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PC 77-174RESOLU710Pi N0. PC77-17~i A RESOLUTIOl~ OF THE ANAHEIH CITY PLANNII~G COMMISSION TIfAT PETITIOt; FOR VARIANLE I~O. 295o B[ GP,ANTED WIiEREAS, the Anal~eim City Planning Comriission did receive a veriried Petiiton for Variance from TEXACO-ANAfiEiM HILLS, II~C., 3t30 Anahcim flills Road, Anahcin, Callfornia 92307, o+,m cr of certain rcal property situated in the City of Anaheim, Ceunty of Oran~e, State of California, described as: A portion of land allo[ed to Juan Pablo Peralta, Naria Jesus Peralta De Copas, and Maria Peralta De Alvarez in the Decree of Par[i tion of ttie Rancho Santiago De Santa ~,na re~~dcred in Case t~o. llg2 and entcr~d Septembcr 12, 19G8 in Book "4" Pagc ~i10 of Judgments of the 17ih Judicial District Courc of Lalifornia, included wi[hin a parcel of land bounded anci described as beginnin9 at the int~rsection of the Nesterly line of Parcel i of Pareel Map recordeJ in Dook 98 Pages lfi a~id 17 of Parcel Maps in thc office of thr ~,ounty Recordcr of Orangc County with the centerlin~ of tlohl Ranch Road as !~aid cen[erli~e is shown on Rec~rd of Survey recorded in Book 92 Page 33 of Records of Surveys, records of said County; thence generally Southwcstcrly alo~9 the Westerly boundary of said Parccl Map [he following courses: 1. Sou[h 2~ 32' 17" [ast 127,72 feet to the beginniny of a non- tanyen[ curve concave Southerly having a radius of 227.00 feei, a radial line of said curvc bears South 25° 38' ~5" Ncst 2. along said w rve through a cen[ral anglc of 71° 59' OS" an arc distance of 28y.2U fe~t [o thc beginning of a reverse curv,e concave ~~ortherly having a radius of 18.00 feet, a radial linc of saiJ revcrse curve bears North ~~6° 21' 0~" west 3. along said revcrse curve ttirouyh a cen[ral angle of Gy° 41' 0~~" an arc d(stancc of 21.~9 fcet 4. South 23° 20' 04" Nr.s[ if9.3G fe~t 5. South 12° 29' 05" Ea_t 80.1h f'cet ~i. Sou[h 0° 1G' 17" Nest 51,~~ fcet 7. South 10° 42' 13" 13~t.33 fect f3. South 21° 33' 3~" East 73.OQ feet 9. Soutfi 3~° 09' 33" East 37.~5 fect 10. Sou[h 3 31' lh" Nest 110.00 fee[ 11. South 20° 28' S9" East 40G.00 fcet 12. Sou[h 63° 55' 41" uesc 16,.00 feet 13. South 14° 22' S3" Nest ~+O.OQ feet 1~+. I~orth 79° 30' 43" West 15G.0!1 feet to the bec~inning of a non- tangent curve concave Nesterly having a radius of 273.00 feet a radial linc of said curvc bcars Ilorth 79° 30' 48" uest 15, Southerly along said curve tlirough a central angle of ~i° 2~}' 59" an arc dis[ance of 21,44 feet 1G. llorth 7y° 25' 3~' -Jest 126.OG reet 17. South 64° 52' S9" West 11G.00 feet PL77-17~+ iB. South 3° 48' S1" west 2~+0.00 feet; [hence leaviny said Parcel Ma,p Boundary Souih 45~ 95' 00" West 442.50 fee[; tfiencc Sou[h GS° I1' 00" uest 291.00 feet; thence South 7° 50' OQ" west ilO.QQ feet; :hence tJorth ~~Q 33' 00" Wcst 151.00 feet; thence South 57° 34' 3~~" West 221.~0 `eet; thence Nortfi 71° SG' 21" West 174.~0 fcet; thence t~orth 40° 54' S2" Nest 148.00 feet to the beginninc~ of a tang~nt curve concave Southerly havin~ a radius of la.QO fcet, a radial line of said curve bears Snuth 4g° 05' 0~" West; tlience Nesterly along saic! curve througti a central an91e of 90° QO' u~~" an arc distance of 2i;.27 feet; thence South ~?° 05' U3" Nest 13f+.^~ feet; thencc North 4Q° 5~~' S7." Vlest 12~.~+4 feet; [hence South G1° OR' 47" Nest 92G.OQ fee[; thence t~ortfi 3~{° 00' 41" Nest iS1.;7 fect to the Southerly prolongation of the uesterly line of said Record oF Survey; thence North 0° 3~~' 23" East along said prolongation and said llcstcrly linc of said Record of Survey 725.77 feet to [he ce~terline of ~~ohl Ranch Roac:; thence generally ~iortheaste~ly along said cen[crtine of Nohl Ranch Road ~s shrnan on said Record of Survey t!ie following courses: 1, tlorth 5G° 4~' ~~U' East G03.27 fcet [o thc bcginning of a tangcnt curvc concavc Nor[In-restcrly having a radius of GOO.f10 fect 2, Hor[heasterly alone~ sai~ curve through a central an~le of 22° 30' 0;" an arc distance of 7.35.G3 fee[ 3. tan9ent to said curv~ North 3~i° 15' 41" East Z;a.32 feet to tlie beginnine~ of a tangent curve concave Southeas[erly havi~g a radius of G~0.0'1 fcet ~~. Northeasterly along said curve [hrouyL a cen[ral angle of 1~~~ 40' 21" an arc dis[ancc of h25.92 fec[ 5. tangent to said curvc Nor[h 7~i~ 5G' 02" East 203.;7 fce[ [o the beyinniny of a tangent curve concave tlorthwesterly having a radius of G~0.0~ fcet 6, Northeasterly along said curve through a central angle of 2~ OJ' 02" an arc distancc of 2J3./5 fce[ 7. tangent to said curve North 48° 59~ 00" East G65.15 fec! to Chc bcyim~iny of a tanyc~t curvc concavc SouChcrly havinc~ a raJius of 6q0.00 fcet So alony said curve [hrougli a central angle of ~~f3° 5fi' 07" an arc distancc of 512.20 fcet 9. Canyent to said curvc Sou[h 32° 02' S3" East 262.60 feet to the begfnniny of a tan9ent curve concave Northerly haviny a radius of 60'1.OQ fcet 10. along said curve througfi a central angle of 10° 2~' 2~i" an arc distance of 1U9.35 fce[ to thc point of beginning. contalniny 79.~3b acres; and NII[REAS, the Ci[y Planning Cormission did schedule a public ficarin~ at the City {lall in thc Cicy of Anal~eim on July 1~, 1977, at 1:3~ p.m,, noticc of said publ(c hearfn9 having been ~uly given as required by la~a and in accordance with the provisions of the Anaheim Municipal CoJe, Chapter 18.03, to hear and consider evidence for and a,ainst said pruposed variance and to investigate and make findings and recortunendations in connection therewitfi; said public hearing havin9 been continued to [he Planning Commission mecting of August 15, 1977; and -2- PC17-ti74 WtiEREAS, said Commission, after due inspection, investigation and st~dy made by itself and in its behalf, and after duc consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That tFie petitionrr prmposes a waiver of the follr~wing to establish a four-trac[, 173-1ot, 171-unit, RS-fi5-16,00~(SC) subdivision: SECTIO!I 1[.24.065.01~ - RequirPr~ent that all lots rear-on an artcrial ;~i hwa . Onc sidc-on lot propased 2. That the above-mentioned wa~ver is herchy grar.ted on the basis tha[ the petitioner demonstrated that a hardship exisis in that propos~d Lot Ilo. 1 of Tract ~~o, S11G has a hilly tcrrain and irregular shapc, resulting in a buildable pad whtch is located a mi~inun of ~~0 feet fron the ad.jacent arterial hiyhway, said grade difference anJ distance protecti~g the future and residential use of [he property. 3. 7hat therc are exceptional or extraordinary circumstances or conditions applicable 2o thc property involv..d or to tl~e intended usc of thc property that do not ap~ly generally to the property ~r class of use in the same vicinity and zone. 4. That [he reques[eJ variance is necessary for the preservation and enjoyment of a substan[ial proper[y riytit posscssed by othcr propcrty in the samc viCinity and zonc, and denicd to Che proper[y in qucs[ion. ~. That thc requcsted variancc will not bc matcrialiy detrimental to the public welfare or injurious to tlie proper[y or inprovements in sucfi vicinity and zone in which the propcrty is locatcd. F, Tha[ no one indicated tfieir presence at said pul~lic hearing in opposition; and [t~at no corresponderce was reccived in ophosi[ion co the subj<et pcti*.lon. ENVIROIitiENTAL IHPP~CT FII~UII~G: 7ha[ the Anahein City Planning Cormission finds that LIR I~o. 203 `or proposed devcloDment of Tentative Tract 1~os. S11G, 8117, 9fi~7. and 9364, consisting of a to;al of 171 RS-fi5-10,0'l0(SC) (Residential, Singlc- Family flillside-Scenic Lorridor Overlay) zoned lots and two open space lots, having been considered this date by the Anaheim Ci[y Plannin~ Comnission and evidence, both written and oral, havin~ becn presen[ed to supplcment said EIR Ilo. 203, finds that potential project-9enerated individual an~~ cumulative adverse impacts have been reduced to an acceptable Ievel by conformance with City plans, policies and orciincnces; and draft [IR No. 2D3 conforms to thc California Environmental Quality Act and Sta[e and CiCy [IR Guidclinr_s and, thereforc, based upon such information, thc Anahcim City Planning Commission docs cer[ify [IR No. 203. NOU, TIIEREFOkC, DE IT RESOLVED that the Anahcim City Planni~g Comnission does hereby yrant subject Petition for Variance, upon the following conditions which are fiereby found to bc a nccessary prerequisite to thr. proposeJ usc nf the subject propcrty in order to prescrve tfic safety and gencral welfarc of the Citizens of the City of Anahcim: i. That this Variance is granted subject to the comple[lon of Reclassification No. 7%-78-1, now pcnding. -3- Pt77-t74 2, That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marF:ed Revision I~o. 1 of Exhibit No. 1. THE FOREGOING RESOLUTI6N is signed and approved by me this 15th day of August, i^77. ~/:Mo~ ~ ~'~.~ CHAIRMAN. AJAHEIh1 CITY PLAtINitlG COMMISSIOt~ ATTEST: ~ ~~ ~ ~~ SECRETAkY, AIJAHEIti CITY PLAN~lIUG COMMISSIOII STATE OF CALI FORtI I!1 ) COUNTY OF ORAi~GE ) ss. C 17Y 0 F A~JAIiE I M ) I, Edith L. Harris, Secretary oY the Anaheim City Planning Commission, do hereby ccrtify that the foreg~ing resolution was passed and adopted at a meeting of the Anahcim City Planning Commission held on August 15, 1q77, at 1:3~ p.m., by the folla+ing vote of the members thereof: AYES: C011MI5S~ONERS: BARNES, UAVID, HERaST, JONW501~, Y.ING, LINN, TOLAR NOES: C01114 1 5 5 1 0t7EitS: t10t1E Af35ENT: COIIMIS5101~ER5: NOItF It~ NIT~IESS llFiEREOF, I have he'eunto set my hand this 15[h day of August, 1377• ~a~=~. .~ r~~, SECRETARY, ANAHEIM Li~Y PLAII~JING LOMMISSION -~- PC77-174