PC 76-212~
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P.ESOLUTION N0, PC76-212
A AESOLUTION OF THE pNAHEIH CITY PLAN~JING COMMISSION
THAT PETITION FOR VARIANCE N0. 2852 BE GRANTED~ IN PART.
WHEREAS~ the Anahelm City Planning Commission did receive a veri`ied
Petition for Variance from IkFLUEN7IAL Ii0ME5 COMPANY, 1691 Kettering Streat, trvine,
Celifornla 9z714 (Owner); JENNINGS~NALDERMAN-H000~ 540 N. Galden CTrcle DrTve~ #111,
Senta Ana, Califor~ta 92705 (Agonts) 09 certaln real praperty situaeed ln the Clty of
Anahelm, Gounty of tlra~. -. State of Califo~nia describad as:
PARCEL 1:
Lots 37, 38 and 52 of Tract No. 673~, as shown on a Map reco~ded in book 337.
pages 13 and 14 of Miscellaneous Maps, recor~s of Orange County~ Callfornt:+,
PARCEL 2: Parcel 2 as shawn ~n a Map recorded ln book 68, page 34 of Parcel
Maps, rccards of Orange County~ Cmltfornia.
WHEREAS, the City Planning Commissfon did hold a public hearing at the City
Hall ln tMe City of Anahelm on October 27~ t976~ at 1:30 p.m., nu4lce of said public
hearing heving bam'~ duly glven as requlred by law and in accordance with the
~rovisior+s of the Anahelm Mu~iciFai Code, Chepter 18.03, to hear and consider
evidence for and agalnst said proposed variance and to investigate and make fTndPngs
and recammend~tions in connection therewlth; and
WHEREAS, sald Comnission, a4ter due lnspectlon, invesxigation and study made
by itself end In its behalf, and after due consideration of all evtd~ence and reports
offered at said hearing~ does flnd and detcrmine the following 7aets:
i. That the petitloner proposes the followtng walvers from the Anaheim
Municipal Code, to construct four single-family dwa111ng~:
a. SEC716N 18.27.062.020 - Meximum covera e. (35~ oer:nitted;
3Zi propose
b. SECTION 18,83.060.01E0 - Mlnimum distance between Arill sitc and
wc ~gs, eet rcqu re ; 35. 0, 90~
and 115 proposed)
2. 7hat Waiver 1-a~ abovE-m~ntioned~ was wlthdra~x~ by the petitioner with
the stipulation 4o eomply with 3aid Coda requirement.
3. That Waiver 1-b~ above-mentloncd, is hereby granted c~ the basis that
the Planning Commisslon de:ermined that the existing oli well wlll noY cause an undue
disturbance or pose an undue h~zard to the proposed residences~ sald determtnation
belny based on testimony prcaented at said publfc hearing by a reqiatered
professlonal petr~teum enginaer; that, fur:hermore. the petltioner stipulat~:d to
wnteriag 1nYo a hold harmless agrecment wlth the City oY Anahetm for damages which
may be Inc;~rred to per~sons or property by any existing and futvre oii wells to be
drilied or mairstained on the adJ$cent property to the north; and that the future
purchasers af thc proNosed homes shall be givar wrltten disclosure regardl~g any
existing and futuro oll -ye',Ils to be drilled on thc adJacent property t^ *he north.
3. Thet there ar~t exceptional or extraordlnary clrcumstances or condltl~ns
eppllcable to the property involvnd or to the intended use~ as granted~ of the
property that do not apply gencrally to the proparty or class of use in the same
vicinity and aone. •
4o That the requestacl varlance. as grented, is necessary for the
preservatton and enJoyr~ent of a substanttay property right possessed by other
property ln the same vlcinity and zone~ and danted ta the property iro questlon.
5. lnat the requested varlance~ as granted, ~111 noC be materially
aetwlmen~at Co the public welfare or inJurloue to the property or lmprovements in
such vicinity and zone in which the properxy ls located.
7. The: onc (1) person appeared et ssld pubilc hearing in opposltlon; and
that no corresponaence was recalved in opposit.lon to subJeet petition.
EtdVIaONMENTAL INPR'~T REPORT FIrJDING: That the Anaheim City P1anning
Commission does hareby recommend to the City ~ouncfl of the L'!ty of Anaheim that a
RESOLU710N N0. PC76-212
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nega•tive declarat-on from the requirement to prepare an e~vironmental impact report
~' be approved for the subJect proJect, pursuant to the provistons of the California
Environmental Quality Act.
t10W, THEREFORE~ 8E IT RESOLVED that the Anahelm Clty Planning Commisston
does hereby grant, in part, subJact Petitlon for Varlance~ upon the following
, condltlons whlch are hereby found to be a necessary prerequlsit~ to the proposed use
of thn subJect property In ordcr to preserve Che safety and general welfare of the
Citizens of the City of Anahelm:
' 1. 7hat subJaci property shall be developed substantialty in accordance
with plans and specizicatlons on flie with the Cify oA Ananeim marked Exhibl~ ~vos. 1
through 9; providnd, however~ thae all lots 'shall camply with Lhe maximum site
coverage requlramente of the RS-5000 Zone.
2. 7hat the property owner(s) shatl submit a hold harmless agreement to
thn City ~ttorney's Office for approval prlor to the lssuance of e building permit,
sald agrnemcnt to hoid thc City of Anaheim harmless from any damages which may be
tncurrad to persons or property by any existing and future oil welis being drilled or
malntalned on the adJacent property to the north. as stipulated to by the petltloner.
3, That the property owner(s) or developers shall provide to the
prospectlve purchasers of the proposed hanes wrltten dfsclosure regard!ng any
exlsting and future oll wells to be drilled or maintalned on the adJacent property to
id~e north; and that a copy of sald disclosure statemertC shall be submttted to the
City Attorney~s Office for approvat, prtor tc+ the iseuanee of a building permit,
THE FOREGOING RESOLL'T10N is
October 1976.
ATTEST:
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E RE A, A HE M CI~Y PLA~NI~GI OMMfS510N
57A1'f OF CALIFORNIA )
COUNTY QF ORANGE )ss.
CITY OF ANAHEiM )
I~ Patricla B. Scan:an, Secreta+y a~ the Anaheim City Planning Commission,
do hcreby certify that the foregoing resolutlon was passed and adopted at a meeting
of the Anahelm i;ity Planning Cammisslon, held on October 27, 1976~ at 1:30 p.m., by
tfie following vo*,e of the mPmbers thereof:
AYES: COHMIS!~IONERS: BARNES~ KING, MORLEY, TOLAR, JOHNSON
tlOES: COMMIS!110NER5: FARANO~ HERBS7
ABSfNT: COMMIS!;IONERS: NONE
t976.
IN NITNESS WHEREOF, i have hereunto set my hand this 27th day of October
.~~Q~.-e~t :~
S~ R R~ H M CI'~ C MMI SION
signed and approv y me this 27th day of
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~ L N COMMIS fON
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RESOLUTION N0, PC76-212