PC 82-79RESOLUTION N0. PC82-79
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0. 3269 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from RICHARD A. HEITSHUSFN AND LOTTIf HEITSHUSEN, 3529
Savanna Street, Anaheim, CA 92804, owner, and WARREN DEVELOPMENT, 444 "B"
North Newport Boulevard, Newport Beach, CA 92663, agent, of certain real
property situated in the City of Anaheim, County of Orange, State of California
described as:
PARCEL 1: LOT 14 OF TRACT N0. 743, ~N THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORPIIA AS SHOWN ON A MAP THEREOF RECORDED
IN BOOK 22, PAGE 10, MiSCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL 2. THAT PORTION OF THE EAST ONE-HALF OF THE NORTHEAST QUARTER
OF THE SOIiTHEAST QUARTER OF SECTION 15 !N TOWNSHI? 4 SOUTH, RANGE il
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:
BEGINNONG AT A POINT IN THE NORTHERLY LINE OF TRACT N0. 743, IN THE
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MA° THEREOF
RECORDED IN BOOK 22, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID
ORANGE COUNTY, DISTANT SOUTH 8g DEGREES 39 WEST 314 FEET FROM THE
EAST LINE OF SAID SECTION 15; RUNNING THENCE NORTH, PARALI_EL WITH
THE EAST LINE OF SAID SECTION 15,155 FEET: THENCE SOUTHWESTERLY TO
A POINT IN THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 15, DISTANT
THEREON 35 FEET NORTH OF THE NORTH LINE OF LOT 15 OF SAfD TRACT
N0. 743: THENCE SOUTH ALONG SAID WEST LINE, 35 FEET TO THE NOP,TH
LiWE OF SAtD LOT ~5; THENCE NORTH 89 IIEGREES 39 MiNUTES EAST ALONG
THE NORTH LINE OF SAID TRACT N0. 743, 350.61 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION GRANTED TO JACK BURROUGHS, A
MARRIED MAN, BY DEED RECORDED DECEMBER 10, 1953. IN BOOK 2631,
PAGE 384 OFFICIAL RECORDS, AS INSTRUMENT N0. 84900.
ALSD EXCEPT TNEREFROM THAT PORTION OF SAID LAND 1NCLUDED IN THE
DEED TO ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED FEBRUARY 15.
196o IN BOOK 5097 PAGE 306, OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at Che Civic
Center in the City of Anaheim on May 3, 1982, at 1:30 p.m., notice of said public
hearing having been duty given as required by law and in accordance with the
provisions of the Anaheim Municipat Code, Chapter 18.03, to hear and consider
evidence for and against said proposed variance and to investiage and make
findings and recommendations in connection therewith; and
PC82-79
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 construct
a 15-unit condominium complex:
(a) SECTIC;J 18.01.130 - Requir•ed lot frontage.
(Al1 lots required to abut public
street or alley;
15 lots have no frontage)
(b) SECTION 18.31.062.012- Maximum structural hei ht.
One-stor ermitted within 150 feet of
RS-A- 3,000 zoning;
two stories proposed at 8 feet)
(c) SECTION 18.31.063.024- Minimum landsca ed setback.
20 feet required adjacent to Rs-A-43,000 zoning;
t$ 0 12 feet proposed)
2. That the above-mentioned waivers are hereby granted on the basis that
the petitioner demonstrated that a hardship exists due ta the unusual shape of the
property; that denial would deprive subject property of priviteges enjoyed by other
properties in the same zane and vicinity; and that the nearby RS-A-43,000 property
is designated for medium-density residential land uses on the Anaheim General Plan
and when the land use of said property changes, subject waivers (b) and (c) will
no longer be necessary.
3• That the.re are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property that
do not appty generaliy 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 substantiai property right possessed by other property in •the
same vicinity and zone, and denied to the property in question.
5. That the requested variance wiil not be materially detrimental to
the public welfare or injurious to the property ar improvements in such vicinity
and zone in which the propert~/ is located.
6. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commiss9on has
reviewed che proposal to reclassify subject property from the RS-A-43,000 (Residential,
Agricultural) Zone to the RM-3000(Residentiai, Multiple-family) Zone and to permit
waiver of requirad lot frontage, maximum structural height and minimum landscaped
setback to construct a 15-unit residentia] condominium complex on an irregularly-
shaFed parcel of land consisting of approximately 1.2 acres, tiaving a frontage
oF approximately 120 feet on the north side of Savanna Street and being located
approximately 425 feet west of the centerline of Knott Street (3529 West Savanna
Street); and does hereby approve the Negative Declaration from the requirement
to prepare an environmental impact report on the basis that there would be no
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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 and low-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 or Anaheim:
l. That this Variance is granted subject to the completion of Reclassification
No. 81-82-19, now pending.
2. That subject property shall be developed substan~ially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit
Nos . 1 througli 5 •
BE IT FURTHER RESOLVED that the Anaheim City Planning Comnission 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 tnis 3rd day of
May, 1982.
~.~,,~,~.~. GZ .~ ,.~-a--~--
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~d~`'~"" ~ ~~~~
SECRETARY, ANAHEIM CITY PLANtvING COMMISSION
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~ ~.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF AIJAHEIM )
l, 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 May 3, 1982, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BARNES
IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of May, Ig82,
(o dl-l.-~ :~ [~j ~ ~ '
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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