PC 75-86.'~ " ~ ~ ~
RESOlUTION N0. PC75-86
A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM
THAT PETITION FOR VARII;NCE N0. 2674 BE GRANTED, IN PART.
WHEREAS, the City Planning Commission o` the City of Anaheim did receive a
verified Petition for Variarce from MICHAEL J. CIBELLIS, ET AL, 718 South
Brookhurst Street, Anaheim, California 92804 (Owner); GALFY CONSTRUCTION CORPORA-
TION, ATTENTION: HARRY GATES, P. 0. Box 147, Tustin, California 92680 (A.gent) of
certain real property situated in the City of Anaheim, County of Orange, State of
California described as~:
PARCEL 1: Beginning at a point in the centerline of Santa .ana Canyon Road, 60
feet wide, as described in deed recorded in book 171, page 144 of Official Records,
said point being located 1613.48 feet north 50° 22' S5" East from a bolt marking
the P.I. of a curve, said bolt being approximately 121.00 feeY Easterly along said
highway from the West line of the Juan Yorba Allotment of the Rancho Santiago de
Santa Ana; thence South 29~ 23' S0" East 802.~7 feet to a point in the Westerly
line of that certain 50.00 foot strip of lard, as cor.veyed to the Santa Ana Valley
irrigation Company by deed recorded October 9, 1947 in boolc 1538, Page 487 of
Official Records, said point being in the arc of a curve w~th a radius of 175.00
feet in said Westerly line a distance of 153•83 feet Southerly along said arc of
curve from the Southwest terminus of a course in the West line of said 50.OU foot
strip with a beari'ng of North 46° 38' 25" East and a length of 40.00 feet; thence
alona said Westerly line the following bearings and distances: Northerly along
said arc of curve a distance of 1~3•83 feet through a central angle of 50° 21" 50"
to said terminus; thence North 46 38' 25" East 40.00 feet to the beginning of a
tangent curve concave IJorthwesterly having a radius of 115•00 feet and a central
angte of 50° 30'; thence Northerly along said curve 101.36 feet; thence tangent to
said curve North 3~ 51' 35" West 99.04 feet to an angle point; thence North 33~
19' 25" East 114.05 feet; thence leaving said Westerly line of said 50.00 foot
strip North 11° 44' 03" West 105.45 feet; thence North 4° 27' 20" West 120.00 feet;
thence North 0° 21' S6'~ East 208.75 feet to said centerline of Santa Ana Canyon
Road; thence along said centerline the following bearings and distances: South
81° 03' 15" West 194•53 feet to the beginning of a tangent curve, concave Southerly
having a radius of 600.00 feet; thence Westerly along said curve, through a central
angle of 20° 40' 20", an arc distance of 216.48 feet; thence South 60° 22' S5"
West 166.39 feet to the point of beginning.
PARCEL 2: pn easement for street purposes with the right to dedicate same to
pub'iic use over the following described land:
Beginning at the intersection of the Southerly line of Santa Ana Canyon Road, as
described in a Deed recorded in book 171, page 144 of Official Records, ti~ith that
certain course described in Parcel 1 as having a bearing North 0° 21' S6" East
and a distance of 208.75 feet; thence tJorth 81° 03' 15" East aiong said Southerly
line 72.92 feet to the beginning of a tangent curve concave Northerly having a
radius of 480.00 feet; thence Easterly along said curve, through a central angle
of 0° 54' 23" an arc distance of 7.59 feet to a line parallel with and distant
Southeasterly 50.00 feet, measured at right angles from the Southeasterly line
and its Northeasterly prolongation of the land described in a Deed to the State
of California, recorded June 29, 1948 in book 1661, page 222 of Official Records
and re-recorded July 30, 1948 in book 1678, page 209, of Official Records; thence
South 60° 22' S5" West along said parallel line 91•72 feet to said course in
Parcel 1; thence North 0° 21' S6'~ East along said course 32•75 feet to the point
of beginning; and
WHEREAS, thP City Planning Commission did hold a public hearing at the City
Hall in the City of Anal~eim on April 14, 1975, 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 Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed variance and to investigate and make find-
ings and recommendations in connection therewith; said public hearing having been
continued to the Planning Commission meeting of April 28, 1975; and
RESOLUTION N0. PC75-86
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WHEREAS, said Commission, af[er 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:
l. That the petitioner requests the following waivers from Che Anaheim Municipal
Code, to construct a 21-lot, single-family subdivision:
a. SECTION 18.01.130 - Minimum lot width. (60 feet required; 20 and 57
feet proposed)
b. SECTION 18.26.063.011 - Minimum front setback.
c. SECTION 18.26.063.030 - Minimum rear yard. (25 feet required; 6 feet
proposed)
2. That Waiver 1-a, above-mantioned, is hereby granted on the basis that the
request is•minimal since two of the three affecteu lots are 57 feet wide and one
is 20 feet wide, being a flag lot.
3. That Waiver 1-b, above-me~':tioned, was eliminated by the resubmittal of plans
and is, therefore, withdrawn by the petitioner.
4. That Waiver i-c, above-mentioned, is hereby granted on the basis that said
waiver pertains to only one lot in the proposed subdivision and equal usable open
area is provided elsewhere on the lot.
S. That there are exceptional or extraordinary circumstances or conditions
applicabl~~ Yo 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.
6. That the requested variance 2s granted is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same
vicinity and zone, and denied to the property in question.
7, That the requested variance as granted will not be materially detrimental to
the public welfare or injurious to the property or improvements in such vicinity and
zone in which the property is loca*_ed.
8, That the Planning Commission determined that sound attenuation measures along
Santa Ana Canyon Road shall include a 6-foot high earthen berm topped by a 6-foot
high masonry wall adjacent to said expressway; or an alternative means of sound
attenuation certified by a recognized acoustical expert may be submitted for approval
of the Planning Commission and/or City Council.
9, That the petitioner stipulated to complying with the newly adopted Tree
Preservatio~i Ordinance and any trees removed which are of the varieties specified in
said Tree Preservation Ordinance shall be replaced in a manner satisfactory to the
Development Services Department.
10. That no one indicated their presence at said public hearing in opposition, and
no correspondence was received ir, opposition to subject petition.
ENVIRONMENTAL IMPACT REPORT FINDING:
That Environmental Impact Report No. 149> having been considered this date by the
Anaheim City Planning Commission and evidence, both written and oral, having been
presented to supplement said draft EIR No. 14g, the Planning Lommission believes that
said draft EIR No. 149 does conform to the City and State Guidelines and the State of
California Environmental Quality Act and, based upor such information, does hereby
recommend to the City Cou~cil of the Ciry of Anaheim that they certify said EIR No.
149 is in compliance with said Environmental Quality Act; provided however, that
additional information shall be provided as a supplement to EIR. No, 149 pertaining
to alternative mitigation measures for the sound from Santa Ana Canyon Road, said
supplement to be submitted prior to City Council review of EIR No. 149, Variance No.
2674, and Tentative Map of Tract No. 8873.
-2- RESOLUTION N0. PC75-86
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant, in part, subject Petition for Var+ance, 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 Gitizens
of the City of Anaheim:
(1) That this Variance is granted subject to the completion of Reclassification
No. 72-73-~~ now pending.
(2) That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
(Revision No. 1) and 2 through 13; provided, however, that a 6-foot high earthen
berm topped by a 6-foot high decurative masonry wall with gates for maintenance
access shall be located on each lot adjacent to Santa Ana Canyon Road for the
purpose of sound-attenuation, except that the petitioner may submit alternative
sound-attenuation measures or plans, certified by a recognized acoustical expert,
to the City Courcil for approval.
(3) That the removal of any trees which are of the varieties specified in the
Tree PreservaYion Ordinance shall be in accordance with said Tree Preservation
Ordinance and shall be replaced in a manner satisfactory to th~ Development Services
Department, as stipulated to by the petitioner.
(4) That Condition Nos. 2 and 3, above-mentioned, shall be complied with prior
to final building and zoning inspections.
THE FOREGOING RESOLUTICIN is si9ned and approved by me this 28th day of April, 1975.
CH RMAN, AN M CITY I'LANNING COMMISSION
ATTEST:
K/ ~ 1riVi~(/"/~/~/V
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss.
CITY OF ANAHEIM )
I, Patricia B. Scanlan, Secretary of the City Planning Commission of the City of
Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a
meeting of the City Planning Commission of the City of Anaheim, held on April Z8, 1975,
at 1:30 p.m., by the following vote of the members thereof:
AYES: COMMISSIONERS: GAUER, JOHNSON, KING, MORLEY, TOLAR, HERB57
NOES: COMMISSIONERS: NGNE
ABSENT: COMMISSIONERS: FARA~~O
IN WITNESS WhIEREOF, I have hereunto set my hand this 28th day of April, 1975.
lii.r l`i~~ i~/`~ 1'~ ~~-G"~/
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
_3- RESOLUTION N0, Pc75-86