PC 77-160RCSOLUTIOt~ t10. PC77-160
RE~~.LUTiC~N CF TNE ANANEIM CITY PLANN{tIG COMF115SION
TtiAT PET~TION FOk VARIANCE N0. 2~5E f3[ GRANTED
4lHEREAS, the A.nahcim City Planniny Commission did receive a verified
Petition for Variance from TEXAC.O-AI~A14[IM HILLS, INC., 3~0 Anahcin Hilis Road,
Anaheim, California 92b07, vwner of certain rcal prupcr[y situa,ed in the City of
Anaheim, County of Oranqc, Sta[e of California, described as:
That portion of the Paula Peralta Ue Dominguez Allotment as per
map of Partition of the Rancho Santiayo De Santa Ana enCered in
Book B, Paye 410 of Judyments of the 17th Judicial Dis[ric[ Court
of Los Anyeles Coun[y, Statc of California, and those portio~s of
Sect i ons G and 'J, Tov+nsn i p 1~ South, Range 3 Wes t i n sa i d P.ancho
Santia~3o De Santa Ana described as beginnin, at the mos[ Easterly
corner of Trar.t I~o. ~~~G3 per map recorded in Bool: 392, Paqes 23
throuyh 31 inclusive of Miscella~eous Maps, re wrds of said Orange
County, said corner being on the cen[erline of Canyon Rim Road
(78.00 fce[ ~.+iJe) as described in thc e~sement decd to thc City oT
Anahein recorded October 22, 1974 in Uook 117.70, Page 173!i of
Gfficial Records, records of said County, saio corner 6ein_y aiso
on a curve concave t~ortheasterly having a radius of 1~J00.00 feet
anr! to which point a radial line of said curve bears South 34° 23'
O~S" West; thence leaviny said centerline t7orth 31~ 27~ 27" East,
102.17 feet; thence 17orth 53~ 33' 37" East, 108.90 feet to a non-
tanyent curve concave I~ortlieasterly tiavin~ a radius of GO.OC fee[
and to which poin[ a radial line of said curve bears South G3° 58'
04" West; thence Southeasterly along said curve through a certrai
anyle of ;y° 27' j4" an arc distance of 79.D3 feet.; thence tangent
I~orth 78° 30' 10" East, 5~.92 fcet; chence North ~7° 33' 37" East,
160.00 feet; thence North 40° 52' 00" Eas[, 33a,70 feet; thence
East 192.80 fee[; thence Soutti 30° ~i9' 00" East, 275.~j feet;
thence Soutti 45° 45' 00" WesC, 9~•5~ feet; thence South 2G° 15'
00" West, 115.00 feet; then~e Ilorth 76~ 50' 00" Eas[, 13J.00 fee[;
thence South 5~° 06' OG" East, iGO.OQ fcet to the Northwesterly
corner of tliat certain Parcel 1 of a map filed in Book FiJ, Pages
34 and 35 of Parcel Maps, records of said county; thence along the
Westerly line of lasC said Parccl 1, South, 11~.35 feet [o the
tlort'rierly line of Canyon Rim Road casement; thence alony said
t~ortlierly 1 ine Ilorth E3° 59' S5" Nest, 12.41 feet; thence Sou[h 6°
00' 05" 4Jest, 39.00 fec[ to said cen[erline of Canyon Rim Road;
thence along said centcrlirte tJorth E3° 59' 15" ~Jest, 570.01+ feet
to Llie beyinniny of said 100~.0~ feet raJius curve; thence
IJorthwesterly along said curve througli a central an91e of 2t3° 28'
03" a~ arc dis[ance of 4hG.35 feet to the Point of Ueginning.
Containing 7.G~~2 acres; and
WiIEREAS, thc City Planning Comnission Jid hsld a public heariny aC the City
Hall in Che Ci[y of Anaheim on July 16, 197J, a[ 1:30 P.m•, notice of said public
hearing haviny been duly given as required by law and in accordance with the
provisions of ti~e Anaheim Hunicipal Code, Chapter lii.03, to hear and consider
evidence for anJ agains[ said proposeJ variance and to investigate and make findin95
and recommend~tions in connecCion therevrith; and
PC77-160
W1IEREAS, said Corunission, after due inspection, investi,ation and study made
by itself and in its behalf, and after due consideration of all evidence and repor[s
o~fered at said lieariny, does find and dctermine [he follaiing facts:
1. That the petitioner proposes a waiver of the follaNing to es[ablish a
24-unit, 2~-loi, RM-4000(SC) condom~nium subdivision:
SECTIOlJ 18.31.Ou3.020 - Minimum buildin seiback.
5 and 7 feet rcquired; 0 and ~ feet prooosed)
2, That the above-mentioned waivcr is hereby granted on the basls that the
petitio~~:r aemonstrated chat a hardship exists since subject property I7as an unusua)
sfiape and s i ze i n that narc than one-lia 1 f of tfie en t i re s i tc cons i sts of s 1 ope areas
which are unbuildable; [hat a setback reduction from 7[0 5 feet is minimal; tha[ the
zero setbacks are for d~•~elling walls haviny no windohs; and that adequate usable open
space is available elsewhere on [ne subject proper[y.
3, Tl~a[ there are exceptional or extraordinary circumstances or conditions
applicable to thc property involved or [o the in[cnded use of [hc property [hat do
not apply yenerally to the property or class of use in tfie same vicinity and zone.
4. Thai tlie requested varianc~ is necussary for the preservation and
enjoyment of a substantial property riyh[ possessed by other property in the samcc
vicinity and zone, anJ denied to [he property in yuestion.
j, Tha[ the requcsted variance will not be ma[erially detrimental to the
public welfare or injurious to [hc property or improvements in such viclnlty and zone
in which Chc prc,pcrty is locaicd.
~. Ttiat cwo people indicated their presence at said public hearing in
opposition; and tliat no correspon~ence was received in opposition to the subject
petition.
EI~VIROt71dEtITAL 111PACT FIIIDING: That tlie Anaheim City Planning Commission has
reviewed the subjec[ project cnnsisting of a 2-~-uniC, 2;-lot, RM-~~000(SC) condominium
subdivision with waiver of minimum buildiny setback on approximately 7.G acres having
a frontage of approximately 307o feet west of the cen[erline of Serra~o Avenue, and
does fiereby gra~t a I~egative Declara[ion from the requirement to prepare an
environmental impact report for chc subject property on [he basis that there would be
no significant individual or cumulative adverse e~vironmental impact due to the
approval of ttiis Negative Ueclaration since [fie Anafieim General Plan designates the
subject property for low-density residential land uses commensura[e ~aith the
proposal; tha[ no sensitive environmental elcmenCS are involved in the proposal, and
the Inftial Study submitted by the applicant indicates no significant individual or
cumulative adverse znvironmental impacts; and that the t~egative Declaration
substantiating [he foregoing findings is on file in the City of Anaheim Planning
Department.
NOW, THEREFORE, E3E IT RESOLuED [hat the Anaheim City Planning Commission
dpes hereby gran[ subject Petition for Variance, upvn the followiny condition which
is hereby found to be a necessary prereyuisite to the proposeJ use of the subject
property i~ or~er [o preserue the safety and general welfare of thc Citizens of the
City of Anahcim:
l, That subject property sf~all be developed substantially in accordance
with plans and specifications on file with the Lity of Anaheim mar4;ed Exhibit No. 1.
_Z_ PC77-160
TflE FOREGOII:G RESOLUTI0IJ is signed and approved by me this 12th day of July,
~977
,~
CH IRF1~1N, ANAHE~CITY PLAIiNIl~f COMMISSION
ATT[ST:
r~ ~ ~ %~-+~'~*-a.
SEGRETARY, ANAHEIM CITY PLAI~I~ilIG COtiP115510t7
STATE OF CALIFORPIIA )
COUNTY OF ORAtlGE ) ss.
CITY OF A!~AfiEl~1 )
1, Editl~ L. fiarris, Secretary of thc Anaheim City Pianning Commission, do
hereby certify that thc foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on July 18, 1977, at 1:30 p.m., by the
following vote of thc merrt~ers thereof:
AYES: COHMISSIOt1EF5: BARt~ES, DAVID, KING, LltlN, TOLAR
NOES: CONIiI551UNERS: NERBST, JOfiWSO!~
ADSENT: COM11155101lERS: NONE
i;~ WITN[55 WHERE-OF, I havc fiereunto s~t rny hand this ldth day of July, 1977.
SECRETARY,~HEIt1 CITY~IG COMHISSION
-3- Pc77-t6o