PC 77-267RESOLUTIO~ N0. PL77-267
A RESOLUTION OF THE A~~AIIEIM CITY PLANNIIJG COMMISSIOt!
TI1A7 PETITIOt! FOR VARIAtlCE N0. 2982 E3E DEi~iED
WIiCREAS, the Anaheim City Planning Commissio~ did receive a verified
PetiLion for Variance fran JAMES D. At7U LOt~EAL A. NOR70N, JR., II37 East Almond,
Orange, California 926G6, aw~ers, and HUGff F. VAt~ASEK, 1621 East 17th 5[reet, Santa
Ana, Callfor~;ta 92702, ayent, of certain real property situated in the City of
Anaheim, County of ~range, State of CaliFornia, described as:
Beginning at the Northeast corner af that certain tract of land
described as Parcel i in deed to tne State of California, recorded
March 19, i9G8 in bonk 854L•, page 192, Official Records of said
Orange County; thence along the Nor[heriy boundary of said Parcel
1, Sout.h 84~ 39' 3~+" North, 57.41 fcet [o the beginning of a
tangent curve concave Sou[herly having a radius of 350.OU feet;
thence Westerly along said curve, tfirough an anyle of 27° 49' 04"
an arc disr~nce of 169.93 feet; thence Sou[h 5G° 50' 30" Nortt~ a
distance of 4.2~ feet [o the begi~ning of a tangent curve concave
Northeasterly having a radius of ~0.00 feet; thence I~orthwesterly
along said cu~'ve through an anyle of 83° 35' 2$", an arc distan~e
of 131.31 feet; tlierzce North 39° 34' 02" t~orth, 53.15 feet aion9
Che said line of said Parcel 1, and its Northwesterly
prolongation, to a non-tangent curve, concave Northeasterly,
having a ra::ius of 1735.00 feet; thencc Northwes[erly along said
curve, from a tangen[ bearing North 2i;° 4b' 10" West, through an
anyle of 1° k3' 3°". an arc distance of $2.31 feet; thence ~Jorth
25° 42' 14" East, 1&.90 feet Co the Southwesterly corner of [hat
certain tract of land described as Parcel 2 in said deed [o the
S[ate of California; [hence con[inuing along the Southerly line of
said Parcel 2, Nortt~ 25° 42' 1~~" East 5.50 feet to a line parallel
witfi and distant Southcrly 30.00 feet, measureJ at right angles~
from the Nortl~eriy line of said Parcel 2; thence along said
parallel line North 73° OC' 09" East, 328.GG feet [o the be<~inning
of a tangent curve concave Southerly, having a radius of 170.00
feet; [lience Easterly alony said curve, throuyh an angle of 3° 10'
36", an ar•c dis~:ance of 9.43 fee[ to the Easterly line of that
certain tract of land described as Parcel 1 in deed to E. Lee
Schultz, et. al,, recorded September 6, 1962 in 6ook 6240, page
8li, Official Records of sa(d Oranye County; thente South 22~ 39`
53" East, along the Easterly line of said land of Schultz, to the
point of beyinning; and
Wt1EREA5, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on December 5, 1977, at 1:30 p.m., notice of said public
hearing havin~ been duly given as requirecJ by law and in accordance with the
provistons of the Anaheira 11unicipal Code, Chapter 1u.03, [o hear and consider
evidence for and against said proposed variance and to inves[igate and make ftndings
an~+ recommendations In connection tiierewith; and
PC77-z67
Wf1EREAS, said Commission~ after due insnection, investigation and s[udy made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the follaving facts:
1. 7hat the petttioner proposes a waiver of the follawing to construct
four fourplexes:
SECTI~1~ 12.32.062.012 - Naximum structural hei ht.
One s[ory perm~tted; two s[ories proposed)
2. Tha[ the above-mentioned waiver is hereby denied on the basis that the
reclassification to multiplernfamily residential zoning, filed in conjunction with
subject variance, was denied and subjec[ waiver is, the.refore, unnecessary.
3. That there are no exceptional or extraordinary circumstances or
conditions applicable to the property invoived or to the intended use of the property
that do not apply generally [o the property or class of use in the same vicinity and
zone.
4. That the requested variance is not necessary for the preservation and
enjoyment of a subs[antial property righC possessed by other praperty in the same
vicinity and zone, and denied [o the proper[y in question.
5. That the requested variance will be materially detrimental to the
public welfare or in;urious to the property ar improvemen[s in such viclnity and zone
in which Che property is loca[ed.
6. That one person appeared at said public nearing in opposition; and that
no correspondence was receiveJ in opposition to the subject petition.
EIJVIRONMENTAL IMPACT FIt~DING: Ti~at the Anaheim City Planning Cammission has
reviewed su ~ect proposa to reclassify the zoning from RS-A-43,Q00(SC)
(Resideniial/Agricultural-Scenic Corridor Overlay) ta RM-2400(SC) (Residential,
Multiple-Famlly-Scenic Corridor Overlay) on approximately 1.2 acres located at the
southeast corner of Lakeview Avenue and ycKinnon Drive, having a frontage of
approximately 361 fcec on the south slde of NcKinnon Drive; and does hereby approve
the tJegative Declaration from the requirement to prepare an environmental impact
report on the basis that there would be no significant individual or cumulative
adverse environmental impact due to the approval of this Negative Declaration since
[he Anaheim General Pian designates the subject property for general commercial and
hillside law-densiCy residential land uses commensurate with the proposal; that no
sensltive environmental impacts are involved in the proposal; that the Initial Study
submitted by the petitioner indicates no significant indivldual or cumulative adverse
environmental impacts; and Lhat the tJegative Deciaration substan[iating the foregoing
findings is on file in thc City of Anaheim Planning Departme~t.
I~~~, THF.REFORE, BE IT RESOLVED that the Anaheim City Planning Caronission
does hereby deny subject Petition for Variance on the basis of the aforementloned
findings.
THE FOREGOING RESOLLTION is signed and approved by me thts 5th day of
December, 1977.
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CHAIRNAh~, ANAHEIM CITY PLANNING CONMISSION
-2- PC77-267
Al?EST:
~d~. ~ ~-~
SECRETARY, ANAHEIN CITY PLANNING COMMISSION
STATE Q'r CALIFORUTA )
COUtlTY OF ORAPJGE ) ss.
CITY OF Ai~AHEiM )
s; Edith L. Narris, Secretary of the Anaheim ~ity Planning Commission, do
hereby certify that the foregoing r~solution was passed and adoFted at a meeting of
the Anaheirn City Plannin~ Cortmission held on L~ecember 5, 1977, at 1:30 p.m., by the
following vote of cf~e members therecf:
AY[5: COMI11551011ER5: BARNES, 11ER[iST, KiNG, LIt~N
NOES: COMMISSION[RS: DAVID, TOLAR
At3SENT: COt1MI5510t1ERS: JOHGSOIa
1977.
ItJ 1JITNESS WIIEREOf, I have hereunto se[ my hand this 5Ch day of December,
~/t> ~ -~J' / ~y~J' j~~_ .
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SECRETARY, ANAHEIH CITY PLANNIWG COHMf5510N
-3- PC77-267