PC 76-14.
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RESOL~TI0~1 N0. PC76-14
A RESULUTIO(~ OF 7HE CITY PLAFJPII~~G COMt1ISSI0N OF THE CITY OF A(~ANEI'1
TI~AT PCTITION FOR VARIAFICE f~0. 2771 BE GRAt~TED.
IJIfEREAS, the City Planning Commission of the City uf Anaheim did receive a
verified Petition for Variance frem 14ARY, D. LEfF, flor'East Plaza, Ltd., 120 E1
Canino, Suite 110, [3everly liills, California 90212 (Qt•iner); IJARMINGTOtI COt4PA(IY, 17IIt3Q
Sky Prk Circle, Suite 203, ~r'ev~port Qeach, California 92660 (Agent) of certain real
property situated in the City of Anaheim, County of Orange, State of C~lifornia
described as:
THAT PORTION OF TRACT N0, 613~ IN THE CITY OF ANAHEIM~ COUNTY OF
QRANGFp STATE OF CALIFORNIA' AS SHOWN ON A MAP THEREOF RECORDED
IN BOOk 29~ PAGE 19a MISCELLANEOUS h1APSD RECORDS OF SAID ORANGE
COUNTYf WHICH LIES ~AST AND SOUTH OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 1N TtiE NORTH LINE OF SAID TRACT N0, 613' CSAID
NORTH LINE BEING THE CENTERLiNE OF PLACENTIA-YORDA BOULEVARD AS SHOWN
ON SAID MAP) DISTANT THEREON NORTH 87° 19~ WEST 685.30 FEET FROM TNE
NORTHEAST CORNER OF SAID TRACT N0, 613~ AND RUNNING THENCE SOUTH 7°
15° EAST PARALLEL WITH THE EASTERLY LINE OF SAID TRACT N0. 613, 278034
FEET; THENCE SOUTH 75° 20' WEST TO A POINT IN THE WESTERLY LINE OF SA1D
TRACT NOo 613 WHICH IS DISTANT 570,00 FEET SOUTH 18° 11' WEST FROP1 THE
MOST NORTHWEST CORNER OF SAID TRHCT NO> 6~;io
EXCEPTING TtiAT PORTION WHICH LIES WEST Or" A LINE WHICH COMMENCES AT A
PUINT IN THE SOUTH LINE OF SAIO TRAC'f NOo 613~ DISTANT THEREON 827.04
FEET NORTH 73° 12' EAST FRdM Tii~ SOUTtiWEST CORNER OF SAID TRACT NU.
613~ AND f.UNS THENCE NORTH 7° 15~ WEST 1208,11 FEET TO THE LINE FIRST
ABOVE DESCRIBED,
ALSO EXCEPTING THE SOUTHERLY 20 FEET AS CONVEYED TO THE COUNTY OF ORANGE
FOR ROAD PURPOSES BY DEED RECORDED FEBRUARY 24~ 1926 IN BOOK 626 PAGE
387~ DEEDSo
WHEREAS, the City Planning Commission did hold a public hearing at the City
tiall in the City of Anaheim on January 19, 197a, 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 ;tunicipal Cod'e, Ch3nter 13.03, to hear and consider
evidence for and against said proposed ~~ariance and to investigate and make findinqs
and recommendatinns in connection there~aith; and •
lIIfEREAS, said Commission, after due insoection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reoorts
offered at said hearinq, does find and determine the follo~aing facts:
1. 'ihat the petitioner requests the following waiver from the Anaheim
'1ur.icipal Code, to establish a 117-1ot, RS-5000 subdivision:
SF.CTIOIJ 1i3.27.Of5.Q1Q - Re uirement that sinnle~familv structures
rear-on arteria gh~~~ays. one ot
to side-on Orangethorne Avenue
2. Tf~at the above-mentioned waiver is hereby granted o~ the ~as~~s that a
hardship would be created if said waiver were not granted, due to rhe s4,~o~ 04 the
land.
3. That the P1ar~ning Comrt;lstson does hereby recommend to the Ci~.y Eounc;~i
that City Council Policy t~o. 53C requirinq a 40-foot minimum setb~~ck adj~cemt ~~,~
arterial highways be waived to permit a setback of 2fi feet on the one lot abuttinq
Orangethorpe Avenue, on the basis that ~revious similar requests havP been arante~i
and, furthermore, a berm and wall are pronosed to be constructed ala~,d,~ the ~rnpert}~
line of said lot adjacent to Orangethorpe Avenue.
4. That the petitioner stipulated to include a structural wall, a`s viPf~nsd
in the Uniform Duilding Code, on ton of the nror~sed berm along the nronet'ty jine
adjacent to the railroad tracks~ as a sound-attenuation device.
RESOLUTION N0. PC76-14
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5. That the oetitioner stipulated to being aware of the sound-attenuation
requirements for properties located adiacent to railroad tracks, arterial hiohways,
etc., and that said re4uirements must be comolied v~ith, as prescribed in Council
Policy (!o. 5n2.
6. That there are exceptional or extraordinar.v circumstances or conditions
not~apply generallvrtoethe nroperty or classeofnusedin the samehvicinitYrand zone. d~
7, That the requested variaiice is necessary for the oreservation and
enjoyment of a substantial nro~ert; right p~ssessed by other nrooerty in the sane
vicinity and zone, and denied to the property in questian.
t~. That the requested varianc.a ~aiil not be materially detrimental to the
public welfare or injurious to the nronerty or impr~veMents in such vicinity and zone
in wliich the property is located.
9. That no onr_ indicated their presence at said oublic hearinn in
opposition; and no corresnondence v+as received in epposition to subiect netition.
The Environmental Impact Renort I~o. 163, having been considered this date by
the Anaheim City Planning Cormission and evidence, both written and oral, havinq been
presented t~ supplement.said dr•aft EIR tJo. iG3, the Planning Comnission believes that
said draft EIItIIo. 163 does con`orm to the City and Scate Guidelines and the State of
California Environnental Quality Act and, based uoon such infr~rmatinn, does herebY
recommend to the Ci~oy Council tliat they certify said EIF No. 163 is in comnliance
with said Environmental Quality Act.
iJOt~l, THEREFORE, BE IT R[SOLVED that the Maheim City Planninq Commission
does hereby grant subject Petition for Variance, upnn the fo1l~~ving conditions which
are hereby found to be a necessary prerequisite to the propased use of the subject
property in order to preserve the safety and general welfare or' the Citizens of the
City of Maheim:
1. That this Variance is granted sub~ect to tre completi~n of
Reclassification Plo. 75-76-1fi, now pending.
2. Tnat subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marke~i Exhibit tJo. 1;
provided, ho~+ever, that Lot No. 39, as sho~•m on Exhibit IJo. 1, shall have a minimum
building setback of forty (40) feet adiacent to Orangethorpe Avenue, per Cit.v Council
Policy ~~o. 538, unless the City Council grants relief from said policy and oermits a
2G-foot setback for said lot; and that a structural vra11, as defined in the Uniforn
Duilding Code, sha11 be constructed on top of the pronosed berm alnng the northerly
nroperty ~ine adjacent to Crowther Avenu~ and the railroad tracks. as a sound-
ettenuation measure complying with Council Policy tJo. 547., as stipulated to by the
~,atitioner.
TI1~ FOREGOIt~G RESOLUTIO(I is signed and aaproved b,y me this 19th day of
January, 1976.
f
i1 / !~ ~ PJP IJu ~ ~.i4
ENUIROf711ENTAL IPiPACT REPORT FIIIDI~JG:
aTr~sr:
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SECI2E , il IIEI~1 (.IT f~'L N~11IIG COtF1ISS PI
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RE50LUTION tJO. PC76-14
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STATE OF CALIFORPIIA
COUNTY OF ORA(JGE )ss.
CITY OF AI~AIIEIt1 )
I, Patricia B. Scanlan, 5:.,:retary of the City Planning Commission of the
City of Anaheim, do hereby certify that the forenoing resolution was oassed and
adonted at a meetin9 of the CitY Planning Commission of the City of Anaheim, lield on
January 19, 1976, at 1:30 p.m., by t~ie follo~ving vote of the members thereof:
AYES: C019t1ISSI0I~ERS: OARNES, HERDST, JOHNSON, KING, MORLEY, TOLAR, FARANO
i~0E5: COtYtISSIOH[RS: IJONE
ADSEi~T: COM'1ISSIOP~ERS: NOt~E
IN WITNESS IJIlEREOF, I have fiereunto set mY hand this 19th day of ~anuary,
197G.
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i e ,,~ ~ ~iri ~~ 53T~ri
_3- RESOLUTI01~ W0. PC76-14