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PC 77-127~h RE54LU710;1 N0. PL77-127 A RESOLUTION OF THE At~AtiEl!1 CITY PLANt~It~G COMI11551011 THAT PETITIOt~ FOR VARIANCE N0. 2935 OE GRAHTED WI~EREAS. the ~anatieim Ci[y Planning Commission Jid reccive a verif(ed Petition for Variance from YORf3l1 GRAVEL i.OMPAtlY, 1531 Nest El Seyundo 8oulevard, Gardena, California 90249, owner, and T A DEVELOP11E1lT CORPORATI01l, 1875 South Lewis Street, Anaheim, California 92305, agent, of certain rcal propcr[y siiu~ted in tfie Lity of Anaheim, Coun[y of Orange, Statc of California, described as: Thai portion of Lot 5 Block 24 of thc Yorba Linda Tract, as shown on a map recorded in bool: 5, pages 17 and 18 of Miscellaneous Maps, records of said Orange County, lying Southerly anJ Eastcrly of the follc3wing described line: l3eginning at a~+oint in the centerline of :he di[ch shown on a map filed in book 3, page 48 of Recor~ of Surveys in the office cf the County Recorder, with the Easterly [erminus of the course described ~~orth 56° OS' 11" West 409.25 feet in the decd to the StaCe of California recorded Octobcr 22, 19G2 in Bool; 6291 pagc 635 af Official Racords; thence along said course North 56a 05' 11" West 409.25 fee~; thence North 65° 43' S0" West 299.5~+ feet; [hience South 72~ l~t' 13" West 29.G6 feet; thence 5outh 14° 53' 03" West 132.41~ feGt; thence South 4° lJ' 30" ucst 9G1.79 fcet to a point on thc East linc of Orchard Drive, GO feet in width, as shown on a map recorded ln book 53, paye 44 of Record of Surveys; thence Southerly, along said Easterly line, [o [hc centerline of said ditch. The trianglc portion of the parcel t~o. 5 of ttia[ portion of lot 5 Block 24 of Yort~a Linda Tract, shown on the at[achcd map. 5tart from the last mentioned poin[ on tfi~ centerline of said ditch wescerly having a li~e cuncaved northerly witfi a radius of 350 feet and an arc distance of 9.>5 feet, then continu~d westerly follaainy [he course of Plorth S3° 5z' 3a" East 23.31 fcet, then Northerly concentric with che center line of Kellogg Drive and having a radius of 957.12 feet vr(th an arc distance of ~1.4G feet. Then back Southeasterly with a line concaved easterly wie`~ a radius of 345 feet anJ an arc distance of 8ti.8G feet to the point of beginning. This portion of ttie property has a to[al area of 13~+9 sq. ft. EXCEPTING ThitRF:FRdN that portio~n described in Parcel No. 105.1 in the deed [o tlie County of Orange recorded tlovember 9, 1965 in book J734, page 226 of Of`~ci,:! ~tec~ords; and WIIEREAS, the City Planning Commission did schedule a public hearing at the City tlall in thc City of Rriaheirn on F1ay 23, 1977, at 1:30 p.m., ~oticc of said public hearing havi~g been duly given ~~s required by law anJ in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed varlance and to investigate and make find(ng5 a~d reconmendations in <Pn~ection therewith; said public hearing having been continued to the Planniny Corernission meeting of June 20, 1977; anJ PC77-127 ~ WHEREAS. said Comnission, after due inspection, investigation and study made by itself and in its behalf, and after due considEracien of all evidence and reports ;+.'fered at said hearing, does find and determine the `ollowiny f~3cis: t. That thc pe[itioner proposus a waiver of the followin~ to establish a six-lot, RS-50U0 (RESIDEtIT1AL, SINGI.E-FAMtLY) ZOIIE subdivision: SELTIOH 18.27.061.020 - Ninimum lot width. 50 cet required; 25 feet proposed) 2. Tliat the above-mentioned waiver is hereby granted on the basis that the ~etitioner demonstrated that a harJship existed in that the terrafn of the trianyularly-shaped proper[y and the decreasing width necessitate one "flag" lot having a 25-foot wide panhan~lle driveway, anJ that such a"flag" lot is a privilege enjoyed by other property owners in the fiill and Canyon areas. 3. That the pe[itioner stipulated to placiny the residential structure an Lot No. 6 a minimum of thirty (30) fcet from ttie south property line. 4. That [here are exceptional or extraordinary circumstances or conditions applicable to the property involved or to [he intcnded usc of the property that do not apply yenerally to the property or class ~f use in [he same vicinity and zone. 5. Tha[ the reyues[ed variance is necessary for the preservation and enjoyment of a substantial property riyht possessed by o[her property in the same vicinity and zane, and denied to thc property in question. 6.. Tha[ the reques[ed variance will not be n~terially det ~~acnt~l to the public ,~elf~re or injurious [o the property or i~nprovements in such viclnity and =:,~.e in which thc propcrty is loca[ed. 7, That Lhree (3) persons indicaced [heir presence aC said publlc hearing in oppositlon, and that no correspondence was received in oppositio~ to thc subject petition. EIbV!RONNENTAL IIIPACT FINOING: That thc Anaheim City Planniny Commission has rev[cWes ~the subject proposal to recl~ssify the zoning from RS-A-43~000 ~RESIDENTIAL/AGRICULTURAL) ZOlIE to RS-5000 (RESIUENI'IAL, S~tIGLF-FAMtLY) ZONE for subject property consisting of a proposed six (6) lot, RS-5000 subdivision on approximately 1.9 acres located souttieast of the intersec[ion of rhe Richard i1. t~ixon freeway on-ramp and Kelloyy Drive, and does hereby recommend tt~ the City Council of the City of Anaheim [hat a I~r_yative Declaration from the requirement to prepare an environmen[al lmpact report be approved for the ,ubject property on the basis that ihere woulJ be no signific~nt individual or cumulative adverse environmental impact Jue to the approval of this tJeyative Declaratiun since the Anaheim General Plan desiynates the subject proper[y for low-medium density land uses commensurate wi[h the proposal; tfiat no sensitive environmental elements are involved in the proposal, and the Init(al Study submi[ted by the pe[itioncr indicates no significant or cumulative adverse environmental impacts; and that the Negative Declaration substantiatiny [he foregoing fi~dings is on file in the City of Anaheim Planning Department. t~OW, Tf1EREFOR[, !tE IT R[SOLVED that the Anaheim City Planning Cortmission does hcreby 9rant subject Petition for Variance, upon the following condltians which are hereby found to be a necessary prerequlsite to the proposed use of the subject property in ordcr to preserve the safety and general wclfare of the Citizens of the City of Anaheim: -2- PC77-127 0 1. That this Variancc is granted subjcct to thc conpletion of Reclassifica[ion Mo. 76-77-53, ~ow pending. 2. That subjec[ property shail be devetoped substantially in accordance with plans and specifications on fiie with tt~e City of Anaheim marked Exhibit No. 1; provided, hawever, that the residential structure on L~~t t~o. G shall be located a minimum o'F thirty (30) feet from the south property linc. 1977 ATTEST: TNE FOREGOING RESOLUTI01~ is signed and approved by nc this 20th day of June, ' C~~.;~- ,~ ` ~!~ ~~.~~ s~~~AR~, untiEin i rTS~. ~nri~~ ur onni ~'fo;i STATE OF CALIFORNIA ) COUNTY Of ORAtIGE ) ss. CITY OF htJA11EIM ) i, Edith L. liarris, Secretary of the Anahcim City Pianning Lommission, do hereby certify that the foregoi~g resolution was passed and adopted at -;9 meeting of the Anaheim City Planning Commission held on June 20, 1977, at 1:3~ p.m., by the following vote of thc members thercof: AYES: COMMISSIONERS: BARtJLS, DAVID, HERO~T, KING, LI~~N, TOLAR, JOHNSON NOES: COMNISSIOt~[RS: NOI~E AHSEN7: GOMMi5Si01~ERS: t~01iE IN WITNESS UHEREOF, 1 havc hcreunto set my hand this 20th day of June, 1977. C~ dl<..~-G~ ~S./ ~.~cC~Li~ G R , 1 M ~I t~ OMH -3- PC77-127