PC 75-129,. ~
XESOLUTION N0. PC75-129
A RESOLUTION OF THE CITY PLANNING COrQiISSION OF Tl{~ CITY OF ANAHEIM
THAT PETiTION FOR VARIANCE N0. 2706 BE G:tANTED, IN PART.
W1i~R~AS, the City Planning Commission of the City of Anaheim did receive a
verified Petition for Variance from JnSEPH D. HUARTE, 1464 ~. La Palma Avenue,
Anaheim, Ca. 92805 (Owner); JOHN G. HUART~, 1464 E. La Palma Avenue, Anaheim,
Ca. 92805 (Agent) of certain reai property situated in the City of Anaheim,
County of Orange, State of California; described as:
PARCEL 1: That portiou of the Northeast quarter and the 1Jorthwest quarter of
Section 7, To•,mship 4 South, Range 9 West, in the Rancho San Juan Cajon de Santa Ana
in the City of Anaheim, as per map recorded in booY. 51, page 10 idiscellaneous
Pfaps, in the office of the county recorder of said cuunty, described as follnws:
Beginning at the Southwest corner of that certain property described in
Certificate of Title No. 4937. recorded in.book 20, page 174, P.egister of Titles
of Orange County, California, said Southwest corner being the Northwest corner of
that certain 10 foot strip of land described as excepted ::om the above-mentioned
property, and running thence South along the West line of Section 7, Township 4
South, Range 9 West, San Bernardino Base and Pferidian, 10.0~ feet to a line parallel
to and 9°0.00 £eet North of the East and West center line of said Section 7; thence
Easterly along said parallel line, 3502.62 feet, more or less, to an intersection
~aith the Southwesterly line of the Golden State Tract; thence Northwesterly, along
said Southwesterly line, to a point which is distant Southeasterly, measured along
said Sou~h~aesterly line 558.40 feet from the Westerly corner of Lot 4, said Golden
State T_ract, said point being Che Easterly corner of that certain triangular shaped
parcel ~f land descri.bed as excepted from Certificate of Title No. 4936; thence,
West along the Southline of said T.riangular parcel and the Westerly prolongation of
said llne 267.25 feet, more arless, to an inrersection with a line parallel with and
distant 1331.32 feet East of the West lin~ of said Section 7; thence Southerly alon~
said parallel line, 1034.50 feet, more or '_ess, to Y.he Southeast corner of property
described in Certificate of Title No. 4937, said Southeast corner being Northeast
corner of the 10 foot strip excepted from said property; thence West along the South
line of said property 1331.32 feet to the point of beginning.
EXCEPT aIl that ceztain land described as follows:
Beginning at the Sautheast corner of that certain.property described in Certificate
of Title No. 4937, recorded in book 20, page 174, Register of Titles of Oranp,e
County, California, said Southeast corner being the Northeast~corner of that certain
10.00 feet strip of land described as excepted from the above menCioned property;
thence South 0° 09~ 20"'West, 10.00 feet to a point in a line parallel to and
990.00 feet North of the East and West r_enterline of Section 7, T.ownship 4 South,
Range 9 West; thence North 89° 51' 10" East, along said par.allel line, 2171.29
feet, more oz less, to an intersection with the Southwesterly line of the Golden
Stste Tract; thence North 61° 17~ 25" West along said Southroesterly line,
1555.91 feet, more or less, to a point in the Southerly linc~ of future Jackson Street,
said point lie~ in a curve concave Northeasterly. having a radius of 632.00 feet; a
radial line to said point bears South 19° 36'36'~ West; thence Northwesterly along
said curve, through a central angl.e of Q° 30~ 25`~, an arc lengL•h of 5.59 feet, to
a point in a reverse curve concave Southerly, having a radius of 568.00 feet; thence
Westerly along said curve, through a central angle of 20° 15' S1" an arc length of
200~88 feet; th~nce continuing along said South line and the 4Testerly prolongation
thereof, South 89° 51' 10" West, 612.97 feet, to a~oire in a line parallel with and
distant 1331.32 feet East of the West line of said Section 7; thence South 0° 09~ 20"
West, along said parallel line 774.17 feet to the point of beg•lnning.
YARCEL 2: That certain parcel of land located in the County of Orange, State of
California, shown as Parcel 1 in Parcel Map filed in book 11, page 16, in the office
of the county zecorder nf esi~ county; and
RESOLUTION N0. PC75-129
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WHEREAS, the City Planning Commission did sche3ule a public hearing at the
City Hall in the City of Anaheim on June 9, 1975, at 1:30 p.m., notice of said
public hearing haeing been duly given as required by law and in accordance with
thP provisions of the Anaheim Municipal Code, Chapter 1A.03, to hear and consider
evidence for and against said proposed variance and to investigate and make
findings and recommendations in connection therewith; said public hearing havin~
been continued to the Planning Commission meeting of June 23, 1975; and
WHEREAS, said Co~ission, after due inspection, investigation and sCUdy 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:
L. That the petitioner requests the following waivers from the Anaheim Municipal
Code, to construct a 54-unit apartment complex:
a. SECTION 18.34.062.012 - Maximum building height within 150 feet of an
agricultural zone. (One-story permitted; two
stories proposed).
b. SECTION 18.34.065.011 - Minimum distance between buildings.
c. SECTION 18.34.065.02Q - Minimum pedestrian accessway width.
d. SECTION 18.34.066.012 - Minimum number of enclosed parking spaces.
(S4 enclosed spaces required; 54 partially
enclosed spaces proposed)
e. SB~TION 18.83.0~0.046 - Piinimum distance between oil drill site and
dwellings_.
2. That Waiver 1-a, above-mentioned, is hereby granted on the basis that although the
ad3acent property to the east is ~urrently zoned residential-agricultural, it is designated
by the Anaheim General Plan for medium and low-density residential uses.
3. That Waivers 1-b, 1-c and 1-e, above-mentioned, are eliminated ry the resubmittal of
plans and, therefore, withdrawn by the petitioner.
4. That Waiver 1-d, above-mentioned, is hereby granted on the basis that the proposed
partially enclosed caxports are open only above a height of 5 feet.
5. That the Planning Commission does hereby determine that steps sha~l be taken by the
developer to 3nsure that the noise level generated by the adjacent freeway traffic shall not
exceed 65 dbA in the private recreation-leisure area oi the units ad~acent to the freeway and
45 dbA inside the uniCS with the windows and doors closed, said staps to be indicated on plans
submitted for building peraits. ~ •
6. That there are exoeptional or extraordinary ciroumstancos or cenditions applicable
to the property involvad or ~o the intended use, as grented, of th3 propertg that do not
epplv ganerally to the p'roperty or class of use in the seme viainity and zone.
7. That the requested varienos, as gren~ed9 is neoesssry for the preservation and
~ enjoyment of e substantiel property right possessed by other property in the same v~oinity
and zone, and denied to the property in question.
8. Thet the requested varianoe, es granted, will not be saterially detrimental to the
public welfare or injurlous to •the property or improvements in such vioinity ard 2one in
whioh the property is looated. •
9. That no one indicated their presence at said public hearing in opposition, and no
correspondence was received in opposition to sub~ect petition.
..Z_ RESOLUTION N0. PC'75-129
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I E~'VIRON*SENTAL L~iPACT REPORT FI;IDING:
That the Planning Commission recommends to the City Cos!Ymi1 that the sv?~~ect pro~ect
be exempt from the requirement to prepare an Enviranmzntal T:~p~~t Beport, 2ursuant to the
provisions of the California Environmental Qual3,ty Act.
NOW~ T_H~REFORE, BE I~' RLSOT.VED that the Anaheim Ci.ty Planning Commi.~^ion does '~e%'eby
grant, in part, sub~ecC Petition for parian~es uPOn th? following conditions w.':;<:en are
hereby founc~ ta bN a necessary pi_r~at~isf_te to the propased 11949'Uf the ssb~ect propert~~
in order ,r,o ,~rcPaer.ue the safe~y~ ar~ ,y.~neial wclfarP of the C9t~..~^:a•z n~ 'the City of AiE:a:,eim:
{i;! ~i~aG th3r ~TxtYian'r.t. !.5 1izf~C:~.3 G^;a~~c=t to the cox'~+'.~tir,~: ,.: neclsssificatian
:~~a. 7fs.~y°.=36.
(2) That steps Ehall be Csken by th.e ~evcX~~ef ~:~~ ~nsure ~`:~2t tue ~.`'-i~ ~ev~l
generated by Che adjacent free~ay sraific bha~l ns? ~::a,T~:e~? 65 ~i:`"~~ :j~ x?~+' ?~'..";~=' recreatic?•°
leisure areas of: the 'urn9.~~ a3;jaa~8t :~ ~Iie ~ree~:ay ~nd ;•": .'.• ~. "ic*.ide the :xnic;; <'•-: t~ thr~
windows and dvors elPSed, said steps to be ind3cated on pi:`r.:~~ suU•mit4e~ ~";~~ hu<:`~j'S:,^t~ ry::!+t~ts.
(3) That subject property sl~all be developed substar~tial':y in acc.r.a~.:;,'.c..~: with ~"~.cns
and specifications on file with the City of Anaheim marked Exh.L'ait Nos. i through 4.
THE FOREGOING RESOLUTION is signed and approved m tliis 23 day of June. 1975.
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CHAIRMAN PRO TEMPORE
ANAFiEIPi CITY PLA~~TNING COPL~IISSION
ATTEST:
~~~.~.~,~ ~~ ,l~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF A.YAHEIM )
I, Patricia B. Scanlan~ Secretary of the City Planning Commission of tha City of
Anaheim, do hereby certify Y.hat the foregoing resolution was passed and adopted at a
meeting of the City Planning Commission of the City of. Anaheim held on 7u:~e 23, 1975,
at 1:30 p.m., by the following vote of the menberc thereof:
AYES: COI~fISSIQNERS: GAU~R, JOHNSON, KING, MORLEY, TOLAR, FARANO
NOES: COMMISSIONERS: itONE
ABSEIdT: C0.4fISSIONERS: RERBST
IN WITNESS WHEREOP, I have hereunto set my hand this 23rd day of June, 1975.
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SECRETARY, ANAH~IM CITY PLANNITdG COi~CtISSION
-3- RESOLUTION N0. PC75-129