PC 82-184,-.
RESOLUTION NO• PC82-18A
RESOLUTION OF THE ANAFIEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3294 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from CLYDE B. AND JOAN M. SCHLZJND, 616 Peralta Hills
Drive, Anaheim, California 92807, owners, of certain real property situated in
the C~ty of Anaheim, County oP Orange, State of California described as:
BEGINNZNG AT THE SOUTHEAST CORNER OF LOT 28 OF 1'RACT
NO. 59, PERALTA HILLS TRACT NO. 2~ AS SHOWN ON A MAP
RECORDED IN BOOK 10, PAGE 18 OF MISCELLANEOUS MAPS,
RECORDS OF SAIP ORANGE COUNTY; TEIENCE NORTii 30° 42'
WEST 489.50 FEET; THENCE SOUTH 75° 48' F1EST 113 FEET;
THENCE NORTH 55° 41' WEST 613.80 FEET; THENCE NORTH 82°
40' WEST 50 FEET; TFiENCE SOUTH 29° 03' EAST 525.15
FEET; THENCE SOUTH 75° 48' WEST 120 FEET; THEtdCE SOUTH
14° 12' EAST 439.45 FEET; THENCE NORTH 75° 43' EAST
691.00 FEET TO THE POINT OF BEGINNING, CONTAINING 8.57
ACRES, MOR~ OR LESS.
EXCEPTING THEREFROM THE POLLOWING: BEGINNING AT THE
SOUTHEAST CORNER OF SAID LOT 23; TAENCE NOR1H 30° 42'
WEST 489.50 FEET; THENCE SOUTH 75° 48' 113 FEET; THENCE
NORTH 55° 41' WEST 161.487 FEET; THENCE SOUTH 14° 12'
EAST 590.23 FEET; THENCE NORTEi 75° 48' EAST 359.00 FEET
TO THE POINT OF BEGINNING CONTAINING 3.344 ACRES, MORE
OR LESS.
WHEREAS, the City Planning Commission .iid hold a public hearing at
the City Hall in the City of Anaheim on September 20, 1982, at 1:30 p.m.,
notice of said gublic hearing having been duly given as required by law and in
accordance with the provisions of the Anahei.m Municigal 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; 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 5-lot, RS-HS-43,000 (SC) Single-Family Zone subdivision:
SECTION 18.22.061.020
- Minimum lot width
1140-fc~ot average and 125-foot minimum
lot widths required; 90-foot average,
40 and 60 foot minimum lot width proposed)
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PC82-184
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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 and hilly terrain of subject property.
3. That there are exceptional or extraordinary circumstances ar
conditions applicable to the property involved or to the intended use of the
property that do not apply generally to the property or class o£ use in the
same vicinity and zone.
4. That the requested variance is necessary for the preservation
and er.joyment of a substantial property right possessed by other property in
the sam< vicinity and zone, and deniPd to the pr~perty in q~estion.
5. That the requested variance will not be materially detrimental
to the public welfare or injurious to the property or improvement3 in such
vicinity and zone in which the property is located.
6. That no one indicated their presence at said public 1=aring in
opposition; and that no correspondence was received in opposition to subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to establish a 5-lot, RS-iiS-43,000 (SC)
Single-Family Zone subdivision with waiver of ~inimum lot width on an
irregularly-shaped parcel of land consisiting of approximately 5.3 acres,
having approximate frontages of 332 feet on the north side of Peralta Hills
Drive, and further described as 616 Peralta Hills Drive; and does hereby
approve the Negative Declaration from the require~ent 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 Araheim General Plan des`_qnatPS the
subject property for hillside-Icw density residential Iand uses commer.surate
with the proposal; that that 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 DepartmenL-.
NG47, THEREFORE, BE ST 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 drainage of subject property shall be disposed of in a manner
satisiactory to the City Engineer.
2. That the owner of subject property shall pay to the City of Anaheim
the appropriate park and recreation in-lieu fees as determined to be
appropriate by the City Council, said fees to be paid at the time the
building permit is issue3.
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3. That the owner(s) a£ subject property shall pay appropriate drainage
assessment fees to the City of Anaheim as determined by the City
Engineer prior to issuance of a building permit.
4. That the owner(s) of subject property shall pay the traffic signal
assessmetrt fee (Ordinance No. 3896), in an amount as determined by
the City Council, for each new dwelling unit prior to the issuance of
a building permit.
5. That any specimen tree removal shall be ~ubject to the regulations
pertaining to tree preservation in the Scenic Corridor Overlay Zone.
6. Thut subject property shall be developed suiotantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit No. I.
7• That Condition Nos. 1 and 6, above-mentioned, shall be complied with
prior to final buildinq and zoning inspections.
BE IT FURTHER RESOLVED that the Ana}ieim 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 ap roved by me this 20th day
of September, 1982. /1
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H IR•fAN, ANAHEIM CIiY P ING COMMISSION
ATTEST:
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SECFETARY, pNp,f;EZM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF AI9AHEIM )
I, Edith L. Harris, Secretary oF the Anaheim City Planning
Commission, do hereby certify that ttie foregaing resolution was passed and
adopted at a meeting of the Anaheim Ci•ty Flanning Commi.ssion held on September
20, 1982, by the following vote of the members there of:
AYES: COMMISSIONERS: BOUAS, FRY, HERBST, KING, LA CLAIRE, MC BURNEY
NOES: COMMISSIONERS: NONE
AHS~NT: COMMISSIONERS: BUSHORE
IN WI'iR~ESS WHEREOF, I have hereuntn set my hand this 20th day of
September, 1982. A -
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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