PC 76-170. ~ ~ r
RESOLUTION N0. PC76-170
A RESOLUTIO': OF TNE ANANEIM CITY PLANNING COMMISSION
THAT PETITIQN FOR VARIANCE t~0. 2832 BE GRANTED, iN PaRT.
WHEREAS, the Anaheim City Planning Commisslort did receive a verifled
Retltlon for Varlance from DAVID RAY, (Trustee) AND DOLLIE P. RAINS, (Trustor) 1130
E. Cypress, Covina, ~alifornia 91774 and JOHN BOOTY~ 2626 Pullman, 17260. Santa Ana,
California 327~5 (hgent) of certain r~ei property situated In the CTty of Anahetm,
~ounty of Orange, State of California dcscrib~d aa:
A portion o~ the following described land:
Psrcel 1:
Thn Pn~t 165 teet of the Weat 495 feat of the East half of thn Southwest
quarter of the ~outtracst quarter of Section 12, Tow ahip 4 South, Fanee
11 kest, in the Rancho L~c Co;otes, as shovn on a~ap re:orded in Bo~k
51~ page 11 04 Y.iscellaneou¢ itaps, records o~ Orange County. Califoraia,
aaid •Lsst hnlf of tk:e South•.~oat quarter of the SoutY~west quarter o£ said
Section 12 bein~ deecribed as coz:encing at a point ia the South lina of
said Sectiod, !~orth E9' 41' E:at 662.75 feet from the Southvest corner
thcreof; thnnce :Gorth 0° 13' weat 1328.09 feet to a point, thenca i7o=th
89' kl' lU" F.aFt 663.G4 feet to a point; thence South 0' 14` 45" East
1328.05 lect to a point; thence South 84' 41' West 662.75 feat to tha
ylaca of beginaing.
Exenpting ther~from the Souch 40 leat.
Parcol 2:
That pazti~a of tlia Eaat half oi thQ South;~eet quarter of the Southweat
quarter uf Sectl.oa 12, To~~ehiy 4 South, e^,sage 11 !•lest, in the Psueho
Los Coyotes, ae sho~ra ca a ~sp recorded in Eook 51, page 21 of ?Siscell~ineoua
Mape, recorda oF Oruny,e County, C~lifornia~ described na follows:
Segianing at n point on the SoUth line of said Seccion, :vorth a9' 4i'
Eaet 662.75 feec froa the Southweat corncr thereuf; thencs t7orth 0' 13'
Esat 1323.09 f.ect to a poipt; thence l~arth 89° 41' 10" Sast 663.44 feet
to a point; thencn South 0' 14~ 45" Eaet 1328.05 feet to a point; tbence
Soueh 89' 41' Wcat 6G2.75 fnet to thn place of beginning.
Faccept tha Wcat 495.00 feet tAereoi`. ~
Aleo ezcept thn tdorth 726.00 foaic thereof.
k2eo excepting therefrom tha t+orth SO Eeet o! tl~e South 155 feat af tbe
Enst 28 feat.
Alea mccepting therefrom the South 40 PaeC.
Yar.:el 3:
i'he Itorth 726.OG feat of that portion of the Esat lialf o£ che Southveat
quartcr oE tlie So,:ttr:est qu.~rtex of Section 12, Ta:nehip 4 South~ Panga
1] Hcet, in the Pa~ciio Loa CoyoCes, ue a~iavn oa m aap recorded in Book
51. pa~a il of ltiacellxncuua taapa, recorda oP Orange Countp, California,
deacriUad ae corsaencinp, ac e poir~t ln t?~e South line of snid Section.
4lortb 89' 41~ Last 662.15 ~eet fz'om tho Souchveat corner theYeof; thence
rorth 0' 13' z~ce~t 1328.09 fcet to n point; thence ttorth 39` 41' 10" c^ast
G63.44 fect to n point; thence South 0' 14' 45" P.ast 1323.05 feec Lo a
yoint; thance S~~iith E9' 41' Ires~ 662.75 f.eat to tha place of beginning.
Excepting thcreErom tlie 41est 495 £eet.
RE30LUTION N0. PC76-170
Yarcel 4s ~ ~
An undividcd 1/2 ~crcat in the :~orth 50 :cet of c;a South 155 feet of
the Lacti 2d fcet of the Fast half of t~c Sout~~est 4uarter of tha Southr st
quarter o! Sectioa 12, iuwnehip 4 South, P~age 12 k'es:. in the Rancro
Los Coyote~, as ct~o«n oa a~nap recorded in i~oo'6 51. page 11 of t~Sscell~neoua
P;ape, in the office of the County P.ecorder of caid Couaty, tooeti;er vitt
e like intarest tn the Gatcr ~ells. p~ping plnnt snd equipaent situatad
thereon.
Said portion is tne southerly 570 feet of the above-described
land excepting there£rom the r.ortherly 121 feet of the easterly
48 feet thereof and also excepting therefrom khe southerly 195
feet of the northerly 316 feet of tha easterly 30 feet thereof.
WHEREAS, the Clty Planning Commission did echedule a publtc hrearing at the
Clty Hall ln tho City of Anaheim on August 16, 1976, at 1:30 p.m., notice of said
public hearing having besn duly given as required by law and in accordance wtth the
provislons of the Anahelm MuniciPal Code, Chapter 18.03, to hear and consider
evldence for and again~t sald proposed varlance and to i~,ivestigate and make findings
and recammendatlons in connectlon there~aith; sald public hearing having been
contl~nued to the Planning Commission meeting of September 13. 1976; and
1JHEREAS, sald Commission~ after due inspection, investlgatton and study made
by itself and in lts behalf, and after due consideratian of ali evidence and reports
offered at sald hearing, does find and determine the following facts:
i. Thet the petltloner proposes the following watvers from the Anaheim
Munlcipal Code, t~ construct an 86-unit apar;ment complex:
(a) SECTION 18.04.043.050 - Permitted encroachments tnto re uired
Yar_ s.. nc es perm(tte ,
~i feet Froposed
(b) SECTION 18.34.062.012 - Maximum bul,l~din ,~hel hc~t. (i stor
perm tte ; 2 st~orles propose
(~) SECTION 18.34.065.~11 - Minimur, distance between bulldings.
(d) SECTIONS 18.21.061.A20 - Minimum huildln s(te oridth and fr~nta e.
AND 18,01_.13~ _ ~ 1 0 eet requ rc ; no rantage propose
2, 7hat Walver 1-a~ above-mentloned, is hereby granted on the basis that
the Planning Commission has prevlously granted simllar walvers for apartment
developments.
3. That Waiver 1-b~ above-mentioned, is hereby granted, in part, to permit
two-story buildings within the requlred 150-foot buitd(ng satback adJacent tn Lot No.
4 In Tract No. 278~ since a portton of said lot may not be a butldable site; and that
revised plans shatl be submitted to ihe Planning Cormisslon for approval indlcating
that the remalning two-story bulldings cenform to the 150-foot butlding setback
requlrement.
4, That Nalver 1-c, above-menttoned~ has bean deletnd by revised plans
submitted by the petltloner.
5, Thet Nalver 1-d, above-mentloned. is hereby granted on the basls that
Partion B of the subJect property may becane a separate parcel for development
purposes, In whlch event the pe~titloner stipulated to the recordatlon of a 33^foot
wtde access easement over Portlon A of subJect property to Portlon B. unless Portlon
B shall be devetoped as a pari< slte, in whir_h event access shall he required from the
norCh of subJect property and the easement may then be terminated,
6. Tfiat, for reasons o4 sa`ety and generei welfare~ egress traffic from
the subJect property shall be llmited to right turns enly onto Lincoln Avenue.
.2. RESOLU710N N0. PC76-170 I
~
~~;9
7. 7hat thc petltioner stipulated to submltttng revised plans to the
Plenning Commisslon for revdew and approval indicating a mTnimum 33-foot wlde access
over Portlon A to Portion B of the aubl.ct property, said access to have
no unnecccssa:y curvee.
~, Thet thera ere exceptlonel or extraordinary eircurestances ar conditlons
eppllcable to thc property involved or to the lntended use~ as granted, of the
property that do n~~t apply generally to ths property or cless of us~o In the samz
viclnity and zonc.
9, That tha requested variance~ as granted~ ts necessary for the
pres~rvatlon and enJoyment of a substantial pruperiy rtght possessed by other
property tn the same vicinlty and zon~, and denl~~ t~ the property in questlon.
iQ. That the requested varlartce, as yranted~ wtll not be materlally
detrimental to the publle welfare or inJurious t:o the property or improvements In
such vicinlty and zone in which the property is tocated.
11, That two (2) persons appeared, ret~~esentin~ ~Nproximately thirty ~3~)
persons present at sald public hearing in ^_rY~~itlon; and that two (2) petitions,
contalning a t~tal of approximately 219 signaturas of area residents and property
o~mers in opposltlon~ were recelved at the publlc hearing.
ENVIRONMENTAL IMPACT REPORT FINDING: That Environmental Impact Report No.
183 and Addendum thcreto, having been consldered this date by the Anahelm City
Ptanning Commisslor; and evidence, both written and oral, having been presented to
supptement sald draft EIR No. 183. the Planning Commission belteves that said draft
EIR Nc~. 183 does confarm to the City and State Guidelines and the State of Caltfornia
Environmental Qunllty Act and, based upon such informatlon, does hereby recortmend to
the Clty Council of the Clty of Anaheim that they certify sald EIR No. 183 is in
compllence with sald Environmentai Quelity Act.
NQW, THEREFORE~ 8E IT RESOLVED thnt Che Anahelm City Planning Camiisston
does hereby grant, ln part, subJect Petition for Variance, upon the following
conditlons whfch are hereby found to be a necessary prerequlslte to the proposed uae
~f the subJect property In ordcr to preserve the safety and generai welfare af the
Cittzens oP the City of Anaheim:
1, That this Varlance ls granted subJect to the completion of
Reclassfficati~:n No. 76-77-9, now pending.
2, That the approprlate directlonal signing shall be erected on the
subJect property to indicete right turns only onto Lincoln Avenue,
3, That revlsed plana shaal be submitte6 for Planning Commisslon revlew
a~d approvat, sald plans to lndicate a minimum 33-goot wide access aver Portton A of
sui~Ject property to Portlon B, and also to elimtnate 5 se~~nd-story dwclling units
proFnsed wlthin the 150-foot bullding setback AdJacent to single-family residcnti~l
land uses, wlth the exception of said setbaek adJacent to Lot No, 4 in Tract No.
2780, 9s stipulated to by tha petltloner~ and this conditlon shall be complied with
prlor tc~ the issuance of building permits.
4, 7hat Conditien No. 2, above-mentioned, shall be complled with prlor to
final b~ilding and zoning inspectlons.
THE FOREGOING RESOLUTION is signed
September 1976•
ATTEST:
RE ~ N HEIM L NNING QMMISSI~N
-J. RESOLUTION N0. PC76-170
. ~ ~
STATE OF CALIFORNIA )
CQUNTY OF ORANGE )ss.
CITY OF ANAHEIM )
I, Patricia B. Scartlan~ Secretary nf the Anahelm Ctt~ Pianning Commission~
do hercby cartify that the foregoing res~lution was passed and adopted at a meeting
of the Anaheim City Planning Commission, held on September 13. 1976, at to30 p.m., by
tha following vote o~ the members thereof:
AYES: COMM15519NER5: BARNES, HERBST, KING, MORLEY~ TOLAR, JOHNSON
NOES: COHMiSS10NERS: NONE
ABSENT: COMMISSIONERS: FARANO
IN WITNE5S WHEREOF, 1 hnve hereunto set my hand this 13th day ot September
1976.
CR~AY~ AN iM 1~'~ ~LANPi1NG COMMIS
j _4- RESOLUTION N0. PC76-170