PC 77-36RESOLUTION N0. PC77 -36
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0. 2906 BE GRANTED
WHEREAS, the Anaheim City spy ;yep Commission did receive a v rF'`1e.1
Petition for Variance from JACK N. ANO DO ll AY aY, HALL, ET AL, 1'. O. Box 116/„
Ana, California 92711 (Owners) of certain real property situated in the C h y of
Anaheim, County of Orange, State of California, described as:
Proposed Tract No. 9482, beng a subdivision of that portion of the land allotted
to Juan Pablo Peralta, as described in ene Final Decree of Partition of the
Rancho Sar ;go de Santa a' na, which was entered September 12, 1868 in book "B",
page '' , )f Judgments of the District Court of the 17th Judicial District in and
ft dos Angeles County, California described as follows:
Beginning at the intersection of the Westerly line of the land described in the
Deed to Louis W. Bushard, and wife, recorded June 4, 1925 in book 578, page 304
of Deeds, records of said County, with the Northeasterly prolongation of the
Southeasterly line of Beauty Drive, 60.00 feet wide as shown on a map of Tract
No. 5332, recorded in book 192, pages 36 to 38 inclusive of Miscellaneous Maps,
in the office of the County Recorder of said County; thence North 38° 00' 32"
East 172.57 feet along said Northeasterly prolongation to the beginning of a
curve concave Westerly having a radius of 200.00 feet; thence Northerly 190.39
feet along said curve through a central angle of 54° 32' 29 "; thence North
16 31' 57" West 304.58 feet; thence North 60° 06' 01" East 26.41 feet to a point
on a non - tangent curve concave Northeasterly having a radius of 1865.00 feet a
radial to said point bears South 60 06' 01" West; thence Northwesterly 142.64
along said curve through a central angle of 04° 22' 56" to a point on said curve
a radial to said point bears South 64 28' 57" West to a point on a non - tangent
curve concave Southeasterly having a radius of 970.00 feet a radial to said point
bears North 17° 51' 58" West; thence Southwesterly 294.12 feet along said curve
through a central angle of 17° 22' 22" to said Westerly line of Bushard a radial
to said point bears South 35° 14' 20" East; thence South 18 55' 42" East 80.40
feet along said land deeded to Bushard; thence South 22° 39' 53 ", 585.65 feet
along said land deeded to Bushard to the point of beginning.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on February 14, 1977, at 1 :30 p.m., notice of said public
hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, Investigation and study made
by itself and In Its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the petitioner proposes the following waiver from the Anaheim
Municipal Code, to establish a 16 -lot, RS- 7200(SC) subdivision:
SECTION 18.26.065.010 - Requirement that all lots rear on arterial
highways. (2 side -on lots proposed]
RESOLUTION NO. PC77 -36
2. That the above - mentioned waiver is hereby granted on the basis of
hardship due to the irregular size and shape of the subJect property which more
than twice as deep as it is wide (approximately 666 feet deep by 294 'eet w,de)
furthermore, access to the site being restricted solely to the narrowest dirren. 3
which is the frontage along Riverdale Avenue; and further, the Nanning Commission
has previously granted similar waivers on nearby properties in the same zone,
3. That the Panning Commission does hereby recommend to the City Council
of the City of Anaheim that Cour:cil Policy No. 538 requiring a 40 -foot minimum
building setback adjacent to arteraai highways be waived to permit a setback of 10
feet for the two lots abutting Riverdale Avenue, on the basis that previous similar
requests have been granted; that existing residential lots in the area have 10 -foot
setbacks from Riverdale Avenue, and, furthermore, the proposed lot sizes meet or
exceed the RS- 7200(SC) Zone standards.
4 . That there are exceptional or extraordinary circumstances or conditions
applic el a to the property involved or to the intended u7e of the property that do
not apply generally to the property or class of use in th same vicinity and zone.
5. That the requested arlan�s , x es fcr the preservation and
enjoyment of a substantial property right posse : c by cs th'r , ,v , , , oerty in the same
vicinity and zone, and denied to the property ie ;westion.
6. That the requested variance will not b teria fl y detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone
in which the property is located.
7. That the Planning Commission doe, further recommend that a sound
barrier consisting of an earthen berm, a masonry wall not to exceed 6 feet in height,
or a combination thereof, be provided adjacent to Lakeview Avenue as a sound -
attenuation measure in accordance with Council Policy No. 542.
8. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subJect
petition.
ENVIRONMENTAL IMPACT REPORT FINDING: That the Anaheim City Planning
Commission has reviewed the subJect project, consisting of a 16 -lot, RS- 7200(SC)
subdivision with two side -on lots, said project being located at the southwest corner
of Riverdale and Lakeview Avenues on approximately 3.7 acres, and does hereby
recommend to the City Council of the City of Anaheim that a Negative Declaration from
the requirement to prepare an environmental impact report be approved for this
protect on the basis that there would be no significant adverse environmental impact
since it abuts a similar single - family residential development with two -story homes;
that there will be no individual or cumulative adverse impact on the environment due
to the approval of this Negative Declaration since the Anaheim General Plan
designates the subJect property for low- density residential land uses commensurate
with the proposal, and the initial Study submitted by the petitioner Indicates no
significant adverse impact; and that the Negative Declaration substantiating the
foregoing findings is on file in the Office of the Planning Department at City Hall.
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
-2- RESOLUTION NO. PC77 -36
property in order to prey re the safety and general welf€ _ of the Citizens of the
City of Anaheim:
1. That this Variance is granted subject to the completion of
Reclassification No. 67- 68 -13, now pending. This condition shell be complied w'th
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 c ?ear from
date hereof, whichever occurs first, or such further time as the Plannint Commission
and /or City Council may grant.
2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit No. 1
provided, however, that Lot Nos. l ard 16 shall have a minimum building setback of 40
feet adJacent to Riverdale Avenue, per Council Policy No. 538, unless the C"ty
Council grants relief from said policy and permits 10 -foot building setbacks for said
lots; that a 6 -foot high masonry wall shall be constructyy adjacent to Riverdaie
Avenue and the Riverside Freeway on -ramp; and that a sound barrier consisting of an
earthen berm, a masonry wall not to exceed 6 feet in height, or a rcmbinat on
thereof, shall be provided adJacent to Lakeview Avenue as a sound - attenuation measure
In acc with Council Policy No. 542. This condition shall be complied with
prior to final building and zoning inspections.
THE FOREGOING RESOLUTION is signed and approved b me this 14th day ua
February, 1977.
ATTEST:
E R R, ANAHEIM CITY PLANNING COM GINS i
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss.
CITY OF ANAHEIM )
CHA`RMAN,ANAHEIM,'ITY PLANNING COMMISSION
-
I, Patricia B. Scanlan, Secretary of the Anaheim City Planning Commission,
do hereby certify that the foregoing resolution was passed and adopted at a meeting
of the Anaheim City Planning Commission held on February 14, 1977, at 1:30 p.m., by
the following vote of the members thereof:
AYES: COMMISSIONERS: BARNES, DAVID, HERBST, KING, MORLEY, TOLAR, JOHNSON
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
iN WITNESS WHEREOF, I have hereunto set my hand this 14th day of February,
1977.
RESOLUTION NO. PC77-36