PC 81-223RESOLUTION NO. PC81 -223
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3243 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
petition for Variance from DONALD G. HEYDENDAIIL, ET AL, 205 North Western Avenue,
Anaheim, California 92301, owners, and SUN -CAL INVESTMENTS, ATTENTION: BRUCE ELIEFF,
2006 North Broadway, Suite 102, Santa Ana, California 92706, agent of certain real.
property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 1: THE SOUTH 76.1375 FEET OF THE NORTH 152.2750 FEET OF
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 11, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO
BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN
THE EAST LINE OF SAID SOUTHWEST QUARTER DISTANT THEREON NORTH 0
DEGREES 14 MINUTES 50 SECONDS WEST 360.23 FEET FROM THE SOUTHEAST
CORNER OF SAID SOUTHWEST QUARTER, AND RUNNING THENCE NORTH 0
DEGREES 14 MINUTES 50 SECONDS HEST, ALONG SAID EAST LINE 304.55
FEET TO THE NORTHEAST CORNER OF THE LAND CONVEYED TO DAN J. HEALY
RECORDED MAY 31, 1933, IN BOOK 616, PAGE 312, OFFICIAL RECORDS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE
SOUTH 89 DEGREES 42 MINUTES 09 SECONDS WEST 596.55 FEET TO THE
NORTHWEST CORNER OF SAID LAND CONVEYED TO HEALY; THENCE SOUTH 0
DEGREES 15 MINUTES 50 SECONDS EAST, ALONG THE WEST LINE OF SAID
LAND CONVEYED TO HEALY, 304.59 FEET: THENCE NORTH 89 DEGREES 41
MINUTES 55 SECONDS EAST 596.46 FEET TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM THE WEST 300 FEET THEREOF.
PARCEL 2: THE NORTH 76.1375 FEET OF THAT PORTION OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, IN TOWNSHIP 4
SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED
AS FOLLOWS: BEGINNING AT A POINT 111 THE EAST LINE OF SAID
SOUTHWEST QUARTER DISTANT THEREON NORTH 0 DEGREES, 14 MINUTES, 50
SECONDS WEST 360.28 FEET FROM THE SOUTHEAST CORNER OF SAID
SOUTHWEST QUARTER AND RUNNING THENCE NORTH 0 DEGREES, 14 MINUTES,
50 SECONDS WEST, ALONG SAID EAST LINE, 304.55 FEET TO THE
NORTHEAST CORNER OF THE LAND CONVEYED TO DAN J. HEALY BY DEED
RECORDED MAY 31, 1933, IN BOOK 616, PAGE 312, OFFICIAL RECORDS;
THENCE SOUTH 89 DEGREES, 42 MINUTES, 09 SECONDS WEST, 596.55 FEET
TO THE NORTHWEST CORNER OF SAID LAND CONVEYED TO HEALY; THENCE
SOUTH 0 DEGREES, 15 MINUTES, 50 SECONDS ALONG TIIE WEST LINE OF
SAID LAND CONVEYED TO HEALY, 304.59 FEET; THENCE NORTH 89 DEGREES,
41 MINUTES, 55 SECONDS EAST, 596.46 FEET TO THE POINT OF
BEGINNING. EXCEPTING THEREFROM THE WEST 50 FEET THEREOF.
PARCEL 3: THE WEST 50 FEET OF THE NORTH 76.1375 FEET OF THAT
PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST, S.B.B. &M., DESCRIBED
AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID
SOUTHWEST QUARTER, DISTANT THEREON NORTH 0 DEGREES, 14 MINUTES, 50
PC31 -223
SECONDS WEST, 360.28 FEET FROM THE SOUTHEAST CORNER OF SAID
SOUTHWEST QUARTER; THENCE NORTH 0 DEGREES, 14 MINUTES, 50 SECONDS
WEST ALONG SAID EAST LINE, 304.55 FEET TO THE NORTHEAST CORNER OF
THE LAND CONVEYED TO DAN J. HEALY BY DEED RECORDED MAY 31, 1933 IN
BOOK 616, PAGE 312 OF OFFICIAL RECORDS; THENCE SOUTH 89 DEGREES,
42 MINUTES, 09 SECONDS WEST, 596.55 FEET TO THE NORTHWEST CORNER
OF SAID LAND CONVEYED TO HEALY; THENCE SOUTH 0 DEGREES, 15
MINUTES, 50 SECONDS EAST ALONG THE WEST LINE OF SAID LAND CONVEYED
TO HEALY, 304.59 FEET; THENCE NORTH 89 DEGREES, 41 MINUTES, 55
SECONDS EAST, 596.46 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 10, 1981, at 1:30 p.m., notice of said public
hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 13,03, 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 November 2, 1981; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its 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 a waiver of the following to establish a
one -lot, 17 -unit condominum complex:
SECTION 18.31.063.024 - Minimum landscaped setback.
(20 feet required abutting single - family
residential development;
13 and 0 feet proposed)
2. That the above - mentioned waiver is hereby granted on the basis that the
petitioner demonstrated that a hardship exists due to the unusual shape of subject
property and that a minimum of three (3) feet of landscaping shall be provided
adjacent to the north side of the private driveway, as stipulated to by the
petitioner at the public hearing.
3. That there are exceptional or extraordinay circumstances or conditions
applicable to the property involved or to the intended use of the property that do
not apply generally to the property or calss of use in the same vicinity and zone.
4. That the requested variance is necessary for the preservation 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 will not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone
in which the property is located.
6. That 15 persons indicated their presence at the November 2, 1981,
public hearing in opposition; and 3 persons indicated their presence at the August
10, 1981, public hearing in opposition; and that a petition containing approximately
20 signatures was received in opposition to the subject petition.
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ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to reclassify subject property from the RS -A- 43,000
(RESIDENTIAL, AGRICULTURAL) ZONE to the RM -3000 (RESIDENTIAL, MULTIPLE- FAMILY) ZONE
to establish a one -lot, 17 -unit condominium subdivision with waiver of minimum
landscaped setback on an irregularly- shaped parcel of land consisting of
approximately 1.4 acres, having a frontage of approximately 150 feet on the west side
of Western Avenue (205 North Western Avenue); and does hereby approve the
Negative Declaration from the requirement to prepare an environmental impact report
on the basis that there would be no significant individual or cumulative adverse
environmental impact due to the approval of this Negative Declaration since the
Anaheim General Plan designates the subject property for medium- density residential
land uses commensurate with the proposal; that no sensitive environmental impacts are
involved in the proposal; that the Initial 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 file in the
City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject
property in order to preserve the safety and general welfare of the Citizens of the
City of Anaheim:
1. That this variance is granted subject to the completion of
Reclassification No. 81 -82 -1, now pending.
2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Revision No. 1
of Exhibit Nos. 1 through 5; provided, however, that the trash storage area shown on
the northern boundary line shall be relocated to the south side of the private
driveway away from the single-family residential zoning to the north; that the pool
shall be relocated 20 to 30 feet to the south away from the single - family residential
zoning; and that the westerly 321 feet of the private street shall be reduced to 25
feet wide and a 3 -foot wide landscaped area shall be provided along the north side of
said driveway, said landscaped area to be planted with Italian Cypress trees planted
on 3-foot centers.
3. That appropriate water assessment fees as determined by the Office of
Utilities General Manager shall be paid to the City of Anaheim prior to the issuance
of a building permit.
4. That Condition No. 2, above - mentioned, shall be complied with prior to
final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions 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 jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 2nd day of
November, 1581. � 'j� g
ATTEST: n 5 "°
" ''°'
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
PC81 -223
7
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on November 2, 1931, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
1981.
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of November,
ittrz, ti3t/gA
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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