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PC 75-10' RF~.UTION N0. PC75~~~ ~ P. F.ESGLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE N0. 2658 BE GRANTED WHEREAS, the City Planning Commission of the City of Aneheim did receive a verit:ed Petition for Verience from MAURER DEVELOPMENT COMPANY, 1451 Quail Street, Newport Beach, Galifornia 92660 and R, ~, MOORE, 1~+20 C•ast Edinger Avenue, Suite 125, Santa Ana, California 92705 (Owners) ~f certain real property situated in the City of Anaheim, County of Orange, State of Catiforni as described in Exhibit "A" attached hereto an~+ referred to herein es though set for:h in fuli ; and 14HEREAS, the City Plenning Commission did hold a public hearing et the CIty Hell in the City of Anaheim on January 6, 19~5, at 2:00 o'clock Y.M., notice o! ~9id public hearing heving been duly given as required by law ena in ecrnrdence with the provisions oE the Meheim Municipai Code, Chepter 18.Uj, to heor end conslder evi- dence for and ageinsl seid proposed vnrience end to investigate end make findings end rernmmendetions !n connecdon therewith; and WHEREAS, seid Commission, efter due Inspection, investigetion, end study made by itself and in its behelf, end after due considewfion of all evIdence and reports offered et seid hearing, does find end detecmine the follo wing facts: 1. Thatthepetitionerrequests the following variance from the Anaheim Municipal Code, Co c~nstruct a 21-lot, 98-unit multiple-family subdivision inthe RM Zone: SECTION 18.34.066.052 - Requtrement that vehicular access to aaraae5 be from the allev only. (7 driveways to public street proposed) 2. That the above-mention_d waiver is hereby granted since said waiver does not seem unreasonable for the proposal. 3, That the petitioner stipulated to complying with the City requirements for sound attenuation to achieve 65 dbA outside the dwelling units adjacent to the railroad and 45 dbA inslde those units, with the doors and windows closed. 4. Thet thece ere exceptionel or extraordInery circumstences or conditions eppliceble to the property irvolved or to the intr.nded use o( ffie propecty thet do not epply generully to the property or cless oE use in the eome vicin!ty end zone. 5. Thet the requested varIance is necessery tor the prescrvation and enjoyment of e substontial property right poasesaed by other property in the seme vlr.inity and zcae, and denied to the property in question. fi, Thet the requested vnriance will not be matedelly detrimentel to the public welfere or injurious tu the prop. erty or improvements in such vicinity end mne in which the property is located. 7. That no one indicated their presence at said public hearing in nppesition, and no correspondence was received in opposition to subJect petition, ENVIRONMENTAL IMPACT REPORT FINDING: • That the Planning Cflmmission recommends to the City Council that the subJect proJect be exempt from the requirement to prepare an Environmental Impact Report pursuant to the 1~1 G isions of the Caltfornia Environmental Quality Act, . i ~ DEV-68 RESOLUTION N0. PC75-10 .~ Form No. 7056-0 All Policy Foimi ox=11.5529i. ~ ~~~~~~ g c~s>> SCHEDULE C The land referred to in this policy is situated in the Sta*e of ~~~~ of pm~0~ Citp Of A31ahOim~ and is described as follows: , County Parcel 1: . , .-, Thnt ~portioa oY the 18.17 acrea oP First Clnsa Laac~ e]J.otted to J, FT, de Sharb ~ i:a the Final Decr~ oP Partttion of tho Rancbfl Canon dn Santa Ana, a cert4Yied ~ copy oY vhich xas reaorded itebruary 8~ 1871t in 8oo;c 28~ pga 158 oY Deeds, recordn of Los Angalaa Couaty, CaliSornia, as doaeribed in s deed recorded Octobor 27, 1965 in Book `f717~ I~ 733 oP OYtici~ itecords, described s~ YoZlaxs: . Zmat cextai.n parce~ ot laad st~wn as "iaa Maussneet 7•938 Ae.'' oa a N'•sp Y33~ed in Book 7, gage 72 of Record oP Surveys in the olYico oi t2x Cauaty RecoaRier or eaid Count,~~ together vith tLat portian oP tho South halt of Orchard Drive as shcr~ru on eaid raep lying ErAte+r3y oP the Hortherly prolongation o2 the Wee~ter]a- linn of eaid '7.988 AC" pareel o~ lrsnrl end ]ying Weaterly of the 2~orthcrl,y prolongation o~ t2ze Eeater],y lino oY asid "7•93g AC: pareal aP laad. . ERGEI'PII9G ~'8C@4 tDst portion tharea~Y ]ying Amrtherly of the 8ou.ther]y 12ne and the We~terlq mrolcsngntian of said Southorly line o= Traat No. 7103r pa shwa on u mnp recorded in Book:.?96, ]~ges 22 and 23 oY Miscel2aaeona A'~pa~ recoY3s o~ Orsngo Cottnt;r, CaliYa~nit-. . ' AISO SaCC8P1'~tG Tfi~FF~Wt that pa~rtion of snid land deseribed in ti,a deed to thD ' eounty ot ~ransn, recoraea ae.ember 7, 1967 in Book 8427r ~agv 78k -~r orrsEsal~ Lx9~. ND.. , . ALSO IICGEI'rIl'~ alZ oil, gaa9 mineraley sad other hy:3rocarboa aubatancas lyfng belou a depth of 500 Peet Yiro~ the aurPace o~ said ]s.ad, but ulthout thee righ~ of entry upon ez~p porhion~of tha surfaco abava e dngti; of 500 faet~ to taka~ aarlmt, taiao~ explore or drill Por aeme~ ae reserved ia deed ~~am Gsorgo A1Dert~ Collman, a unrried men~ cts hia sepemte proparty- recorded 31ine 28~ I97~+ in Soo1t 11182, P~3s ~97 at Official Eeco~a. ~'srcel 2: ' . ' . , That certaia parcel oP ].atu] abavn ns "h'a~s Bayhs Morloek 8.336 Ae", in tho City oP Annheim, Countq ot Oraage~ ~tate of CaliYorain, ss per map recozded itt Eoox 7~ pa8o~12r i3ec~oa~ci of Survcya, in the oitice oY tha Cowrty Reccrder of eairi County. . . L7Cf~Pr that portion ~ti.azeof lying Northerlq ot tbe South liao or Tract No. 71A3, us ~xr msp recosdai ia Booic 2g5, pagea 22 and 23 of Mieeellanevus 1~Sags, in the oPfice oY tha Couatq Ree:order ot said Caant~. A7,S0 IICCLPT that portiam thereof described in deed to the Crnu-ty of O~e~ re- ~ torded Jaminry 2~ 1970 in Ba~ok 9]$1, Fuige 1~i6~ 0!i'icial Records. _ M1' ~.•~",1,, AISO ~s 8L1~. JD~flflt'C1S~ Ba-'fs O~s P~'t2'OIBilID~ IISpthn ~ O~hOr t]ydYOCa1~0A `~ • ~ :i~C 1974 :cr •! _ . ~ ,:;~, ' . . 5 ; ;.1. a~.S~ ',. ;P.!"'. '•:~ -• ... ~;~,.,y. •------- , . ; ...__ _,, _ • .` ..,~ . . .. . ,_ ._ _.__. r _..._. , ...__.. __.._._..._.. _. _. ~...,..... .. . ._~_.._,_,-- NOW, THEREFORE, ~ RESOLVED that the Anaheim Cit~• Ple~g Commission does hereby grant subject petition for Varience, upon the ollowing conditions which are here~y foun o be e nECessery pcerequisite to the pro- posed use o( !he subject property in order to preserve the safety enu oenerel welface ofthe Citizens ofthe City oE Anaheim: . 1, That !~ubject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 10; provided, however, that ste~s shall be ta{:en to reduce the noise level generated by railroad traffic to 65 dlfl in the rear yards of the lots adjacent to said railroad and to 45 d~A lnside the units (with windows and doors closed) on these iots; and the plans for the sound-attenuation devices shall be certified by a recognized acousLical expert stipulating thet the proposed sound-attenuation measures will achieve the levels stated above. THE FOREGOING RESOLUTION~ia si~ed and epproved by me thia 6th day of January, 1975. i ~ CH IRMAN ANA I CITY PLANNING COMMISSION ATTEST: .(-1e~%~~.a~.~ ~2~~~/ SECRETARY ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. • C1TY OF ANAHEIM ) I,Patrieia B,Seanlan, Secretery of the City Plnnning Commission oE the City of Aneheim, do hereby certiEy thot the foregoing resolutlon was passed end edopted et a meeting of the City Plartaing Commission ofthe City of Annheim, hEld on January 6, 1975, at 2:00 o'clock P.M., by the Eo1lowSng vote oE the members thereo(: AYES: COMMISSIONERS: FARANO, GAUER, JflHN50N, KING, MORLEY, TOLAR, HERBST NOES: COMMISSIONERS: NONE ~ ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of January, 1975. ljLt4•tiF.liLG.DV~ ~__~~E'u~~.~._ SE~RETARY ANAHEIM CITY PLANN[NG COMMISSION V2-G "Z' RESOLUTION N0. PC75-10