persons {:~esent at sald publlc heartng in opposltlon; ~nd that no corresporsdence was
received 1~~ opposltion r,o subJect petition.
ENVIRONMENTAL IMPACT REPORT FINDING: 7hnt the Anaheim City Planning
Canmisston does her~eby recommend to the City Council of tha Ctty of Anaheim that the
subJect proJect be exempt from the requlrement to prepare an environmental tmpact
report~ pursuant to the provislons of the Californta EnvTronmental Quality Act.
NOW~ TNEREFORE, BE IT R[SOLVE6 that the Anahetm City Planning Commission
doas hereby grant, in part, subJect Pat!tlon for Variance~ upon the following
conditlens which are hereby }ound to be a netessary prerequisite to the proposed use
of the subJcct property ln order to preeerve the safety and general wclfare of the
Cftizens of the City of Anaheim:
1. That thiz Vartance is granted sub)eet to the aompletion of
Reciasslf(catian No. 7b-77-1k, now pendtng,
2. That sunJect property shall be developed subseanttally !n accordance
with plans and speciflcatlons on file with the City of Anaheim marked ExhiSit Nos. 1
through 4; providcd, however, that a six-foot high mm3onry wall shali be constructed
along the east and south property lines, and that a maeonry wall approximately 4 feet
in height shall be constructed aci)acenr, to the existing six-foAt high masonry wall
along the west property linn~ as stiputated to by t~to petittoner.
TIIE FOREGOING RESOLUTION is signed and approv~yl/b~m~h1~13th day of
Snptember 19J6. //
ATTF.ST:
~~~~ r
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )s5.
CITY OF ANAHEIM )
I, Patricia B. Scanlan, Secretary of the Anaheim City Planning Commission~
dc hereby certlfy thet the forcgoing resotutlon was passed and adopted at a meeting
of the Anahelm City Pianning Commis3lon, held on Seiptember 13~ 1976~ at 1:30 p.m., by
the follewing vo4a of the members thereof:
AYES: CONMISSfONERS: BARNES~ KING, MORLEY, TALAR, JONNSON
NOES: COMMISSIQNERS: NONE
ABSENT: COMM~SSIONERS: FARANO~ HERBST
t976.
IN iJ17NES5 l1HERE0F~ i have hercunto set my he.nd this 1.32h dxy ofi September
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5 R A~~ AN NE *t i L N I N OMri ~S 10N
-z- RESOLUTION N0. PC76-174