PC 76-60~ ~
RESOLUTION N0. PC?6-60
RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CIYY OF ANANEIM
THAT PETITION FOR VARI:~NCE N0. 2752 BE GRA~iTED.
WHEREAS, the City Planning Commission of the City of Anaheim did receive a
verified Petitfon for Variance frem JO BERRYMAN AND IMOGE4E M. NELSON, 552~
Rockledge Drive, Buena Park, California 90621 (Owners); D. H. BROSE AND ASSOClATES,
2366 N. Glassell Street, Orange~ California 92665 ~Agent) of certain real property
situated in the City of Anaheisn, County of Orange, State of California described as:
Parcel "A": The East 15:i.00 feet of the West 300.00 feet of tha East half of the
North half of the NorthwPSt quarter of the Northeast quarter of Section 12,
Township 4 South, Ran9e 10 West, in the Rancho San Juan Cajon de Santa Ana, as
shown on a Map recorded in Book 51, page 10 of Miscellaneous Maps, records of
Orange County, California.
Except the South 430.00 feet.
WHEREAS. the City Pianning Commission did hold m.P~nl~~iCeeaofn9saidthpublic
Hall in the City of Anaheim on March 29, 1976, at 1:~0 p.
hearing haviny been duly given as required by law and in accordance with the
pr~visions of tFie Anaheim Municipal Code, Chapfer 18.03, to hear and consider
evidence for and against said proposed variance and to investi9ate and make findings
and recommendations in connection therewith; and
IdHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due const~eration of atl evtdence 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 two RS-7200 lots:
a. SECTION 18.01.13~ - Re uirement that all lots abut a ublic street.
1 lot proposed to abut an existing private street
b. SECTION 18.26.065.010 - Requirement that sin le-famil residences
rear-on artertal hi hwa s. 1 side-on lot
proposed
2. That Waiver 1-a, above-mentioned, is hereby granted on the basis that
the Planning Commisston has previously granted similar waivers on existinq private
streets.
3. That Waiver 1-b, above-mentioned, is hereby granted on the basis of
hardship due to the size and shape of subJect property.
4. That the Planning.Lommission does hereby recommend to the City Council
that City Council Policy No. 538 requiring a 40-foot minimum setback adJacent to
arterial highways be waived to permit a setback of 20 feet on the one lot abutting La
Palma Avenue, on the basis that previous simttar requests have been granted; and,
furthermore, the proposed lot size greatly exceeds the RS-7200 Zone standards.
5. That the Planning Commission does further recommend that a sound
barrier consisting of an earthen berm, a masonry wall, or a combination thereof, be
provided on Lot No. 1 adjacent to La Patma Avenue as a sound-attentuation measure in
accordance with f,ity Council Policy No. 5W2• ,
6. ThaC there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property that do
not appiy generally to the property or class of use in the same vtcinity and zone.
7, That the requested variance is necessary for the preservation and
enJoyment of a substanttal property right poss~ssed by other property in the sam~
vicinity and zone, and denied to the property ln question.
8. That the requested variance will not be materially detrimental to the
publtc welfare or inJurious to the property ur improvements in such vicinity and zone
in which the property is located.
RESOLUTION N0. PC76-60
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9. That one (1) person appeared at said public hearing in opposition; a~d
no correspondence was received in opposition to subJect petition.
ENVIRONMENTAL IMPACT REPORT FINDING:
That the Director of the Planning Department has determined that the
proposed activity fatls within the definition of Section 3.01, Class 5, of the City
of Anaheim Guidelines to the R~quirements for an Environmentai Impact Report and is,
therefore, categorically exempt from the requirement to file an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subJect
property tn order to preserve the safety and 9eneral welfare of the Citizens o'r the
City of Anaheim:
1. That the owner(s) of subJect property shall deed to the City of Anaheim
a strip of land 53 feet in width from the centerline of tne street along La Palma
Avenue for street widening purposes.
2. That all engineering requirements of tne City of Anaheim, along la
Palma Avenue inctuding preparation of improvement plans and installation af all
improvements such as curbs and gutters, sidewalks, street gradi~g and paving,
drainage facilities, or other appurtenant work shall be complied with as required by
the City Engineer and in accordance with standard plans and specifications on fite ~n
the Office of the City En9ineer; that street lighting facilities along La Palma
Avenue shalt be installed as required by the Director of Public Utilities, and in
accordance with standard plans and specificetions on file in the Office of the
Director of Public Utilitie~; or that a bond in an amount and form satisfactory to
the City of Anaheim shall be posted with the City to guarantee the installation of
the above-mentioned requirements.
3. In the event that subJect property is to be divided for the purpose of
sale, lease, or financing, a parcel map, to record the approved divisfon of subJect
property shall be submitted to and approved by the City of Anaheim and then be
recorded in the office of the Orange County Recorder.
4. That subJect property shall be devrloped substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit No. 1;
provided, however, that Lot No. 1 shall have a minimum buxlding setback of 40 feet
adjacent to La Palma Avenue, per City Council Policy No. 538, unless the City Council
grants relief from said policy and permits a 20-foot butlding setback for said lot;
and that a sound barrier consisting of an earthen berm~ a masonry wall, or a
combination thereof, shail be provided ~n Lot No. 1 adJacent to La Palma Avenue as a
sound-attenuation measure in accordance with City Council Policy ho. 542.
5. That Condition Nos. t. 2 and 3, above-mentioned, shall be complied with
prior to the commencement of the activity authorized under this resolution, or prior
to the time that the building permit is issued, or within a period of one year from
date hereof, whichever occurs first, or such further time as tfie Planning Commission
and/or City Counctl may grant.
6. 7hat Condition No. 4, above-me~tioned, shall be complied with prtor to
final building and zo~ing inspections.
THE FOREGOIPJG RESOLUTION is si.gned and approved by me this 29th day of
March, 1976.
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,v! ~ ,/l,f-y-Y
CHAIRMA , ~NAfiEIM ITY PLANNING COMMISSION
ATTEST:
~~~,~~~~~.,
SECRETARY~ ANAHEIM CITY PLAPINING COMMISSION
_Z- RESOLUTION N0. PC76-60
1
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STATE OF CALIFORNlA )
COUNTY OF OftANGE )ss.
CITY OF ANAHEIM )
1, Patricia B. Scanlan, Secretary of the CTty Planning Commission of the
City of Anaheim~ do hereby certify that the foregoing resolution was passed and
adopted at a meeti~g of the Ctty Planning Commission of the City of Anaheim, held on
March 29~ 1976. at 1:30 p.m.. by tha followtng vote of the mnmbers thereof:
AYES: COMMISSIONERS: B{IRHES~ HERBST, JOHNSON, KING~ MORLEY, TOLAR, FARbNO
NOES: COMMiS510iJERS: NONE
ABSENT: COMMISSSOtJERS: NONE
1976.
IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of March,
,: ~~~,~~~~
SECRET4RY, ANAHEIM CITY PLANNING COMMISSIQN
_3_ RESOLUTION N0. PC76-60