PC 79-20RESOLUTION N0. PC 79-20
A RESOLUTION OF THE ANAHEIM ~ITY PLANNING CONMISSION
TItAT PETITION fOR VARIANLE N0. 3071 BE GRAHTED. IN P~RT
WHEREAS, the Anaheim Ctty Planning Commission did receive a verified
Pttition for Variancc from SAND DOLLAR DEVELOPMENT. INC., 16371 8each Boulevard,
k240~ Huntington Beach~ Californla 92647, owner, and JAMES ASKINS, ARC Development,
540 Nor[h Golden Circie Drive, Sulte 114~ Santa Ana, California 92705, agent, of
certatn real property situated tn the C(ty of Anahetm, County of Orange, 5tate of
California described as:
Parcel 4 as shown on a Map recorded In book 123, pages 44 and b5
of Parcel Maps. records of Orange County, California.
NHEREAS, the City Planning Commissiqn did schedule a public hearing at the
City Hall in the City of Anaheim on January 2~, 1979, at 1:3Q p.m., notice of said
public hearing having been duly given as required by law and in accordance wl[h the
provisions of the Anaheim Muntcfpal Code, Chapter 18.~3, ta hear and conslder
evidence for and against said proposed variance and Yo tnvestiga[e and make findings
and recommendations in connectton thereNtth; said public hearing having been
con[inued to the Planning Lommission meecing of January 15, 1979~ and
NHEREAS, said Commfssion, after due inspectlon, Investigation and study made
bY I[scif and in its behalf, and afier due considcratlon of all evidence and reports
offcred at said hearing. dces find and determine the following facts:
1, That [he petitioner proposes a waiver of the followtng to establlsh a
2-l0[, 218- unit RH-4000 (Residential, Multiple-Famity) zone condomintum subdlvision:
a. SECTION 18,31,061.012 - Minimum buildin site ar$a.
~00 s uare eet per dwelling unit required;
2 9+ square eet proposed)
b. SECTION 18,31.065.03~ ~ Requtred orientafion of buildfnqs to
artcriT FiTgh~ays.
2. That the reQuested waiver (a) is hereby granted on the basis that che
Planntng Commisslon has determined that the current requiremenc for minimum bullding
site arca per dwelling untt in condomintum developments ts too great and should be
reduced; and that Previous developm~nts tn the same zone have been gran[ed similar
walvers.
3, That the requested waive~ (b) is hereby denied on the basis that
revised pians were submitted deleting subJect waiver,
4. Tha[ this variance Is granted subfect to the petitioner's stipulatiort
to submit revised plans to the Planning Commisslon for their revlew and approval,
said plans re-lacating the guest parktng area to more equally distribute said spaces
throughout the projec[.
Pt79-2~
5, That there arc exceptional or extraordtnary c(rcumstances or conditions
applicable to [he property Tnvolved or to the intended use, as 9ranted, of the
proper[y that do not apply generally to the property or class of use In [he same
vicinity and zone.
6, That ehe requested variance, as granted, is necessary for the
preservation and enJoyment of a substanttal properiy righi possessed by other
property in the same vfcinfty and cone, and dented to the property ~~ question.
), That the requcsted variance. as granted, Hill noc be macerlaily
detrlmental to the publlc welfare or tnjurious to the property or improvements in
such v(cinity and zone tn which the property is located.
g, That na one Indicated their prese~ce at said Dublic hearin9 tn
oPPosition; and that no correspondence was recetved in opposition to the subJect
petition.
ENVIRONMENTAL IMPACT FINDING: That Enviroronental Impact Report ko. 223 for
the propose deve opmen[ o entat ve ract No. 10476 (Revision No. ~). having been
considered thts date by che Anaheim Ctty Plann(ng Commission and evidence, both
written and oral. having been presented to supplement draft EIR No. 223. finds that
poten[lal environmental impacts of the proJect may be reduced to an insignificant
level by conformance with City plans. policies and ordtnances and that draft EIR Mo.
2z3 is in comPllance w(th the Callfornta Envlronmental Quality Act and with Ctty and
State EIR Guidelines and therefore~ based upon such information, che Anahetm Ctty
Planntng Commission certifies EIR No. 223•
NOW, TF!EREFORE. BE IT RESOLVED that the Anahetm City Alanning Commlssion
does hereby grant~ in part. subJect Peti[ton for Variance, upon the following
condittons which are hereby found to be a necessary prerequlsife to [he proposed use
of the subject P~operty In order to preserve the safety and general .velfare of the
Citizens of the City of Anaheim:
~, That thts Varlance is granteJ sub)ect to the completion of
Reclasstf(catton No. 78~79-26, na+ pending.
2, That subJect property shall be developed substant(atly in accordance
with plans and speciflcactons on ffle Nlth the C(ty of Anahetm marked Exhlbii Nos. 1
through 4.
3, Ttiat prior to tssuance of building permlts, revised plans shall be
submitced to the Planning Commlssion for thei~ revlew and approval, said pians re-
locating the guest parking spaces more equally throughout the proJect.
BE IT FURTHER RESOLVED that the A~aheim Ctty Planntng Commisslon does hereby
find and determtne that adoption of this Resoluclon is expressly predicated upon
aPplicant's cmnpitance wTth each and all of the condtttons herelnabove set forth.
Should any such condition. or any part thereof, be declared Invalid or unenforceabie
by the flnal Judgment of any court of canpetent Jurisdiction. then thts Resolutlon,
and any approvals herel~ contalned. shall be deemed null and voTd.
-Z- PC74-=0
THE FOREGOING RESOLUTION is signcd and approved by me this 29ch day of
January, 1979. ~
N. N H 1 LANNIN C MM ION
A7TE57:
n ~
~ECRETAR ~ ANAHEIM ~~NN1N OMMIS I N
STATE OF CALIFORNIA )
COUNTY UF OMNGE ) ss.
CITY OF ANAHEIH D
I, Edith L. Marris, Secrecary of the AnaheTm Gity Planning Lammisslon. do
hereby certify that thc foregoing resolutton ~ras passed and adopted at a meeting of
the Anahelm City Planning Commlssion held on January 29. 1979. at 1:30 p.m.~ by the
follo~+tng vote of the members thereof:
AYES: COMMISSIONERS: JONNSON, KING. TOLAR
NOE$; COKYISSIONERS: BUSHORE~ HER85T
ABSENT: COMHISSIONERS: BARNES. OhVID
1970
~N NITNE55 bR1ERE0F~ I have hereunto set m~ Fwnd Lhis 29th dey of January.
~ ~ r~ .7~ ~~,.,~.
SEZRE~AR , NAHE IM S I1T1~ LANN NG COMM 1 SS I ON
-3_ PC74-20