PC 79-202%
RESOLUTIO~~ N0. PC 79-202
R[SOLU710N OF THE ANAHEtH CITY PLANt11NG COHHISSIOtl
THAT PET IT I OM FOR VAR Il1~lCE t~0. 3119 BE DEN I ED
4lHEREAS~ the Anaheim City Pianning Lommission did reccive a verified
Petition for Varl~nce from ROBERT A. MAH and ADELIHE C. L. YEN MAN, doing business as
PACIFIC TERRACE APARTMENTS, 1801-F Parkcourt Place, Suitc 102, Santa Ana, California
92701, o~rner, and BOYCE D. JONES, 1801-F Park Court Place, Suite 102, 5anta Ana,
Callforrtia 92701, agent, of certain real property situated in the Ctty of Anaheim,
County of Orange, State of Lalifornia de,crib~d as:
That portio~ of allotments In Decree of Partftion of the Rancho
Canon De Santa Ana, recorded in Case tlo. 1978 of the 17th JudTctal
Distric[ Court of Californfa, a ccrtificd copy of r~hich was
recorded February 8, 187lt in book 28, page 158 of Deeds in the
office of the County Recorder of Los Angeles Coun[y, Lalffornia,
described as follows: Beginntn9 at the Northeascerly corner of
the land described in the deed to the State of California recorded
October 30, 1956 in book 3693, page 372, Officlal Records in the
office of the County Recorder of said Orange County, said point
being also a ~oin[ on [he Southerly line of 1~J0.00 foot wfde strip
of land, as conveyed to the Riversidc, Santa Arr and Los Angeles
Raflway Co., by deed recorded July 7, 1886 in b~:ck 164, page 50&'
of Deeds, records of Los Angcles Cou~ty, Calitorr,ia, said 100.00
foot strip bei~g now vested in the Atchison, Topeka and Santa ~'e
Railway Compa~y, a corporation; thence along said Southerly llne
iJorth 88° 31' 41" East 7f37.52 feet to the beginnfng of a tangent
curve concave [o the North having a radius of 5779.65 feet;
thence casterly along said curve [hrough a central anglc of 0~ 19'
02" a disGance of 32.00 feet to a point, a radial ko said poini
bcars South iQ ~f7' 21" East, sald point being the true po(nt of
beginning; thencc South 1° 23' 00" West 1202.21 fcet to a point
on a nan-tangent curve concave to ihe North having a radius of
1445.00 feet, a radial to satd point bears South 5° 29' 18" 11est;
:hence Easterly along said curve through a central angle of 23°
31` }5" a dist~nce of 593.20 fee[ Co a poin[ on a Cangen[ line,
said line being the Northerly line of the ilne described in a deed
to Orange Coun[y Flood Control District, recorded February 6, 7939
tn book 980, page 303, Official Records of said county; thence
along said Northerly line North 71° 58' 03" East 83A.18 feet to
the beginning to a tangent curve concave Norihwesterly having a
radius of iG00.00 feet; thence along said curve through a central
angle of 13° 53' 03" a distance of 527•35 feet to a potnt on a
non-tansent line, a radial to sald polnt bears South 36° 55~ 00"
East, said polnt being on the Easterly line of the land conveyed
Co Joe Leung Young, per Decd recorded SeptPanber 13, 1955 in book
3206, page 194~ Official Records of said coun[y; thence along said
Easterly line Che following cwo courses: North 1° 30' >G" East
918.>'6 feet to Station 11 of second class land, allotted to Ynez
Yorba De Cota in partltion cf the Rancho Canon De Santa Ana, a
certified copy of which Decree was recorded February 8, 1874 in
book 28, pege 158 of D-eds, records of Los Angeles County,
Californta; and North 0 28' S6" East 81.05 feet to a point on the
Pc79-aoz
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aforesaid Southerly line of a strTp of land 100.00 feet wide,
being a point on a non-tangent curve co~cave Northerly havinn a
radius of 5779.65 feet, a radfai to satd point bears South 20° 30'
23" East; thence Wests~ly atong satd curve through a central angle
of 18° 43' 02" a distancc of 1888.0$ feet to the true point of
beginning. Except any portton thereof lying Southerly of the
centerllne of La Palma Avenue.
4lNEttEAS, the City Planning Commissfon did hold a public hearing at the City
Hall in the City of Anaheim on October 8, 1979, at 1:3~ p.m., notice of said public
hearing havtng been duly given as required by law and tn accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and constder
evidence for and against said propnsed variance and io invesLigate and make findings
and recortmendations in connectfon therewith; and
WHEREAS, satd Commission, after due inspection, investigation and study made
by ttself and In its behalf, and after due consideration of all evidence a~d reports
offr.red at said hearing, does find and determine thc followtng facts:
1. That the petitioner pro;+oses a waiver of the following to establish a
31t7-unit, 348-1ot, mobile home park subdivision:
SECTION 1f3.01.130 - Re uired lot fronta e.
A ots requ re to front on a dedicated street;
3~~ats not fronting on a dedicated street proposedj
2, That the above-men[ioned waiver is hereby denied on the basis that a
condition of approval of the Tentative Map of Tract No. 10E07 flled in connection
with this petition, requires that prior to approval of the final map~ subJect
property shall be reclasstfted :o RM-3000 (Restdential, Multiple-Family) zoning
thereby no longer necessitating the requtrencnt for the waivcr.
3, That there are no exceptlonal or extraordinary circumstances or
conditions applicable [o the property involved or to the intended use of the proparty
that do not apply general!y to the property or class of use in the same vicinity and
zone.
ti. That the requested variance is not necessary for th~e preservatton and
enJoyment of a substantial property right possessed by other property in [he sarne
vicinity and zone, and denied to the proFerty in question.
5. That the requested variar.ce will be materially detrimental to the
pubitc welfare or injurious to the property or improvements in such viclnity and zone
Tn which the property is locaLed.
6. That 3 irterested persons indicated their presence at satd public
hearing and one person volced oppositlon; and that several petittons were received
supporting subJect petltion.
ENVIROt~MENTAL IMPACT FINDIt~G: That an Envlronmental Impact Report Negative
Declaration was approved in conJunction wtth Londitional Use Permit No. ~014 on
August z7, 1979.
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NOW~ THEREFORE, BE IT RESOLVED that the Anaheim City Planning CommTssTon
does hereby deny subject PetttTon for Varlance o~ the basis of the aforementioned
findings.
THE FOREGOING RESOLUTION is signed and approved by me this 8th day of
October~ 1979.
. ~
A IfIG CHAIRMAN
ANAHEIM CITY PLANNING COHt11SSI0P!
ATTEST:
~~..~ ,~.° .~.,_-
ECRETARY, At~AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edtih L. Harrls~ Secretary of the Anahelm Clty Pianning Commission. do
hereby certlfy that the foregoing resolutlon was passed and adopted at a meeting of
the Anahelm City Planning Commission heTd on October 8~ 1979, at 1:34 p.m.,by the
following vate of the members thereof:
AYES: COMMISSIONEP,S: BUSHORE, DAVID, FRY~ HERBST, KING
HOES: COMMIS510NER5: NONE
ABSENT: COMMISSIONERS: BARNES, TOLAR
IN WITNE55 WHEREOF, I have hereunto set rny hand this 8th day of October, 1979.
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~ECP,ETAP.Y, hANEtM CiTY Li+NNtF1G LOHMt55tON