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PC 76-88~ ~ RESOLUTIOt: N0. PC76-$8 A RESOLUTIO~ OF THE ANAHEIM CITY ?LANNINf, C~MMISSION THAT PETITIOtJ FOR VARIA4CE N0. 28~R BE GRAIJTED. bINEREAS, the Anaheim City Planning Commission did receive a verifie~i Petition for Variance from MINDIIE D. DIERBERfEP,, 1439 IJ. Damnn Avenue, Anaheim, California 92802 (Owner) of certain real property situ:~ted in the City of Anaheim, County of Orange, State of California descrihed as: That portion of the West half of the Northwest quarter of t'~e Northeas[ qu~rtPr of Section 21, Township ~j South, Range 1~ West, S. C. B. E M., descrihed as follows: Be$inning at a point in the North line of said West half distant there~n North 89 33' 28" Easi 344.nh feet from the NorLhwest corner thereof, and runninq thence South 0° 10' S9" East, 195 feet; thence South A?° 33' 23'~ West ~.57 feet; thence South 0~ 10' S9" East 55 feet; thence South 8?° 33' 28" West 125.5° feet; thence North 0° 09' 3~~'~ West F?.85 feet to the beginning af a tanae~t uirve concave Easterly and having a radius of 50 feet; thence Northerly ainng sai~1 curve, through a central angie ~f 36° 52~ 12" a distance of 32.1£i feet to a reverse curve concave Westerly and having a radius of 50 feet; thence Northerly, along said curve through a central angle of 12b° 52' 12" a distance of 11~,7n feet; thence North 9° 09' 3~" West 70 feet to the North line of said West half; thence North £i9° 33' 28" EasY, 16u.Q7 feet; more or less, to the point of heginning. WNEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on May 10, 1976, at 1:3~ p.m., ~otice af said puhlic hearing having been duly 9iven as required by law and in accordance with the provisions of the Anaheim Nunicipal Code, Chapter 18.~3, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in cannection therewith; and WIiF.REAS, said Commission, after due inspection, inves.tigation and study made by itself and in its behalf, and after due consideration of all evidence and rep~rts offered at safd hearing, do~s find and determine the following facts: 1. That the petitioner proposes the following waiver from the Anaheim Municipal Code, to establish a four-lot subdivision: SECTION 1R,27.~65.~10 - Re uirement that all lots re<-r-on arterial hiqhoia s. One side-on lot proposed 2, That the above-mentioned waiver is herehy granted on the basis that there are existing residential lots whtch side-on Ball Road in the immediate area; that similar waivers have been granted previously and, furthermore, that the petitioner stipulated to providing a b-foot hlgh masonry wall adJacent to Bal) Road. 3, That the Planning Commission does hereby recommend to the City Council that City Council Policy No. 538 requiring a 40-foot minimum building setback adjacent to arterial highways be waioc~± to permit the proposed 5-foot setback for one lot adjacent to Ball Road, on the basis ti~at other properties are developed aiith similar setbacks in the irrmediate area. 4. That the Planning Commission does hereby determfne that an earthen berm need not be part of the sound-attenuation measures ad)acent to Ball Road, on the basis that a berm would not be consistent with other adJacent residential development along said arterial; and, fur:hermore, the petitloner stipulated to cnnstructing a E- foot high masonry wall adJacent to said arterial in addition to other sound- attenuatt~n steps whlch may be necessary to reduce the noise level generated hy arterial traffic to 65 dBA in the rear yard of the proposed lot ad.jacent to said arterial and to 45 dBA inside the home, with windows and doors closed, as specified by Council Policy No. 5~i2. 5, ;h~t there are exceptional or extraordi~ary circumstances or conditions appticable to 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 zont. RESOLUTIOM N0. PC76-8H ~ ~ 6. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied t~ the property in quesY+nn. 7, That the requested variance will not be materiatly detrimentaand~zone public welfare or inJurious to the property or inprovements in such vicinity in which the property is located. 8, That two persons appeared, representing three persons present at said public hearing in ooposition; and no correspondence was received in opposition to subject petition. ENV~kONMENTAL IMPACT REPORT FINDING: That the Anaheim City Planning Comrt~isslon does hereby recommend to the City Council that the subject proJect be exempt from the requirement to prepare an environmental impact report, pursuant to the provtsions of the Caiifornia Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant sut.ject Petition for Variance, upon the follov~ing conditions which are hereby found to be a necessary prerequislte to the proposed use of the sub.ject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1, That this variance is granted suhJect to the completian of Reclassification No. 75~7~'33, now pending. 2, That subJect property shall be developed substantially in accordance a~ith plans and specificaEions on file with the City of Anaheim marked Fxhihit No• 1: provided, however~ that in accordance with Counctl Policy ~lo. 542, a 6-foot high masonry wall shall be constructed adjacent to Ball Road in addition to o*_her sound- attenuation steps which may be necessary to reduce the noise level generated by arterial traffic ta 65 dBA i~ the rear yards of Lot Nos. 1-4 and to 45 dBA inside the homes, with windows and doors closed, as stipulated to by the petitioner, however, an earthen berm need not be a part of the proposed sound-attenuation measures; and, futhermore, that the minimum building setback on Lot No. 1 shaCouncil~ fWaives,asaid to eall Road, per City Louncil Po11cy No. 538~ unless the City policy and permits the proposed 5-foot building setback for said lot. THE FOREGOING RESOLUTION is signed and approved by me this lOth day of t1aY. 1976. . ~ ~ ~~ ~ • H RMAN PR HPORE ANAHEIM CITY PLANNING COMMISSION ATTEST: ~~~~ ~~~',~~~,J SECRETARY, At1AHEIM CITY PLAWPlIFIG COMMI~SiON ST~TE OF CALiFORNIA ) COUIJ'tY OF ORANGE )ss. CITY OF ANAHEIM ) I, Patricia B. Scanlan, Secretary of the City Planning Coimnission of the City of Anaheim. do hereby certify that the foregoing reso{ution was passed and adopted at a meettng of the City Pianning Commission of the City of Anaheim, field on May 10, 1976, at 1:3~ P•m., by the following vute of the members thereof: AYES: COMMISSIONERS: BARI~ES, JOHNSON, KING~ MORLEY, TOLAR, HERBST NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONER~: FARANO IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of May, 1°7~~ 1~4i ' ~GL~iL~C~/N SECRETARY, AN HEIM CI7Y PLANNINf, COHHISSION -2- RESOLUTION N0, PC76~88