PC 77-30RESOLUTION N0. PCi7-30
RESO~UTION OF THE ANAHEIM CITY PLANNING COMMISSION
THA1 PET1710N FOR VARIANCE N0. z9oi BE DENIED.
utiEREpS, the Anaheim City Pianning Commisslon did receive a verified
Petitlon for Variance from HiKE CLARK Df.VELOPHENT, INC., 3303 Harbor 8oulevard, Suite
K-tl~ Costa Mesa~ Californla 92626 (Owner) o` certain real property situated in the
City of Anaheim~ County of Orange, State of California d•.scrlbed as:
PARCEL N0. 1: That portion of the Northw~st qu~rter of Section 6, Tow~ship ~
South Ra~ge $ West, in the land allotted to Trinldad Peralta de Marquez as
descrlbed in the Flnal Decree of Fartl[ion of the Rancho Santiago de Santa Ana,
which was encered ~eptember 12, 1868 In Book "B", page 410 of Ju<igments of the
District Court o` Lhe 17th Jud',cial Dlstrict ln and for Los Angeies County,
Cal(fornia, descrlbed as follows:
Begfnning a[ th~ Northwesteriy co~ner of that c~•taln 12.745 acre parce~l, as
shown on a Map f~ted ln booF 22, page il of ~-cord of Surveys, in the office of
the County Reco~'~er of Orange Couniy, Californla; [hence South l° ~6' ~3" West
along the Westeriy Iine of said Parcel, 36.56 feet; thence South 78~ 34' 30" East
204.61 feet [o the beginning of a tangent cur•ve concave Wes;erly, having a radius
or 25.00 feet; thence Southwesterly, So~therly and Souttn+esterly alon9 said
curve, through a central angle of 152° 21' 00" an arc distance of b6.48 feet to a
tangen[ line, belr.q that certain ~ourse described ns Sauth 73° 46' 30" West 89•25
fee[ In Partcl t±o. 1 of a dced to Tetsuo Ozaki and wife, recorded 5cptember 12,
1961, In book 5a4%+, page 139, of Offlclal Records; thence Nor[h 73° 46' 30" East
20.96 feet to the Eas[erly terminus of sLid r.ourse; thence South 62° 32' 30" East
96.62 feet to ~he Southwesterly corner of the land descrlbed in Parcel No, 1 of a
deed to Phlllp E. Hansen and wlfe, recorded July 14, 1966 In booL, 7989, page 190,
Officlal Records; thence North 2~ 53' 14" Ea~t 147.41 feet [o an angle polnt in
the Westerly llne of sald land of Hanscn; [hznce North 55° 35' 08" West 88.50
feet to the Northwesterly corner of sald land of Hanscn, being a po(n[ on [he
centerline of Mohler Drive, as shown o~ a Map filed In bo~k 82, oaqe 26 of Record
of Surveys tn Lhe offlce of the Cou~ty Recorder of Orange County, Cal(fornia,
sald center iine being [he Northerly ilne of the land describe~ in Parcel No. 1
of a deed to Paul Obler and others, recorded July 23, 1964, in book 7146, page
311 of Offlcial Records, sald polnt belnrt on a curve in sald cen[er line, concave
Southeriy having a radlus of 700.Q0 feet, a radlal line [hrough sald po(nt bears
Nortn 0~~ 35' 08" Uest; thence Westerly along said curve and said center line,
chrough a central angle of 9° O1` 22", a~ arc distance of 11U.23 feet Co a
tangent 1Jne; thencc South SOo 23~ 30" ~est 13~.17 feet to the polnt of
beglnning.
~ald land Is also known as Parcel lA on a Map recorded in book 82, page 26 of
Record of Surveys.
PARCEL N0. 2: That portlon of the Northw~st quorter of Section 6, Township 4
South, P,nnge $ West, In thc land ullo[tad to Trinldad Peralta de Marquez, a~
described In the Finel Decree of Pertit(on of the Rancho Santlago de 5anta Ana,
whfch was ontered Soptember 12, 1868, in Book "B"~ page 410 of Judgmcnts of the
Dlstrict Court of the 17th Jud(clal Dtstr(ct In and for Los Angeles County,
Cellfornla, described as foilows:
RESOLUTION N0. PC77-30
Cortmcncin9 at thc ~ortFnaestcrly cor~er of that ccrtain 12,74~~ acre parcel~ as
shovm on a Map filed t~ b4ok 22, page 11 of Record of Surveys 1n the office of
the ~ounty Recorder of Orange County. Californl~; [hence South 1~ 06' 03" Ucst,
along the Westerly lf~e of said parce) 36.56 fte[ to Lht [rue point of beginning;
thence South 780 3~' 30'' East 204.61 feet to the beginnli~g of a tangent curve
concave West~rly having a r~idius of 2~.00 ~cet; thence So~2hcastcrly, Southerly
and South~esterly along sald curve, through a cen[ral angle df 152° 21' 00", an
arc dlsZancc of 66.4$ feet to a tangent line, being that certaln course descrlbed
as South 73° 4b' 30" Uest 89.25 feet in Parcel No. a of a dced to Tats~uo Ozaki,
and wife, recorded Septcmber 12, 1961 ln book 58~4~, page 139 of Off;clal Records;
the~ce South 73° 46' 30" urst along said co~rse and lts SouYhwesterly
prolongation 213,97 fnec [o ~aid W~sterly llne of that certain ;2.745 acre
pa.rcel; thence North 1Q o6'' 03" fast 185.41 feeC to the true polni of Gegtnning.
Said land is a!s6 known as ~arcei TB on a Hap recorded in book 82. page 26 of
Record of Survey~.
uNEREAS, the City Planning CommissLon did hold ~ aublic hearing az the City
Hali in the City of Anahelm on January 3~, 1977. at 9:30 p.m., noCiCe of sai~ publir_
hearing having been duly ti!•~-r. as required by law and In ac,cordr:nce with [he
provisions of [he Anahetm Municinal Code, Chapter 18.03, to hear and con;?der
evidence for and agatnst said propozed vari~~c~ and Lo lnvestigate and ma~e fl~dings
and recortmendatlons fn connectlon tfierewiCh; and
~IHEREAS, said Commission, after due I~xspect(mn, investigaclon and stuGy made
by itseif and in its be:half, and after due cons3dera[lon of all evidence and reporis
offered at sald hearing, does find and deCermlme [he following facts:
1, That the peCPtloncr proposes [he following wa(~rer from che Anaheim
Municipal Code, to establlsh [wo lots in thc ftS-HS-22,000(SC) ZONE:
SECTION 18.23.1~b1.010 - Mlnlmum lot ar~a, ~2?. 000 ross and
19 000 net requ red; 20, 0 gross and
12,~ pro,posed) ~
2. 7hat tlhe above-men2loned Halver Is hereby denled on thc basis that the
petitloner dld not demonstrate chat a hardshlip Nould be creaYed is sald waiver was
not gran2cd slnce [he topogr•aphy of subJea;t property is no[ s(gntflcantly ~ifferent
from other parcels in the area; Lhat approvnl of the requcsted walver ~rould set an
undesirable precedent for che su6Ject ar~ea; and that no prevfous waivers of the lot
arca requirements have been granted In the ~subJect area.
3. That there are no exceptlonal or extraordtnary circum§tances or
conditions applicable to the property lnvolved or tu the inte~ded use of [he property
thaC do not apply generaily to the prop~rty or cless of use In the same viclnity and
zono.
4. That the requested verla~ce Is not necessary for the preservat!on and
anJoyment of a substantlal propcr[y rlght pos~assed by other property in the same
viclnity and zonc, end denicd to the property tn questlon.
5, Thot the requested varfance wlil be meterielly detrlmonta) Co thc
public wolfrrn or InJurloue to the proparty or Improvementa In such vlclnity end zone
In which thA ~roparty la locnted.
-2- ~:~3;3:.~I~~:ir; N0. PC77°3p
6. That three (3) persons appeared, representtng approxfmately ten (tOj
persons prescnt at sald public ti~-r~~g ln oppositlon; and that no correspondence ~~as
recetved in oppositlon to the sub)ect pettcton.
ENVIRONMENTAL IMPAC7 REPORT FINDiNG: That the Anahelm Clty Plarnin~;
L~:nisslon does hereby recommend to the City Counctl of the City of Anaheim th~t
neg•a[ive declaration f~om the requiremen[s to prapare an environmental impact repcrc
be approved for the sub)~ct proJect, pursuant to the proyisions of the Cailfo~nia
Envlronmental Quality 4c;.
NOW, THEREFORE. BE IT RE50LVED that the Anaheim Lity Planning CaTMnis;ic~~
does hereby deny subJect Petitlon for Varfance on thc bas(s of the aforemcntionc~~
findings.
THE FO~EGOING RESOLUTION ls signed and apFroved y me this 31st day of
JanuarY. 1977.
HAIfINAN ANAHE CITY PLANNING COMMISSfON
ATTEST:
~ , ~ ~
SECRE AR , ANAHEIH CI Y~ANN~ OMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ~=a,
CITY OF ANAHEIM )
I, Patricla B. Scanlan, Secrecary of the Anaheim City Planning Commisslon,
do hereby certlfy tha[ the foregoing resolutlon was pas~ed and adopted at a meeting
of the Anaheim City Planning Commiss~lon, held on JanuaYy 31, 1977. at 1:30 p.n~., by
the following vote of the members thcreof:
AYES: COMMISSIONERS: BA{tNES, UAVID~ HERBSTn KING, MOV~LEY~ TOLAR, JOHNSON
NOES: COMMi5510NERS: NONE
ABSEN7; COMHISSIONERS: NOFIE
IN WITNESS WHEREO~, I havc hercunto set my hand this 31st day of January
19):.
C~if-?~~.c,.ar.J -..~
~C~RP~ 1(A .~R~~~~'17~i~
"3" ?E58LUTION W0. PC77-30