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PC 78-121RESOLUTION N0. PC78-121 RESOLUTIOtd OF THE A4A11EIM CITY PLANNING C014~~ISSION THAT PETITION FOR VARIANCE N0. 3ot9 BE GRANTEO WHEREAS, the Anaheim City Planning Commtsston did receive a verlfied Petition for Variance from ELMEP, C. A4D ELIZABETH B. DREWS AIID CENTRAL BAPTIST CHURCH OF ORAI~GE COUNTY, 227 North Magnolia Avenue, Anaheim, California 92801, and ROLAND J. JEIJSEN, 101~ East Chestnut Street, Santa Ana, Lalifornia 927~1. ~ers and 80R15 ELIEFF, 2006 t~orth Broadway, Santa Ana, California y2706, a9en[, of certain real property situated in tha City of Anaheim, County of Orange, Statc of California described as: PARCEL 1: THE NORTH 15 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWiISHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES AS PER MAP RECORDEO IN BOOK 51, PAGE 11 OF HISCELLANEOUS MAPS, IN TNE OFFICE OF 7HE COUNTY RECORDER OF SAID COUtITY. EXCEPT TNE NORTH 5~'~ FEET OF SAID PARCEL. ALSO EYCEPTING THE WEST 75 FEET OF SAID PARCEL LYING SOUTH OF THE NORTH 50~ FEET THEREOF; AND THE EAST 253.00 FEET OF THAT PORTION Of THE NORTH 15 A~RES OF THE EAST HALF OF THE 56UTHEA57 QUARTER OF TtiE S~UTNEAST QUARTER OF SECTIO~~ 12, TOWf~SHIP 4 SOUTH. RAIIGE il 41EST, IN THE RANCHO LOS COYOTES, AS SHQWN ON A MAP THEREOF RECORDED IN BOOK 51. PAGE 11 OF MISCELLANEOUS MAPS, REC04D5 OF SAID OP.ANGE COUNTY DESCRiBED A5 FOLLOWS:BEGINNING AT A POINT 01~ THE EAS7 LINE OE SAID SECTIOt~, HORTH Oo 13' 47" WEST 3Z8•29 FEET FRON THE SOUTHEA57 CORNER OF SAID SECTIOt~, SAID POINT BEING THE ~IORTHEAST COR~2ER OF THE SOUTH 5 ALRES OF SAID EAST HALF, AS SHObR~ Of! A MAP OF SURVEY RECORDED I1~ BOOY. 37, PAGE 24 RELORO OF SURVEYS, IN THE OFFICE OF~ ~T~HE43CONEST RECORDER OF SAID ORAMGE LOUPiTY; THENCE SOUTH 39 Si2.5~ FEEi ALONG THE t:QRiH LttSE OF SAl~ 50UT4 5 ACRES TO THE BEGIpNING Of A NON-TANGENT CUP.VE CONCAVE SOUTHEASTERLY AND HAVI~IG A RADIUS OF 969.50 FEET, A KAOIAL LI~:E FROH SA~D POINT BEARING SOUTN 57~ 5z' 33" EAST; THEIlLE, NORTHEASTERLY, 30~~.69 FEET ALONG SAID CURVE TO A LINE TAt~GENT; THENCE NOP,TH 500 07' S0" EAST 336.00 FEET ALONG SAID TANGENT LINE TO A LINE PkRALLEL UITH, AND 53•00 FEET WESTERLY FROM THE EAST LII~E Of SAID SECTIOtI; THENCE NORTtf 0~ 13' 47" 1JEST 39.61 FEET ALONG SAID PARALLEL LINE; THENCE NORTH SO° 07' 50" EAST 68.32 fEET 7'J THE EAST LINE OF SAIO SFCTION; THENCE SOUTH 0° 13' 47" EAS'i 5~5.06 FEET T~ THE POINT OF BEGINNlNG. EXCEPT THE SOIfTN 200.00 FEET THEREOF. AL50 EXCEPT THAT PORTION THEREOF NITHIN hfAGNOLIA AVENI~F. 41HEREAS~ the City Plr~nni~g Commission did hoid a public hea~ing at the Lity Hall in the Ctty of Anaheim on June 5, 19,'8, at 1:30 p.m., nocice of said publTc hearing having been duly given as required by law and in accordance with the provisions of the Anahelm Municipal Code, Chapter 13.03, to hear and considcr PC78-121 evidence for and against said proposed variance and to investiga[e and make findings and recommendatlons in connection therewith; and WHEREAS, said Lommtssion, after due inspection, investtgation and study made by itself and in its behalf, and after due consideration of all evidence and repor*_s offered at said hearing, does find and determine the followi~q facts: 1. That the petitioner proposes a waiver of [he foilowing [o establish a chree-lot, 132-uni[, Ry-4Q00 (Residcntial, Hultiple-Family} Zone condominium subd(vision ~ith waiver of: SECTION 18.31.Ob1 - Mlnimum lot width. 0 eet requ red; 18 feet proposed) 2. That the abave-mentioned waiver is hereby granted on the basis that the petitioner demonstrated that a hardship exists fn that the Carbon Creek Glood Control Channel is existing and divides subJect property. 3. That there are exceptional or extraordinary circumstances or condttions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in [he same vicinity and zone because an existing flood control channel divides subject property. 4. Tha[ the requested variance is necessary for the preservation and enjoyment uf a substantial proper[y right possessed by other property In the same victnity and zone, and denied to the property in qucstion. 5. That the requested variance will not be materially detrimen[a) to the public welfare or fnjurious to the property or improvements in such vicinity and zone in which the property is located. 6. That no one indicated their presence a[ said public hearing in opposition; anJ tiia[ no corresponde~ce was received in opposi[ion to Che subject petitlon. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City PlannTng Commission has reviewed the subJect proJect to establish a 3-1oL., 132-unit, RM-4000 condominium subdivision with waiver of mintmum lot width on a rectangularly-shaped parcel of land consisttng of approximately 7,7 acres having a frontage of approximately 551 feet on the west side of Magnoiia Avenue, having a maximum depth of 605 feet. and being locateJ approximately 37_5 feet north of the centerline of Lincoln Avenue; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no s(gnifTcant tndtvidual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan destg~ates [he subJect property for parochiai school stte/medium density residenetal land uses commensurate with the proposal; that no sensttlve environmen[at impacts are involved in the proposal; that the Inttlal Study submitted by the petitioner indicates no slg~ificant indTviduaT or cumulative adverse environmental impac[s; and tha[ the Negative Declaration -2- PC78-121 substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, TNEREFORE, BE IT RESOLVED that the Anaheim City Flanning Lommission does hereby grant subJect Petition for Variance. upon the following co~dltions which are hereby found Yo be a necessary prerequisite to the proposed use of the subJect property in order to preserve the safe[y and genera) Nelfare of the Citizens of Che City of Anaheim: 1, That subject property shall be developed substantially in accordance with plans and specifications on file wtth the City of Anaheim marked Exhibit No. 1. BE IT FURTHER RESOLVED [hat the Anaheim City Pianning Camiission does hereby find and determine that adoptton of this Resolu[ion is exoressly predicated upon applicant's compliance with each and all of the conditTons hereinabove se[ forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final Judgment of any court of competen[ JurisJiction, then this Resoiution, and any approvals herein contained~ shail be deemed null and voTd. 1978. THE FOREGOING RESOLUTION is signed and approved by me [his Sth day of June ~~4~v/ ~~. CHAIRMAN, ANAHE-M CITY PLANNING COMHISSIOM ATTEST: ~~. .~ ?~,,.~.~ SECRETA~fY~HEIM CITY LANNING GOHl11SStON STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edi[h L. Harris, 5ecretary o` the Anaheim Ci[y Planning Commissian, do hereby certify that the foregoing resolution wa5 passed and adopced at a meeting of the Anaheim City Planning Commission heid on June 5, 1978, a[ 1:30 p.m,~ by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES~ DAVID, NERBST, JOHNSON, KING, LINN, TOLAR NOES: COMM155101JER5: NONE ABSENT: CO`1M I55IONERS: t00;~lE IN WI7NE55 1rHEREOf, I have hereunto sei my hand this 5th day of June, 1978. ~~ .t .° ~L~.~.~...~. SECRE7ARY~ ANAHEIM CITY PLANNING COMMiS510N -3- PC78-12i