Resolution-PC 97-118~ ~
RESOLUTION NO. PC97-118
A RESOLUTION OF TFiE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FGR VARIANCE NO. 4314 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition
for Variance for certain real property situated in the Ciry of Anaheim, County of Orange, State
of Califomia described as:
PARCEL 1: THAT PORTION OF THE LAND ALLOT7ED TO PAULA
PERALTA DE DOMINGUEZ, AS DESCRIBED IN THE FINAL DECREE OF
PARTITION OF THE RANCHO SAMTIAGO DE SANTA ANA, WHICH WAS
ENTERED SEPTEMBER 12, 1868, IN BOOK "B" PAGE 410 OF
JUDGEMENTS OF THE DISTRICT COURT OF THE 17TH ,lUDICIAL
DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA,
DESCRIBED IN PARCELS AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN
PARCEL OF LAND AS SAID PARCEL IS DESCRIBED IN PARCEL 3,
DE~REE OF >DISTR{BUTlON, SUPERIOR COURT #A-14102,
RECORDED DECEMBER 20,1946 IN SOOK 1431 PAGE 404, OFFICIAL
FtECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY; RUNNING FROM SAID POINT OF BEGINNING
NORTH 89 DEGREES 57' 40" WEST 314.65 FEET ALONG THE SOUTH
LINE OF SAI~ PARCEL TO THE SOUTHEAST CORNER OF THAT
CERTAIN PARCEL OF LAND CONVEYED TO EDWIN EMILY KETTLER
AND WIFE BY DEED RECORDED NOVEMBEFZ 8, 1947 IN BOOK 1591
PAGE 142 OF SAID OFFICIAL RECORDS, THENCE ALONG THE
EASTERLY LINE OF SAID DEED 1"HE FOLLOWING COURSES AND
DIS7ANCES; NORTH 5 DEGR~ES 33' 00" WEST 262.90 FEET; THENCE
NORTH 33 DEGREES 20' 40 WEST 194.77 FEET; THEtvCE NORTH 25
DEGREES 58' 30" EAST 112 91 FEET; THEP~CE NORTH 47 DEGREE~
57' 20" WES7 466.80 FEET; THENCE NORTH 5 DEGREES 37' S5" EAST
196.60 FEET; THENCE LEAVING SAID EASTERLY LINE N(~RTH 71
DE~REES 00' 10" EAST 209.65 FEET TO A 1" IRON PIPE; THENCE
CONTINUING NORTH 71 DEGREES 00' 10" EAST 178.98 FEET;
THENCE SOUTH 50 DEGREES 21' 10" EAST 162,63 FEET; THENCE
SOUTH 30 DEGREES 18' 40" EAST 461.16 FEET 70 A POINT IN THE
EAST LINE OF SECTION 1, IN TOWNSHIP 4 SOUTH, RANGE 9 WEST,
IN SAID ORANGE COUNTY; THENCE SOU7H 0 DEGREES 02' WEST
658.98 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY
OF THE NORTHEASTERLY LINE OF PARCEL 3 AS DESCRIBED IN THE
JUDGEMEtJT OF FINAL ORD~R OF CONDEMNATION NO. 24-61-61,
RECORDED JANUARY 17, 1979 IN BOOK 13004 PAGE 623 OF
OFFICIAL RECORDS.
CR3024MS.WP "~ " ~7-~ t8
... '~'
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 18, 1997, 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 Anahe~::n
Municipal Code, Chapter 18.03, to hear and consider evidence for and against said pruposed
variance and to investigate an~ make fndings and recommendations in connection therewith;
and ,
WHEREAS, said Commission, after due inspection, investigation and study rnad~e -
by itself and in its behalf, and after due consideration af all evidence and reports offered at said ~
hearing, does find and determine the following facts:
1. That the petitioner proposes waiver of the following to establish an 11-lot RS-HS- '
,~
22,000 (SC) singie family subdivision with 3 open space lots and 1 lot for a p~vate street: - ,-
Section 18.23.061.010 - Minimum lot area
(22.000 s4. ft. required in the RS-HS-2,000(SC) Zone;
16 230 to 20.335 sq. ft. proposed)
2. That the above-mentioned waiver is hereby granted on basis ihat there are special
circumstances applicable to the property consisting of its narrow shape, iRegular size and steep
topography which do not apply to other identically zoned property in the same viciniry; and that
strict application of thP Zoning Code deprives the property of privileges enjoyed by other
propertiss in the identical zone and classification in the vicinity;
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 otner property in the same vicinity and zone, and
denied to the: property in question;
5. That the requested variance will not Ce materially detrime~~tal to the public welfare
or injurious to the property or improvements in such vicinity and zone in which the property is
located, because the average lot size and the minimum lot frontages comply with each
requirements;
6. That one person spoke in favor of the proposed project at said public hearing; and
that no correspondence was received in opposition to subject petition.
-2- PC97-118
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CALIFORNIA EMIIRONMENTAL QUAUTY ACT FI'VDING: That the Anaheim ~ity
Planning Commission ha~ r~viewed the proposal to establish an 11-lot singla fami!y detached
subdivision with 3 open :~pace lots and 1 lot for a private street with waiver of minimum lot area
on a iRegularly-shaped, 7-acre property, having a frontage of 980 feet on the west side of
~airmont Boulevard, h%~ving maximum depth of 380 feet, and being located 300 feet north of the
centerlir~9 of Canyon ;-lills Road {325 South Fairmont Boulevard); and does hereby approve the
Nega.ti~. Declarat~on upon finding that the declardtion reflects the independent judgemant of the
ie~ :% agency and that it has considered the Negative Declaration together with any ccmments
~?cp-ved durin~ the public review process and further finding on the basis of the initial study and
eny ~;c~mmer,ts received that there is no substantial evidence that the project Ni!I have a
signif;~,ar~t'effec4 on the environment.
~' NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
r` Cor~m~~sion does hereby grant subject Petition for Variar.ce, upon the following conditions which
are hereoy 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 prior to installation, any tract sign(s) shall be submitted to tha Planning Department for
; , review and approval.
2. That landsca~e and irrigation plans shall be submitted to the Zoning Division showing type,
size and lacation of the praposed landscaping and irrigation in compiiance with the approved
exhibits. Once approved, the Idndscaping shall be installed and maintained in accordance
with the plan.
3. That the s~bject oroperty shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plan~ are on file
with the Planning Department mariced Exhibit Nos. 1, 2, 3 and 4.
4. That prior to the issuance of a building permit or within a period of one (1) year from the
date of this resulution, K~hichever occurs first, Condition No. 2, above-mentioned, shall be
complied with. Extensions for furthe~ time to complete said conditions may be granted in
accordance with Section 1a.03.090 of the Anaheim Municipal Code.
5. That prior to final zoning and building inspections, Condition No. 3, above-mentioned, shall
be complied with.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
s; !~ereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set fo!th. Should any
such condition, or any part thereo'f, 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.
-3- PC97-118
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~ TH~ F~REGOING RESOLUTION was adopted at the Planning Commission
in~Giirig of A~g~st 1£3. 1997. ~ ~
`/~ /.wt~~~~~ -~.~ui
CHAI RSON, ANAHEIM CITY PLANNING COMMISSION
,4T~':Si:
_~~ ~ ~ ~~~
SECRETA.AY, A HEIM CITY PLANNING COMMISSIOIV
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim Ciry Plannii:g Gommission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Ciry Planning Gommission held on August 18, 1997, by thR following vote of the members
thereof:
AYES: COMMISSIONERS: BOS"WICK, BOYDSTUN, BRISTOL, HENNINGER, MAYEft,
NAPALES,PERAZA
NOES: COMMiSSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
~ IN WlTNESS WHEREOF, I have hereunto set my hand this ~ 4"' day of
J , 19y7.
/
SECRETARY, A HEIM CITY PLANNING COMMlSSION
.~_ PC97-118