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PC 76-209~ ~ RESOLUTION N0. PC76-209 A RESOLUTION QF THE ANAHEIM CITY PLANNING COMMfSStOH THAT PETITION FOR VARIANCE N0. 2861 8E GRANTED, IN PART. WHEREAS~ the A~ahelm Ctty Planning Commission did receive a verifled Petition for Varlance from ARDEN STRAND~ et al~ 5861 Sunmist~ Yorba Linda~ Caltfornla 92666 (Owner); I.P.S.~ Attn: Robert Sant, 1095 N. Maln Streei, Su1te D~ Orange, California 92667 (Agent) of certain real property situated In the City oP Anaheim~ County of Orangn, Stste of Caiifornia described aa: Those portions of Blocke 24 and 25 of the Golden State Tract, in the City of P.naheim, County of Orange, State of California, as p2r mao rec.orded in book 4, pages 66 and 67 of 24iscellaneous t~aps, records of said Orange County, d~scrtbed as a whole as Pollowa: Beginning at the most Easterly corner of Parcel 1 as shown on a map filed in book 73, page 10 of Parcel Maps, records ' of said County, said corner being a point on the South- easterly line of the land described in Parcel 1 in the deed to Holly Wade Davidson, recorded March 18, 1955, i-: book 300Q, page 254R Officia]. Recards; thance Northsasterly 295.35 feet alony eaid southeasterly line and the prolongation tnereof to the moat Easterly corner oP the land described in the deed to Holly Wade Davidaon, recordad April 4, 1968 in book 8563, page 67, Ofticial Records; thence along the boundary o£ said land North 30° 13' 21" Weat 177.30 feet and South 74° 32' 28" Waat 45.75 feet to a point in the Southerly line of the land deacribed in the deed to the State o£ C~lifornia, recorded June 4, 1963 in book 6573, page 167, Official Records; thence along sain Southerly line South 74° 32' 28" Weat 46.49 feet to the beginning o£ a tangent curve, concave Northerly, having a radius of 471.99 feet; thence Weater].y along eaid curve and along said Southerly lina 227.54 feet through a central angle of 27° 37' 16" to the Northeeaterly corner of said Parcel 1 of Parcel Map 73-10; thence South 28° 40' 23" Eaat 297.01 feet, along the Northeasterly boundary of said Parcel l, to the Pointi of Baginn,inq. WHEREAS~ the City Plenning Commisston did hold e public hearing at the CTty Hall Tn the City af Anahalm on October 2?,, 1976, at 9t30 p.m., notice oP said publTc hearing having been duly given as rnquired by law and In accordance with the provisions ot' the Anaheim Munlcipal Code, Chapter 1$,03, to hear and conslder evldence for and ngatnst said proposed variance end to Investigate and make findings and recartnendatlons In connection therewith; and WHERF.AS, safd Cammisslon, after due Inspectlon~ Investlgatlon and study made by itself and in its behalf~ and after due consideration of ~lT evidence and reports offered at sald hearing~ does flnd and determine the foliowing facts: 1, 7hat the petltioner proposes the follo~ring waivers from the Anaheim MunicTpal Code, to construct a 45-unit apartment complex: . a. SECTION 18.34.061.010 - Minimum bulldin site area er dwellin unit. 1 00 s uare eet requ re ; 11 3 square eet proposed b. SECTION 18.34.062,032 - Minimum floor area. (700 sq. ft. required; 50 sq, t. Qrnpoeed) c. SECTIQN 18,34.065.011 - Mlnimum distance between bufldin walls. 2 eet requ re~1; 1 cet propose d. SECTION 18,04.043.040 - Permitted yard encroachments. (30-lnch high enee perm tte ; - nG9Tc~f hig ence proposed) 2. That Wn(ver i-s, above-mentioned~ was wlthdrawn by the petitloner with the s~tipulatlon to reduce the number o4 unlis proposed from 4b to 45 by ellminating two (2) efficiency-type units replacing yaid units +~ith one (1) two-bedroom unit, and RESOLUTION N0, PC75-209 ~ ~ to submT2ting revised ptans showing conformance with the minfmum hullding sTte area per dwelling unit as requlred by Code. 3. That Waiver 1-b~ above-mentfoned, is hereby granted on the basis that the Planning Cortmission has granted similar waivers prevlously for the dcvelopment or efficiency-type units when sald urits did naC exceed approximately 25$ of the tiotai number of unlts and whnn the floor ares was not less than approxirnately 450 square feet. 4. That Waiver 1-c, above-mentloned, was withdrarm by the petitloner with the stipulation to submTtting revised plans showing complianee with sald Code requiremant for Pianning Commission review. 5. That Walver 1-d~ above-mentioned, Is hereby granted on the basls that the proposed fence faces the freeway and w111 provide more secluslon for the proJect than e 30~inch high 4ence. 6. That the petitioncr stipulated to aubmltting a soils engineering report to the Building and Engineering Divistons for approvalprior to the issuance of a building permit, safd report indicating the proposed construction will be safe and satisfactory for thr proposed residentlal use of a former conYrotled tand-fill site. 7. ThaC there are exceptional or extraordlnary c:lrcumstances or conditlons applicablo to the property lnvolved or to the intended use, as granted, of the property that do not apply generally to the property or elass of use in thc same viclnity and zone. A. That the requested varlance, as granted, 1s necessary for the preservation and enJoyment of a eubstantlal property right possessed by other property in the same vicinity and zone, and denied to the property in question. 9. That the requested varlance, as grented, will not be materlally detrtmental to the public welfare or 1nJurious to the property or lmprovements in such viclnity and zone In which the property ls toeated, 10. That no one indlcated thelr presence at sald public hearing In oppositlon; and that no correspondence was recelved In opposltion to subJect, petlClon. ENVIRONMENTAL IMPACT REPORT FINDING: That the Anaheim City Planning Cortimisslon does hereby recommend to the Clty Council of the Clty of Anahelm that a negative declaration from the requlrement to prepare an envlronmental impact report be n.pproved for tha subJect proJect, pursuant to the provisions of thc California Environmental Qualfty Act. NOW, THEREFORE, BE IT RESOI.VFD that the Anaheim City Planntng Commisston does hereby grant~ in part, subJect' Petltion for Variance, upon Che following conditlons which are hereby found to he a necessary prerequlslte to the proposed use of the subJeet property in order to pre~erve the safety and general weifare of the Ci~izens of the City of Anah~eim: 1. That this vartance Is gr~nted subJect to the completion of Reclasslfication No. 76-77-20. 2. That a solis engineertng report attesting t~o the sultabillty of the subJect site for the proposed development shalt be submltted to the Bullding and Engineering Divisions for approval~ prlor to the Issuance o~ a buitding permit, and a capy of sald report shall be filed with the Planning Department. 3. 7hat the subJect property shall be developed substantlaliy in aacordance with plans and speciflcatlons on file with the City of Anaheim marked Exhiblt Nos. 1 through 7; provided, however~ that revised plans shall be submitted to the Ptanning Commission show(ng a reduction in the number of units fran ~+6 to 45 by eilminating two (2) efflcienty-type units and adding one (1) two-bedroom unit a~d showing cor.formance with Code requtrements pertalning to minimum building slte area per dwelling unit and minimum distance between bullding Walls; and that saTd revised plans ara to be submltted for approval prlor to the issuance of n bullding permlt, as ~tlpuleted to by !he petittoner. -2- RESOLUTION N0. PC76-209 ~ ~ THE FOREGOING RESOLUTION is slgned and approved e thls 27th ~ay of i' October 1976. ~ HAI MAN~ NAHEIM Y Pi.ANNING COMMISSIQN ATTEST: ~~~~ov ~--~ SECREIAii ~ N H"e N IiY PLAiiYiHG COMMISSION STATE Of CALIFORNIA ) COUN7Y OF ORANGE )ss. CITY OF ANAHEIM ) I, Patrlcla B. Scanlan~ Secretary of the Anahe}m City Plenning Commtsslon, do hereby certify that the foregotng resolutlon was pessed end adopted at a meettng csf the Anahelm Clty Planning Commisslon, held on Oetober 27~ 197~, at 1t3Q p.rte.. by the following vote of the members thereof: AYES: COMMISSIONERSs BARNES~ FARANO, t~ERBST, KING. MORLEY~ 70LAR~ JONNSON NOES: COMMISSIONERS: NONE ABSEN7: COMMISStONERS: NONE Z976. IN WITNESS WFiEREOf~ 1 have hereunto set my hand this 27th day of Octobe~ ~ ~~~~~ S RE AR ~ AtiEl C ANti1N~ OMMISSION -3- RESOLUTION N0. PC76-209