PC 83-77RESOLUTION NO. PC83-77
RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3325 BE DENIEA
WHEREAS, the Anaheim City Planning Commission did receive a vezified
Petition for Variance from JACK H. & CHARLOTT~ A. DICK, 949 North Citron
Street, Anaheim, California 92805, owner.s, and F. M. RHODES & BRUCE GOLDMAN,
8535 Knott Avenue, Buena Park, California 90620, agent of certain real
property situated in t-he City of Anaheim, County of Crange, State of
California descri6ed as:
THE EAST 225 FEET OF TIiE SOUTHEASTERLY ONE-HALF OF THAT
PORTIOid OF LOT 39 OF "ANAHETM EXTENSION" IN THE CITY OF
ANAHEIM AS SHOWN ON A MAP t9ADE BY WILLIAM HAMEL AND FILBD IN
THE OFFICE OF THE COUNTY RECORDER OF I~OS ANGELES, COUNTiC,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF SAID LOT
39~ SAID POINT BRING L,OCATED 175.70 FEET SOUTHEASTERLY OF THE
NORTHEAST CORNER OF SAID LOT 39; THENCE SOUTH47ESTERLY 591.16
FEET ALONG A LINE PARALLEL WITH TY.E SOUTH LINE OF SAID LOT
39; THENCE SUUTHEASTERLY 367.80 FEET TO A POINT LOCATED
592.32 FEET SOUTHWESTERLY ALONG LINE PARALLEL WITH SAID
SOUTHEASTERLY LIN~ OF LOT 39; THENCE NORTHEASTERLY 592.32
FEET ALONG SAID LINE PARALLEL 4JITH THE SOUTH LINE OF LOT 39
TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 39; THENCE
NORTHWESTERLY 367.80 FEET ALONG SAID NORTHEASTERLY LINE TO
THE POINT OF BEGINNING, THE SAID NORTHEASTCRLY LINE OF LOT 39
BEING CONSIDERED AT THE MONUMENTED CENTER LINE OF CITRON
STREET.
EXCEPTING FRON, SAID SOUTHEASTERLY ONE-HALF THE FOLLOWIN6:
BEGTNNING AT A POINT IN THE NORTHEAST~RLY LIN~ OF SAZD LGT
39, SAID POINT BE:NG LOCATED 359.60 FEET SOUTHEASTERLY OF THE
NORTHEAST CORNER OF SAID LOT 39; THENCE SOUTHWESTERLY 145
FEET ALONG THE NORTHERLY LINE OF THE PROPERTY CONVEYED TO
FRANK J. DARAHAY AND WIFE~ BY DEED DATED SEPTEMBER 15~ 1946
AND RECORDED OCTOBER 11, 1946, IN BOOF. 1432, PAGE 510,
OFFICIAL RECORDS, THENCE SOUTHEASTERLY 50 FEET PARALLEL WITH
THE NORTHEAS'_ERLY LINE OF SAID LOT 39; THENCE NORTHEASTERLY
145 FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID,LOT 39;
THENCE NORTHWESTERLY 50 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 April 18, 1983, at 1:30 p.m.,
notice of said public hear.isig having been duly given as required by law and in
accordance with the provision~ 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; and
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PC83-77
WHEREAS, said Commission, after due inspection, investigation and
study made by itsel[ 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 waivers of the following to
construct a 10-unit condominium complex:
(a) SECTION 18.31.061.012 - Minimum lot area ner dwellin unit
(3000 square feet required; 2981
square feet proposed)
(b) SECTIONS 18.31.062.012 - Maximum structurai hei ht
AND 18.31.062.013 (1-story permitted within 50 feet of
one-famil~ residential zoning;
2-stories proposed)
(c) SECTION 18.31.063.024 - Minimum landscaped setback
(20 feet required adjacent to one-family
residential zoning; 9 to 20 feet
proposed)
z. That the above-mentioned waivers are hereby denied on the basis
that the petitioner did not demonstrate that a hardship exists due to the
size, shape, topography, location, or surroundings of subject property; that
General Plan Amendment 169 redesignated this property from low-density to
low-medium density residential land uses with the recommendation that subject
property and other parcels on the west side of Citron Street should be
developed with single-story scructures with enclosed garages and with a
20-foot wide landscaped buffer adjacent to the existing single-family
residences, but the proposal does not comply with said recommendation, and
that Reclassification ho. 82-83-29 filed in conjunction with this Variance,
was denied thereby disapproving RM-3000 zoning.
3. That there are no 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 not necessary for the preservation
and enjoyment of a substantial property right possessed by other property in
the same vicinity an~' zone, and denied to the property in question.
5. That the requested variance will 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 13 persons indicated their presence at said public hearing
in opposition; and that no correspondence was received in opposition to
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-10,000 (Residential, Single--Family) Zone to the RM-3000 (Residential,
Multiple-Family) Zone to construct a 10-unit condominium complex with waivers
of minimum lot area per dwelling unit, maximum structural hei9ht and minimum
landscaped setback on an irregular'~y-shaped parcel of land consisting of
approximately 0.68 acre, having a frontage of approximately 134 feet on the
west side of Citron Street, and further described a,s 949 North Citron 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
significant individuai or cumulative adverse environmental impact due to the
approval of this Negative Declaration since the Anaheim General Plan
designates the subject property for low-medium density residential land uses
commensurates 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, THERcFORE, BE IT RESOLVED that the Anaheim City Planning
Commission doe~ hereby deny subject Petition for Variance on the basis of the
aforementioned findings.
THE FOREGOING RESOLUTION is signed and approved by me this 18th day
of April, 1983.
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C AIRMAN~ ANAHEIM CITY P NING COMMISSION
ATTEST:
• ~6~~'~ ~ ~
SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
STAT~ OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CZTY 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 April I8,
1983, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY~ HERBST, KING, LA CLAIi:E,
MC BURNEY
NOES: COMMISSIONERS: NONE
F.BSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of
April, 1983.
~.~. ~.~...~~,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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