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PC 77-63RES~!UTION N0. PC77-63 RESOLUTION OF THE ANAHEiM CITY PLAN~IING COMMISSION TNA~ PETITfON FOR VAR~ANCE N0. 2918 BE GRANTED. WHEREAS, the Anaheim City Planning Commission d(d r:ceivc a veriflcd Petitian for Variance frbm ANAHEIM HILLS, INL., 380 tinaheim Hills Road, Anaheim, California 92306 (Developer}; LIND ~ HILLERUD, INC., 2515 Huntingt4n Drive, San Marino, Calltornfa 91108 (Enginee~ of certaln real property situated in the Cfty of Anaheim, County of Orange, State of Cal{fornfa described as: That portlon of the land altoted to Paula Peralta d- Dominquez, In thc City of Anaheim, County of Orange, State o~ Californla, as descrlbed in the Final Decree of Partit(on of the Rancho Santlago de Santa Ana, whlch was entered September 12, ~868 in Book "B" Page 47Q of Judgemcnts of the Dis[rict Court of the 17th Judicial D(strict in and for Los Angeles Lounty, California lncluded within a parcel of land bounded and described as follows: Cannencing a[ the In[ersectlon of the centerline of Canyon Rlm Road and [he Easterly boundary of Tract No. 822Q, as per map recorded in Qoak 335 Pages 33 through 41, Inclusive, of Mlscellaneous Naps, in the office of the County Kecorder of Orange County, seid point of commencing being on a curve concave Souih-rly and having a radlus of 800.00 feet, a radlal Ilne pas~ing through said polnc baars North 4~ 15' 07" East; thence Eas[erly along the centerline of ,ald Canyon Rim Road as descrlbnd ln Deed to the City of pnaheim recorded October z2, 1974 In Book 11270 Page 1734 of Offlclal Records, records of s~ld County, through a central angle 9° 42'44" an arc distance of 135.61 feet; thence tang~nt to said curve Sauth 76~ 02' 09" East 591.65 feet to the 7RUE POINT Or BEGIMNIkG for the purposes of this descriptlon; thence con[inuing along ~a1d centerline of Ca~yon Rlm Road South 76° 02° 09" East 151.47 fect to the beglnn;ng of a tangent curve concave Southaesterly having a rndlus of 1000.00 feet; thence Southensterly along sald curve through a central angle of 21° 14' 27" an arc distance of 370.72 feet; thence tangent to said curve South 54° 47' 42" Eas[ 422.74 feet t~ the beg(nning of a tangent curve concave Northeasterly having a radlus of 1000.00 feet; thence Southeasterly along sald curve through a central angie of ~ 44' 10" an arc dlstance of 12.85 4eet; thence leaving sald cen[crline of Canyon Rim R~ad North 31° 27' 2J" East 102.17 feet; thence North 59° 33' 37" East 112.51 feet; thence North 8° 55' S0" Nest 354,30 feet; thnnce North 4~0 33' 11" East 463,00 feet; thence North 60° 15' 18" uest 363.00; thence Marth 51° 00" 00" East ?36.65 feet; thence North 3° 41' 29" Nest 251.93 feee; 2hence horth 35° ZS' 60" West 187,96 fnet to the Southeasterly llne of that certaln Right of Way easement of Southern Californla Edlson Company as per pocument Recorded tn Book 8824 Page 19 of Official Recc~rds, Records of said Coun~y; thence South 4E~ 18' l3" west along sald last mentloned Southeestcrly llne t382.64 reet; thence South 840 41' 38" M'est 46.00 feet to the beginning of a non-tangen[ curve concave WesLerly having a radius of 600.00 fect a radlal llne of sald curve whlch passes through the beg(nning bears North 84° 41' 38" East; thence Southerly along sald c~rve through a central angle of 19° 16' 13" an arc distance of 201.80 feet; thence tangent to sald eurve South 13~ 57' S1" We~t 41.92 fect to [he TRUE POIIdT OF SEGINNING WHEREAS, the City Planning Commisslon dld hold a public hearing at the Clty Hall ln the Clty of Anahelm on March 14, 1977~ at 1:30 p.m., notice of sald public hearing havfng been duly given as required by law and ln ~ccordance with the provlsions of the Anafieim riun4clpal Code, Cfiapter 18.03, to fiear and consider P.ESUIU?ION N0. PC77-63 evidence for and a9alnst said proposed variance and to Investigate and make findings and recommendations in connection therewith; and WHEREAS. sald Cortanisslon, after due i~spection, investiga*.Ion and study made by ltself and in its behalf, and after due consideration of all evldence and reports offered at said hearing, does flnd and determine the f~~'~~wing facts: 1. That the petitioner proposes the foi,ow~n: walver from the Anahelm Municipa) Code, to establfsh a 30-lot, RS-HS-22,000(SC) subdi~~ision. SECTION 18.23.065.010 - Re uirement that all lots rear on an ar[erlai g way. One s(de-on ot proposed 2. That the abovc-mentlone6 •walver fs hereby gran*ed on the basis that the petitioner demonstrated that , fiardship would be created if said walver was not granted, duc ~o the configuration and topography of thr property; that the same waiver has been granted in sfmilar circumstances, and that the petitlon~r has lndicated a minimum 40-foot structural setback along Canyon Rim Road would be malntained if the lo[ dep[h measured from Canyon Rlm Road Is less [han 120 feet. 3. That there are exccptlonal or extraordinary circumstances or conditYons applicable to the property lnvolved or to the Intended use of the property that do not appty generally [o [he property or class of use ln the same vicinlty and ione. 4. ThaC the requested varlance is necessary for [he preservation and enjoyment of a substa~tlal pruperty rlght possessed by other property In the same vlclnity and zone, and denled to the property fn questlon. 5. That the requested varlance wlll not be materla!ly detrlmental to the public welfare or InJurious to the property or improvements ln such vlc(nlty and zone in which the property is located. 6. That no one fndicated thelr presence at said public heAring in opposition; and that no correspondence Has recelved In opposition ta the subJecL petltion. ENVIRONMENTAL IMPACT fINDING: Tha[ Environrnental Impact Report No. 196 (Suppiement ng Master EIR No. 0 or the proposed devel~>pment of 30 restdential tots on the 22.5-acre slte generally bounded by Canyon Rlm Road, the Southern California Edison Easement (at Falrmont Boulcvard) and the Clty/County boundary, having been considered thls Gate by the Anahelm City Planning Commission and evtdence, both wrltten and oral, having been presentcd to supplement said Draft EIR No. 1~6, the Planning Commission finds that (a) potentlal pro)ect-gcnerated indtvidual and cumulative adverse Impacts have been reduced to an Insignlficant level due to the estate-type lo~a-density and open space 5uffering proposed and (b) the subJect Draft EIR No. 196 conforms to the Ctty and State Guldelines and the State of Callfornia Envlronmantal Quality Act; and, based upon the foregoing tnformation, the Flanning Corrcnission does hereby recommend to the City Councfl of the City of bnahcim that they certify sald EIR No. 196 ls In complience wfih said Envtronmental Quality Act. Coples of EIR No. 19b ere on file In the Planning Department at Clty Nall. NOW, TWEREFORE, BE IT RESOLVED that thc Anahelm City Planning Cortmission does hereby grant ~ubJect Petltlon for Varianc~, upon [he following conditlons which are hereby found to be a necessary prarequlslte to the proposed use of the subJect -2- RESOLUTION N0. PC77-63 property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim. 1. That thls Varlance is granted subJect to the completion or Reclassification No. 76-77-40~ now pending. 2. That subJect property shall be developed substantially in accurdance ~ith plans ae:d spectflcations on file wlth the City of Anaehlm marked Exhl~ff No. 1. THE FOREGOING RESOLU710N ls signed a~d approv by me this 14th day of March. 1977. CHA RMAN N IM NN NG COMMIS ION ATTEST: I ".~/l7ZFF~.r(/~-Y • -fy~71~-~~ SECRETARY PRO TEMPORE ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORHIA ) COUNTY OF ORANGE )ss. CITY OF ANAHEIM ) I, Pamala H. Santala, Secretary Pro Tempore of the Anahelm City Planning Comnissfon~ do liereby certtfy that the foregaing resolution was passed and adopted ai a meeLing of the Anahelm City Plann(ng Commission, held o~ March 14, 1977, at 1:30 p.m., by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, DAVID, NERBST, KING, MORLEY, TOLAR, JOHNSON t~OES: COMMISSIQNERS: NONE ABSENT: COMMISSi0NER5: NONE IN NITNESS NHEREOF, I have hareunto set my hand thls 14th day of March, 1977 ~ / /~f~~i 0 EM RE ANAHEIM CiTY PLANNING COMMISSION -3- RESOLUTION N0. PC77-63