PC 81-151RFSOLIITIOPI PlO. PCSI-151
RFSOLUTI011 OF TIIF AIIAI~EI"i CITY PLAN~!IIIG C~~I~tISSIOF!
THAT PFTITIO~! FnR vaRIAtICF ~10. 327.~ f~C .r,n.q~ITF~
WHERF.AS, thc Anaheim City Planning C~nmission ciid receive a verified
petition for Variance from LFSNY DFVEL4PME'JT C~,, P, ~, g~;~ ,52(,~ ,^,~~~ ~.~~~shire
6oulevard, Beverly Hilis, California ~OZ10, oi•mer, and f;EOR,E Fl. L.ASKY, VICE
PRF.SIDE~lT, COA'fS E L/ALLACE DfVELOP~IE~JT Cp,, trir,., 8~171 Slater /lvenue, Suite 2Gf1,
Huntington Beach, California 92(47, agent, of certain rcal pro~erty s`~uated in the
City of Anaheim, County of Oranye, State of Californ~a, descrihed as:
The tJorth 164 feet of the South ;2~; feet of tne Plorthea,t quarter
of the Northeast qu3rter of the Northeast quarter of Sect(on 7..4,
Township 4 South, Range 11 blest, in the Rancho Los Coyotes, i~ the
Clty of Anahetm, County of Orange, State o` Caltfornia, as per map
recorded ;n Bool: 51, Page 11 of ~lisceilaneous Maps in the office
of the County r~ecorder of said County. GXCEPT the llest 132 feet
therFOf,
l~lNEREAS, the City P)anning Commission d~d hol~l a public hearing at the Civic
~°nter in the City of Anahel~;~ on July i3, 1931; at 1;zn p,m.~ ~~tice of said public
hearing havin~ been duly given as required hy ia~:~ and in accordance ~~ith the
provisions of the Anaheim Municioal Code, Chapter i~.~?, tn hear and consider
evidence for and agalnst said proposed variance and to investic~ate and mal:e findinas
and recommendations in connection there~•iith; and ~
WHEREAS, satd Commission, after due inspection, investiqation and study made
bY itself and in fts behalf, and after due consideration of alt evidencP and reports
offered at said hearinn, does find and determine the fnllow(ng facts:
i, Th?' ~`,c ,=etlt+cnrr ~,ro~oses ~;iaivers of the follo~•~fnn r.o construct a
2~-lot, ?~t-unit condominium suhaiviston in the R~1-;~Otl 7.one.:
(a) SECTIO~J 1F,01,13~ - Required lot fr•ontaQe.
a ots required to front on a
oublic street or alley;
private street ronta~e propnsed)
(b) SECTION 18,31,p63.02~f - Mlnimum landscaped setback.
20 eet required adjacent to
single- amtly zone boundarv;
none proposed
2. That the ahove-mentioned a~aivers are herehy nr~nted on the basfs that
t~~P petitioner demonstrated thal a h~ardship e>:IStS ir that although adjacent
propertles tn the north and so~th are zoned for sinnle-family residential
development, the property to the north is developed as an electrical substation and
the property to the south is developed ~•:ith a~rivate sr.hool and deniai rn:~id deprive
~'C°i-i51
subject property of a privifegc heing enjoyed by other properties in the same zone
and vtcinity.
3. That there are exceptional o; extraordinary circumstances or conditfons
applicable to the property involved or to the intended use of the property that do
not apply ge~erally to the property or class of use in the sane vicinity and zone.
4. That the requested variance is necessary for the preser~~ation and
enjoyment of a substantial property right possessed by other property in the same
vicinity and zone, and denied to the property in question.
5. That the requested variance ~~~ill not be rnaterially detr(mental to the
public welfare or injurioils to the pro~erty or im~rovements i~ such vicinity and zone
in which the prope rty is located,
6, That no one indicated their presence at said public hearing in
opoosition; and that no correspondence was recelved in oppos~tion to the subject
petition.
EIJVIRONMEFl7FlL 1~1PACT FIF1DIt;G: That the Anaheim City Planning Commissien has
reviewed t e propcsa to rec assify subject property from thE RS-?: 43,0')0
(RESIDEMTIAL/AGRICULTURAL) ZONE to the P,ht-3000 (RESIDE^!1'IAL, MULTIPLF-FN~11LY) ZOME to
construct a 25-lot, 2~t-unit condominium subdivision ~;~ith waivers of required lot
frontage and minimum landscaped sethack on a rectangulariy-shaped parcel of land
consisting of approximately 1.3 acres, having a frontane of appror,imateiy 1G1i feet on
the west side of Magnolla Avenue, appror,imately 34~ feet south of the center line of
Bail Road; and does hereby approve the PJegative Declaration from the requirement to
prepare an environmental impact report on the basis that th~re a~ould be no
significant individual or cumulative adverse environmental ir~pact due to the approval
of this PJegative Declaration since the Anaheim General Plan designates the subject
property for general commercial and medium density l~nd i.ises commersurate with the
nronosal; thar nci annciti~~,, ~n"Pf,..,,,.,,~~~~ ~~..~~"~ u~~ ~~iVUiveu Ifl ttl0 proposal; that
the Initial Study submitted by the ~etitioner indicates no significant individual or
cumulative adverse envir~nrnental impacts; and that the Negative Declaration
substantiating tlie for~going fi~dings is on file in the City o` Anaheim Plann(ng
~epartment.
NOIJ, THEREFORE, QE IT RESOL'JED that the Anaheim City P)anning Commission
does herehy grant suhject Petition for Variance, upon the foilov~ing conditions which
are hereby found Co be a necessary prerequisite *o the proposed use of the subject
propPrty in order to preserve tlie safety and yeneral o-ielfare of the Citfzens of the
City of Anaheim:
1. That this Varianc~ is granted subject to the completion of
Reclasslfication tJo, 8D-81-!i~, no~.i pending,
2. Tliat subject property s!iall l;e developed suhstantially in dccordance
~Nith plans and specificati~ns on fi~e ~iith the City of Anaheim mar{;ed Exhibit FJos. 1
through 5.
-z- PC81-151
EE IT FURTHER RESOLVED that the Anaheim City Planning C:mmission does hereby
find and determine tliat adoption of this Resolution is expres,ly predicated upon
applicant's compliance with each and all of the conJitions hereinabove set forth.
Shou~d any such condition, or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of com~etent jurisdicti~n, then thls Resolution,
and any approvals herein contained, shall he deemed null and void.
THE FOREGOIPlG RESOLUTIO`I is signed and approved by me this 13th day of July,
1981.
~r~~.a' R ~~~-
CFI IRf1Ar1, A~JAHEIM CITY PLAN~JI~1G COMMISSION
ATTES7:
~~. ,z° ~~,,.~
SECRETARY, ANAHEIM CITY PLAMMING COMMISSIOFI
STATE OF CAL I FORtJ I A j
COUNTY OF ORACJGE ) ss.
CITY OF ANAHE111 )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, ~10
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission helu on July 13, 1Q81, by the follot~iing vote of
the members thereof:
AYES: COf1MiSSiONERS: nARPaES, BOUAS, BUSHOP.E, FRY, HEREiST, IUt!R
NOES: COMMISSIONERS: NOP1E
ABSE~dT: COMMISSIOrJEP.S: TOLAR
~" ~„}T;1CSS :,';~C"~0~, i ~~ava I~~r~uni:u sCL iuy nanu ~iiis iiL'n uay oi" Juiy, ~yci.
~~. ~ ~,~
SECRETAP.Y, AMAHEIPI CITY PLA~JNING COHMISSION
••3- PC81-151