PC 81-227RESOLUTION NO. PC81 -227
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3238 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from THE FIELDSTONE COMPANY, 17911 Mitchell Avenue, Irvine,
California 92714, owner of certain real property situated in the City of Anaheim,
County of Orange, State of California, described as:
THAT PORTION OF THE SOUTH HALF OF SECTION 5, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 3 AS
SHOWN ON A MAP FILED IN BOOK 150, PAGES 7 TO 11 INCLUSIVE OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on October 19, 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 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 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
two -lot, 105-unit condominium subdivision:
SECTION 18.31.061.012 - Minimum lot area per dwelling unit.
(3000 square feet required;
2937 square feet proposed)
2. That the above-mentioned waiver is hereby granted on the basis that the
petitioner demonstrated that a hardship exists in that the request is minimal
amounting to less than 3% deviance from Code, and on the basis of the irregular shape
of subject property.
3. That there are exceptional or extraordinary 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 class 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.
PC81 -227
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.
G. That 10 persons indicated their presence at the November 2, 1981,
public hearing in opposition; and 30 persons indicated their presence at the October
19, 1931, public hearing; and that no correspondence was received in opposition to
the subject petition.
ENVIRONMENTAL IMPACT FINDING: Environmental Impact Report No. 113 was
previously certified by the City Council on March 16, 1974, in conjunction with the
approval of the Anaheim Shores Planned Community.
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 -3, now pending.
2. That subject property shall he developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
through 7.
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, 1981.
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
-2- PC81 -227
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, BUSIIORE, FRY, IIERBST, ICING, MC BURNEY
NOES: COMMISSIONERS: BOUAS
ABSENT: COMMISSIONERS: NONE
1981.
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of November,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC81 -227