PC 80-227~ ~
RESOLUTION N0. PC80-227
A RESOLUTION OF THE ANAHEIM CITY PLANNIPJG COMt11SSI0N
THAT PETITION FOR VARIANCE N0. 3176, BE GRANTE~, IN PART.
WHEREAS, the Anaheim City Planning Commission did receive a verified
petition for Variance from BILL J. NICKEL, ET AL, 8151 Katella Avenue, Stanton,
California 90680~ o~aners of certain real property situated in the City of Anaheim,
County of Orange, State of California, described as follows:
Parcel 1: That portion of lot 6 in Kellogg Homestead Tract, West
Anaheim, in the City of Anaheim, County of Orange, State of
California, as per map recorded in book 8, page 51 of
Miscellaneous Maps, records of Orange County, California,
descrtbed as follows: Beginning at the northeast corner of satd
lot 6~ thence southerly along the easterly line of said lot 6,
220.00 feet to the true ooint of beginning of this description;
thence north 8go 40' west, parallel with the north line of said
lot 6, 190.00 feet; thence south 1° 07' 40" west parallel with the
east ltne of satd lot 6~ 115.00 feet; thence south (390 40~ east,
parallel with the north line of said lot 6, 1g0.00 feet to the
east line of said lot 6; thence north 1° 07' 40" east 115.00 feet
to the true point of beginning of this d~scription.
WHEREAS, the City Planning Commission did hoid a publtc hearing at the Civic
Center in the City of Anaheim on November 17~ 1980, at 1:30 p.m., notice of said
public hearing having been duly given as requtred by la~ti~ and in accordance with the
provisions of the Anahelm Mur.icipal 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; said public hearing having been
continued to the Planning Commission meeting of December 15, 1980; and
WHEREAS, said Commission, after due Inspection, investigation and study made
by itself and in tYs 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 waivers of the following to construct a
14-unit apartment complex:
A. SECTION 18.34,061.010 - Mlnimum lot area per dwelling unit.
1200 square eet required;
10 square t~t proposed)
B. SECTI01~ 18.34,062.012 - Maximum structural heign:.
1-story perm tted w thin 150 feet of
RS-~~3,000 zoning;
2 stories proposed at 20-feet)
C. SECTION 18.34,063.~32 - Minimum recreational-leisure area.
D. SECTION 18.34.~65.010 - Minimum disYance between buildin s.
3 eet required;
21 feet proposed)
PC80-227
2. That the above-mentioned waiver A is hereby granted on the basis that
the request is minimal, amounting to less that 13~.
3. That the above-mentioned watver B is hereby granted on the b~sis that
the nearby RS-A-43,000 zoned property is designated for medtum density residential
uses by the Anaheim General Pian, and that waiver D is granted on the basis that
denial would deprive subject property of a privilege enjoyed by other properties in
the same zone and vicinity.
4. That the above-mentioned waiver C ts hereby denied on the basis that
revised plans were submitted eliminating the need for satd waiver.
5. That there are exceptional or extraordinary circumstances or conditions
applicable to the pr~perty involved or to the intended use, as granted, of the
property that do not apply generally to the property or class of use in the same
victnity and zone.
6, That the requested variance, as granted, is necessary for the
preservation and enJoyment of a substantial property right possessed by other
property in the same victnity and zone~ and denied to the property in question.
?. That the requested variance, as granted, ~~ill not be materially
detrimental to the public welfare or injurious to the propert~ ~r improvements in
such vicintty and zone in which the property fs located,
$. That one person indicated her presence at said November 17th and
December iSth, 1g80, public hearings in opposition; and that no correspondence was
received in opposition to the subject petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to reclassify subject property f'rom the P.S-A-~~3,000
(Residential/Agricultural) Zone to the RM-1200 (Residentlal, Multiple-Family) Zone to
permit a 14-unit apartment complex with waivers of minimum lot area per dwelltng
unit. maximum structural height, minimum recreattonal-leisure area and minlmum
distance between buildings~ on a rectangularly-shaped parcel of land consisting of
approxtmately 0,4 acre, having a fron;age of approximately 115 feet on the west side
of Nutwoad Street, having a maxtmum depth of approximately 170 feet, and being
located approximately 250 south of ti;~ centerline of Bali Road; and d~es hereby
approve the Negative Declaration from the re~quirement to prepare an environmental
impact report on the basis that there would be no significant individual or
cumulative adverse envtronmental impact due to the approval of this Negative
Declaration since the Anaheim General Plan designates the subject property for
medium-density residentia) lanJ uses commensurate with the pro~osal; that no
sensitive environmenCal impacts are involved in the proposal; that the (nittal Study
submitted by the petitioner indicates no significant individual or cumulative
adverse environmental impacts; and that the Negative Declaration substantiating the
foregoing findings is on fiile in the City of Anahefm Planning Department.
NOW, THEREFORE~ BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant, in part, subject Petition for Variance, upon the following
-2~ PC80-227
condittons which are hereby found to be a necessary prerequistte to the proposed use
~f the subject property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1. That this Variance ts gra~ted subject to the completion of
Reclassification No, 80-81-17, now pending.
2. That subject property shall be developed substantially in accordance
with plans and specifications on ffle with the City of Anaheim marked Revision No. 1
of Exhibit Nos. 1, 2, and 3, and Exhibit No. 4,
BE IT FUR7HER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Reso)ution is expressly predicated upon
aPPllcant's compliance with each and all of the condittons hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
bY the final judgment of any court of competent jurtsdictlon, then this Resolution~
and any approva7s herein contained, shail be deemed null and void.
THE FQREGOING RESOLUTION is signed and approved by me this 15th day of
December, 1980.
A'REST :
---_~4~~.-P~~ ~~~
CHAIRMAN, ANAHEIM CITY PLAPJNIPIG COMMISSION
SECRETARY~~NA~M ~~Ty PLANNIN-G
COMMISSIOP!
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CtT7 OF RNAHEfH j
I~ Edith L. Harris, Secretary of the Anaheim City P)anning Commission, do
hereby certify that the fo~egotng resolution was passed and adopted at a meeting of
tfie Anahelm City P)annFng Commtssion held on December 15, 1980, by the following vote
of the members thereof:
AYES; COMMISSIONERS: BARNES, BOUAS~ BUSHORE, FRY, KINf,, TOLfiR
NOES; COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: 1'~:RBST
IP! WITNESS WHEREOF, I have hereu~to set my hand this 15th day of December~
1980.
SECRETARY~ ANAHEIM CITY P ANNINr, COMMISSION
-3- PC80-227