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PC 77-160RCSOLUTIOt~ t10. PC77-160 RE~~.LUTiC~N CF TNE ANANEIM CITY PLANN{tIG COMF115SION TtiAT PET~TION FOk VARIANCE N0. 2~5E f3[ GRANTED 4lHEREAS, the A.nahcim City Planniny Commission did receive a verified Petition for Variance from TEXAC.O-AI~A14[IM HILLS, INC., 3~0 Anahcin Hilis Road, Anaheim, California 92b07, vwner of certain rcal prupcr[y situa,ed in the City of Anaheim, County of Oranqc, Sta[e of California, described as: That portion of the Paula Peralta Ue Dominguez Allotment as per map of Partition of the Rancho Santiayo De Santa Ana enCered in Book B, Paye 410 of Judyments of the 17th Judicial Dis[ric[ Court of Los Anyeles Coun[y, Statc of California, and those portio~s of Sect i ons G and 'J, Tov+nsn i p 1~ South, Range 3 Wes t i n sa i d P.ancho Santia~3o De Santa Ana described as beginnin, at the mos[ Easterly corner of Trar.t I~o. ~~~G3 per map recorded in Bool: 392, Paqes 23 throuyh 31 inclusive of Miscella~eous Maps, re wrds of said Orange County, said corner being on the cen[erline of Canyon Rim Road (78.00 fce[ ~.+iJe) as described in thc e~sement decd to thc City oT Anahein recorded October 22, 1974 in Uook 117.70, Page 173!i of Gfficial Records, records of said County, saio corner 6ein_y aiso on a curve concave t~ortheasterly having a radius of 1~J00.00 feet anr! to which point a radial line of said curve bears South 34° 23' O~S" West; thence leaviny said centerline t7orth 31~ 27~ 27" East, 102.17 feet; thence 17orth 53~ 33' 37" East, 108.90 feet to a non- tanyent curve concave I~ortlieasterly tiavin~ a radius of GO.OC fee[ and to which poin[ a radial line of said curve bears South G3° 58' 04" West; thence Southeasterly along said curve through a certrai anyle of ;y° 27' j4" an arc distance of 79.D3 feet.; thence tangent I~orth 78° 30' 10" East, 5~.92 fcet; chence North ~7° 33' 37" East, 160.00 feet; thence North 40° 52' 00" Eas[, 33a,70 feet; thence East 192.80 fee[; thence Soutti 30° ~i9' 00" East, 275.~j feet; thence Soutti 45° 45' 00" WesC, 9~•5~ feet; thence South 2G° 15' 00" West, 115.00 feet; then~e Ilorth 76~ 50' 00" Eas[, 13J.00 fee[; thence South 5~° 06' OG" East, iGO.OQ fcet to the Northwesterly corner of tliat certain Parcel 1 of a map filed in Book FiJ, Pages 34 and 35 of Parcel Maps, records of said county; thence along the Westerly line of lasC said Parccl 1, South, 11~.35 feet [o the tlort'rierly line of Canyon Rim Road casement; thence alony said t~ortlierly 1 ine Ilorth E3° 59' S5" Nest, 12.41 feet; thence Sou[h 6° 00' 05" 4Jest, 39.00 fec[ to said cen[erline of Canyon Rim Road; thence along said centcrlirte tJorth E3° 59' 15" ~Jest, 570.01+ feet to Llie beyinniny of said 100~.0~ feet raJius curve; thence IJorthwesterly along said curve througli a central an91e of 2t3° 28' 03" a~ arc dis[ance of 4hG.35 feet to the Point of Ueginning. Containing 7.G~~2 acres; and WiIEREAS, thc City Planning Comnission Jid hsld a public heariny aC the City Hall in Che Ci[y of Anaheim on July 16, 197J, a[ 1:30 P.m•, notice of said public hearing haviny been duly given as required by law and in accordance with the provisions of ti~e Anaheim Hunicipal Code, Chapter lii.03, to hear and consider evidence for anJ agains[ said proposeJ variance and to investigate and make findin95 and recommend~tions in connecCion therevrith; and PC77-160 W1IEREAS, said Corunission, after due inspection, investi,ation and study made by itself and in its behalf, and after due consideration of all evidence and repor[s o~fered at said lieariny, does find and dctermine [he follaiing facts: 1. That the petitioner proposes a waiver of the follaNing to es[ablish a 24-unit, 2~-loi, RM-4000(SC) condom~nium subdivision: SECTIOlJ 18.31.Ou3.020 - Minimum buildin seiback. 5 and 7 feet rcquired; 0 and ~ feet prooosed) 2, That the above-mentioned waivcr is hereby granted on the basls that the petitio~~:r aemonstrated chat a hardship exists since subject property I7as an unusua) sfiape and s i ze i n that narc than one-lia 1 f of tfie en t i re s i tc cons i sts of s 1 ope areas which are unbuildable; [hat a setback reduction from 7[0 5 feet is minimal; tha[ the zero setbacks are for d~•~elling walls haviny no windohs; and that adequate usable open space is available elsewhere on [ne subject proper[y. 3, Tl~a[ there are exceptional or extraordinary circumstances or conditions applicable to thc property involved or [o the in[cnded use of [hc property [hat do not apply yenerally to the property or class of use in tfie same vicinity and zone. 4. Thai tlie requested varianc~ is necussary for the preservation and enjoyment of a substantial property riyh[ possessed by other property in the samcc vicinity and zone, anJ denied to [he property in yuestion. j, Tha[ the requcsted variance will not be ma[erially detrimental to the public welfare or injurious to [hc property or improvements in such viclnlty and zone in which Chc prc,pcrty is locaicd. ~. Ttiat cwo people indicated their presence at said public hearing in opposition; and tliat no correspon~ence was received in opposition to the subject petition. EI~VIROt71dEtITAL 111PACT FIIIDING: That tlie Anaheim City Planning Commission has reviewed the subjec[ project cnnsisting of a 2-~-uniC, 2;-lot, RM-~~000(SC) condominium subdivision with waiver of minimum buildiny setback on approximately 7.G acres having a frontage of approximately 307o feet west of the cen[erline of Serra~o Avenue, and does fiereby gra~t a I~egative Declara[ion from the requirement to prepare an environmental impact report for chc subject property on [he basis that there would be no significant individual or cumulative adverse e~vironmental impact due to the approval of ttiis Negative Ueclaration since [fie Anafieim General Plan designates the subject property for low-density residential land uses commensura[e ~aith the proposal; tha[ no sensitive environmental elcmenCS are involved in the proposal, and the Inftial Study submitted by the applicant indicates no significant individual or cumulative adverse znvironmental impacts; and that the t~egative Declaration substantiating [he foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, E3E IT RESOLuED [hat the Anaheim City Planning Commission dpes hereby gran[ subject Petition for Variance, upvn the followiny condition which is hereby found to be a necessary prereyuisite to the proposeJ use of the subject property i~ or~er [o preserue the safety and general welfare of thc Citizens of the City of Anahcim: l, That subject property sf~all be developed substantially in accordance with plans and specifications on file with the Lity of Anaheim mar4;ed Exhibit No. 1. _Z_ PC77-160 TflE FOREGOII:G RESOLUTI0IJ is signed and approved by me this 12th day of July, ~977 ,~ CH IRF1~1N, ANAHE~CITY PLAIiNIl~f COMMISSION ATT[ST: r~ ~ ~ %~-+~'~*-a. SEGRETARY, ANAHEIM CITY PLAI~I~ilIG COtiP115510t7 STATE OF CALIFORPIIA ) COUNTY OF ORAtlGE ) ss. CITY OF A!~AfiEl~1 ) 1, Editl~ L. fiarris, Secretary of thc Anaheim City Pianning Commission, do hereby certify that thc foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on July 18, 1977, at 1:30 p.m., by the following vote of thc merrt~ers thereof: AYES: COHMISSIOt1EF5: BARt~ES, DAVID, KING, LltlN, TOLAR NOES: CONIiI551UNERS: NERBST, JOfiWSO!~ ADSENT: COM11155101lERS: NONE i;~ WITN[55 WHERE-OF, I havc fiereunto s~t rny hand this ldth day of July, 1977. SECRETARY,~HEIt1 CITY~IG COMHISSION -3- Pc77-t6o