PC 77-138RESOLUTIQN N0. PL77-1?d
A RESOLU710t! OF TiIE ANAtiE1M LITY PLANIIIt~G COMHISSIOIJ
TfiAT PET1710t~ fOR Vl1RIANCE ~~0. 2941~ BE GRANiED
uHEREAS, the Anahcim Ci[y Planning Commission did receive a verified
Petition for Variance froro ROE3ERT D. AIJD IiAROIDEIlE V. u1E1~5, 75;6 Vista Del Sol,
Anaheim, Lalifornia 92807, oamers oF ccrtain real property si[uated in [he City of
Anaheim, County of Orange, 5tate of California, described as:
f'ARCCL 1: 7hc North 2J0 feet of the ~ast 222 feet of Lot 14 of
Orangewuod Trae[, as shvwn on a Map recorded in Book J, page •'+2 of
Miscellancous Maps, records of Oran9e Coun[y, California, [he
N4rch line of said Lo[ 14 being the South line of Orangewoo~i
Avenue, as shown on said Hap, 40 feet widc;
Excep[ing therefrom the Easc 3; fcct of the t~orth 200 feet
thereof;
Also exteptiny therefrom t~~at por[ion tfiereof included in Parcel 2
hereiriafter set uut.
PARCEL 2: An undivided O.G/21 intcrest in and to ttie well and
pwrpiny plant anJ to tha[ portion of Lot 14 of Orangcwood Tract,
as shown on a Hap recorded in E3oo~ 7, paqe 42 of Misccllancous
Maps, records uf Oranye Coun[y, Californio, described as be~inning
at a point in said lot; l~i~ fect Wes[crly anJ 237.5 fect Southerly
from [he I~ortheast corner of said lot; thence Soutlierly parallel
to [f~e East linc of said lot, 60 fec[; [lience Westerly parallel to
thc Ilortt~ 1 iii~ of said lot, 2~ fe:e[; ttience I~ortticrly paral lel to
safd East line of said lot, GO fcct; thencc Eastcrly parallel to
thc tlorth linc of said ic~t, 25 `cct to tlic point of beginning; and
WHEREAS, the City P1an~iny Commis~ion did schedule a public hearing a[ ihe
City Hall in thc Ci[y of Anahcim on Junc 6, 1977, at 1:30 p.m., notice of said publie
hearing having been duly given as required by la+•~ ~nd in accordance with the
provisions of the Anaheim 1•funicipal Lode, Chapter 12.03, to hear and consider
evidence for anc,' agalnst said nropused variance and to investiyate and make findings
and recornr,endations in connection therewi[h; said public hear(ng having been
contlnucJ [o the Planniny Commission mce[ing of July G, 1377; and
WNEREAS, said Comrnisseon, after due inspection, investigation and study made
by itsclf and in its betialt', and aftcr due consir!eration ef all evidence and reports
offercd at said hcaring, does find and de[crminc the followiny facts:
1, That thc pctitioncr rcyucsts a waivcr of the following to construe[ a
20-unit apar[ment complex:
SLCTIOH 1II.34.~J62.012 - Maximum buildin~ hei~iit.
one story permitted; two storics proposed)
PC77-138
2, Tfiat tlie above-mentioned waiver is hereby yran[ed on the basis that the
petitioner ~errAnstrated that a hardship exis[s because the proposed two-story
struc[~res are within the 150-foot setback from RS-A-43,000
(,Residential/Agricultural) zo~ed praperty which the Anaheim General ?lan designates
fer low-medium density residential larti use; tha[ [here a~~c similar existing two-
story apartmen[s in r,he area; and that similar waivers have previously been granted
in the area.
3. 'ihat therc ara exceptional or extraorJinary circumstances or conditio~s
applicable to the property involved or to thr_ intended use of [he propcrty tha[ do
noi apply ~enerally to the property or c~ass of use in the same vicinity and zonc.
4. That tlie requestecl variance is necessary for the preservaYion and
enjoyment of a substantial property right possessed by other property in the same
vicinity and zone, anJ denied [o the property in question.
5. Tha; the requcsted v~.ria~ce ~•rill not be materiaily detrimental to the
public welfare ur injurious to Cfie property or improvemer.ts in such vicinity and zone
in which the propr.rty is located.
6. Thai no one ineJicated ttieir prese~ce at said public hearing in
opposition; an~f that no correspondence was received in opposition to the subject
petiCiun.
ENVIP,ONIIEP~TAI IHPACT FINDING: That thc Anaheim City Planniny Conu~ission has
reviewed t!~e su ~ec[ proposa to reciassify [he zoning fron RS-A-43,000
(ResiJential/Agricultural) to RM-1200 (Residential, Hultiple-Family) to construct a
20-unit apartmen[ corn~le:c on approximately Q.? acre, located approximately 250 feet
west of the centerline of Spinnaker Strcet, with waiver of maximum building height,
and does recommend [o the City Council o` the Ci[y of Anaheim that a Negative
Declaration from [he requirement to prepare an environmental impac[ ~epor[ be
appr~ved on ihe basis thai Cl~ere viould be no significant ind(vi::ual or cumulative
ad~ierse environmental inpac[ due to che approval nf chis Negative Declaration since
the Ao~ahei+r. Gerie~al Plan designates the subject property for low-medium denstty
resic!:~r~~isl land use cornmensurate with the proposal; tnat similar apartments have
been ,i;:•,•:'oped on the north side of Grange~n~od Avanue; that no sensitive
e~ivironm~ntal elements arc involved in the proposal; that tne Initial Study submitted
by :he petitioner indicates no signi~icant individual or cumulative adve:se
environme~tal impact; an~ that the Negativc Oeclaration ::ubstantiating the foregoin~
findings i5 on file in the City of Anaheim Planning Departr:enc.
NOW, TNEREFORE, tiE IT RESOLVED that the Analiein City Planning Comnission
does he~eby grant subject Petition for Variance, upon the following con~itions which
are hereby found to be a necessary prerequisite ~o the proposed use of the subject
property in order to preserve the safe[y and ger;eral welfare af the Citizens of 2he.
C i ty of i~naheim:
1. Th~t tliis Variance is gra~ted subject to the completion of
Reclassification fdo. 76-77-59, now pending.
2. That subject property shall be developed subst~ntially in accordance
vr6th plans and saecifica[ions on Tile with Che City of Anaheim marked Exhibit Nos. 1,
2 and 3.
-2- PC77-13~
TtiE FOREGOIPlG P.ESOLUTIOF7 is signed and approved by me this 6ih day of ~uly,
1977•
TEMPORARY Ct1A AN
ANNIEIM CITY LANt~ING LOMMISSION
ATTEST:
la ~ ~ 1~Y(X.tn.~~
SECRETARY, ANAHEIM CITY PLAt~NING CQM111S510!J
STATE OF CALIFORNIA )
COUNTY OF ORANGF ) ss.
CITY OF Al7AHEIM )
~, Edith L. tiarris, Secretary of the Anaheim City Planning Commission, do
hereby certify tfiat che foreyoing resolution was passed and'adoptad it ~ mm~tib9 the
Y
the Anaheim City Planning Commission held on July 6, 977, t P• ~
following vote of Lhe me~nbe~s the:reof:
AYES: C011111SS1017ER5: DAVID, I:ItlG, JO!INSOtI
NOES: COMt115510NER5: BARt~ES, LINN
ABSEI~T: COH~tI5SI0t~ER5: ViERD57, TOLAR
IN WITFIE55 WNEREOF, I have hereun*_o se[ my hand this 6th day of July, 1977.
~ ~~ ~ r~ilA.~.~ ~~
SECRETARY, At1AHEiM CITY PLANNItIG COHNISSION
-3- PC77-138