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