PC 79-144RESOLUTION N0. PC 74-144
A RESOLUTION OF THE ANAHEIM CITY PLANtllttr, COHNISSIOti
TtiAT PETIT10~1 FOR VARIANCE 110. 3102 8E GRA~lTED
WHEREAi. tl~e Anahelm City Planntng Commission d~d recetve a verTfied
Petition for Variance from WALTER E. LA FORCE At~~ BLANCHE HANAHAN LA FORCE~ P, 0. Box
6200, Anaheim. California 928n6, owncrs, and JOHN F. SWINT, 707 Nes[ ~~or[h Street,
Anahelm~ Lalifornia 92805, agent, of certatn real property situated in ~he City of
Anaheim. Lounty oF Orange. State of Caiifornia described as:
The Southerly 340.00 feet of that portion of the South half of the
Southeast quarter of the Southr~est quarter of Section ii, Toti+~sh~R
G South, Range il 11est, San Bcrnardino Base and Heridian uescribed
as folla~+s: Br_ginning at a point on thc South Itne of saTd
Section il, 188 feet East of the 5outhwest corner of said South
half of thc Southeast quarter of the Southwest quarter of saTd
Section 11; running thcncc East alon9 said South line, 1~~•~+2
fce[; ~hence North parallcl to the Nest line of said So~th half~
520.33 feet to a point in the South line of [hat certaTn parcel of
land conveyed by the First !lational Bank of Santa Ana to Ho.+ard S,
Strange and wifc by dccd recordcd August 17~ 1~2~; thence W~st
paraliel to the North line of said South Half of the Southeast
quar[er of thc SouthwesC quartcr, tf'.42 fcct; thence iouth
para11c1 to the kest line of said South half, 52~.45 feet to the
poin[ of beginning.
11HEREAS. thc Clty Planning Comr~ission dld hold a public hearin9 at the City
Hall in Lhe City of Anahcim on July 1G. 1?7?, ac 1:;0 p,m,~ noticc of said public
hearing havin9 becn duly given as rcqutrcd by law and in accordance aith the
P~avisions of the Analiein Municipal Code, Chap[er 1~.03~ to hear and constder
evldence for and agalnst said proposed variance and to investiga[e and *+ak.e findings
and reeortmcndations in co~nection thcrewith; and
WF{EREAS. sald Cemmisslon~ aftcr due inspection, invcsttgatlon a^d study made
by icself and in its behalf, and after due consid~ration of a11 evidence and reports
offcred at said hearing. dces find and determTne the folTo-eing fac[s:
~, 7hat the petittoner proposes a waiver of the following ~a construct a
14-unTt condominium comDlex:
(a) SECTION 18.31.061,012 - Minimum buildTn sice area er dwellinq ~nTt
sauare eet reou re
29 sauare eet proposed)
(b) SECTIO!~ 18.;1.062.912 - Naxim~m structural heT ht.
~stor perm ttc N t n
15~ect of agrtcultural zon(ng;
2 stortes proposcd.
2, That waivcr (a) is hereby granted on thc basts that the rcquest Is
minimal and amounts to less [han trro perccnt (2$) of thc Code rcquTrem~^~•
PC79-144
3, Tha[ waiver (b) is hereby granted on the basis that althouyh the
property to the sou[h is presently zoned agriculturaily, it is desTgnated for generai
commercial land uses by the Anahc(m Ce~cra) Plan.
4. Tha[ Lhere are excep[ional or extraordtnary ctrcurt!stanc.es or condttions
applicable to the property involved or to the Intended use of the property that do
not apply yenerallY to [he proper[y cr class of use tn the same wicinT[y and zone.
5. That the requested variance is necessary for [he O~eservatlon and
enjoyment of a substantia) property right possessed by othcr proper[y in the same
vicinity and zone, and der.icd to thc property (n qucstion.
6. That the requested variance Nill not be macerTally dccrTmcntal to the
public welfare or injurious co the property or Tmprovements in such vTclrttty and zone
in which the property !s located.
7. Tha[ no one indicated the'fr presence at said public hearing in
opposT[Ton; and that no correspondence Nas recelved in opposttion to the subject
petition.
EHVIRONHE~iTAL IMPACT FINDING: T~it thc Anahein Clty Plannirtg ComaissTon has
reviewed the proposal Lo rr.c ass fy subject property from [he RS-A-G3~000
(RESIDEtITIAL, AGRICULTURAL) to the RM-3000 (RESIDEHTIAL. YULTlPLE-FAMiLY) 2one to
construcc a 14-unlt condomtntuT conplex with waivers of minimucn butiding site area
per dwellirg unit and rtwxirnurn structural height o~ a rectangularly-shaped parcel of
land conststi~g o` approx(mately 1.2 acres. having a frontaqe of apn~oximately 167
fe~t on the north sTde of Lincoln Avenuc, having a maximum depth of apProxtma2ely 300
feet and Ceing locatcd approximately ?63 fect r+est of the centerline of Wes[ern
Avenue; and dces hereby approvc thc Negative Occlaratlon from the requlrement to
prepare an envfronmental Impact repor[ on the basis tha[ the~c would be no
sTgnificant individual or cumulative adverse environmental inpact due [o the approv~l
of this pegative Declara[lon since the Anahetm General Plan destgnates the subject
property for low-medium density residcntial land uses commensuratc Ni[h che nroposal;
f~at no sens(tivic environmcnta) impacts are fnvoivcd in t~~ p~oposal; that the
Inicial Study submitted by the peti[loner tndlcates no signiftcant individual or
cumulative adverse enviro~mcn[al impacts; and that ihe Nega[Ive Declaration
substantia[tng the foregoing fTndings Is on fTle in the City of AnaheTm Planning
Depar[men[.
NOU~ THEREFORE, BE IT RESOLVED that thc Anaheim Clty Plannin9 Commfsslan
does hereby grant subject Pe[ition for Vartance~ upon the followirtg condJtions Mhich
are hereby found to be a necessary prerequistce to the proposed use of the subJect
property in order to preserve Che safety anJ gencral ~+elfare of the Lftizcns of the
City of Anaheim:
1. That thTs Yarlance is granted subJect to thr conpletion of
Reclassiflcatfon No. 19-80-4~ ~~ pe~ding.
2. That subJect property shall Qe devrlop¢d substantially in atcordance
Nith plans and speclfications on file with the tlty of AnaheTm marked Exhiblt Nos. 1
through 3,
-2- PC79-144
BE IT FURTNER RESOLVED that thc Anaheim CTty Planning Commission dces hereby
ftnd and detcrmtne that adoption af this Resolu[lon is expressly prcdicated upon
appiTcant's compliance with each and all of the condicions hereinabove set forth.
Should any such condltion. or any part thereof~ be declared invaiTd or unenforceable
by the final Judg~~t of any court of competent Jurisdiction~ then thts Resolution~
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUT10~1 Is signed and approved by me thts 16th day of July,
1979.
a N, AN M CI Y PLANt~ING COMMISSION
ATTEST:
S~CRETARY, AIAHEiM CITY PLANf11tJG LOMHISSIOtt
STATE OF CALIFORNIA )
COUNTY OF OftAtIGE ) ss.
C17Y OF ANAHEIf1 ~
!~ Edtth ~• Harris. Secre[ary of the Anaheim City Plannin9 Ca:*n(sslon. do
hcre6y certtfy ihst the foregQing resolu[ton M?f pas4t~ artc~ ade¢ted at a mee~ing Qf
the Anaheim City Planning Ca+rnissio~ held o~ July 16. 1979. by the foltoxing vote of
thc merntcrs thcreof:
AYES: COrLMISSI01~ER5: BARNES~ BUSHORE~ DAYIO, FRY~ HERBST~ KING~ TOLAR
NOES: COMH~SSIOIiERS: NONE
ABSEIiT: COMNIS~IONERS: IIOt1E
IN WITHF.55 ~1HEREOF. ! have hereunto sct r.ry hand this lEth day of July~ lg7g,
~~ y~ ~ M NG C MM ~ N
-3- Pt79-t44