PC 78-179RESOLUTION N0. PC 7A-179
A RESOLUTION OF THE ANAHEIN CITY PLA~INING COMMISSION
THAT PETITI011 FOR VARIANCE N0. 3032 BE GRAt17ED
W!tEREnS~ the Anaheim City Planning Commission did recelve a verlfled
Petition for Variance from ANDREN M. AND JOYCE L. ZUpfQ~erty,situated inathe Cityuof
Anaheim, Californla 92a01 owners, of certain real
Anaheim, County of Orange, State of California described as:
THAT PORTION QF THE NORTHEAST QUARTER OF THE SOUTHUEST QUARTER OF
SECT10~1 12. TObMSNIP 4 SOUTH. RANGE il WEST~ I~3 7t1E RAMCHO LOS
COYOTES~ CtTY OF AI7AHEIM. COUNTY Of OP.ANGE, STATE OF CALiFORN1A~
AS SA10 NORTHEAST QUARTER OF THE SOUTHWEST QUARTEP. OF SELTION 12
IS SNOI~M Otl A RECORD OF SURVEY MAP FILED IN BOOY. 25 P~GE 34 OF
RECORO OF SURVEYS OF SAID COUNTY. DESCRIBED AS FOLLOWS: BEGI~INING
AT A POINT 0~1 THE EAST LINE OF SAID SOUTMdE57 QUARTER t10R7H 0°it'
jp~~ ~IEST 751.27 FEET FROM THE SOUTHEAST CORNEP, OF SAID tIQRTHEAST
~~A~30" WEST ALONGSSAID~EAST LINET100 OOSEFEETt1 1THENCE~CSOUTNTH8?o
~
40' 30" WEST 2G4.00 FEET; THENCE SOUTH 0°•il' 30" EAST 100.00
FEET; TNEHCE NORTH 39~ GO' 3~" EAST 2E4,00 FEET TO THE POiNT OF
BEG I NI! ~ NG,
NFIEP.ERS. the City Flanning Cor..^+lssion did hold a public hearin9 a[ the City
Hall in the C1tY of Anaheim on July 31, 197a, at 1:30 p.m., notice of sald public
hearing havin9 been duly given as required by laa and in accordance with the
provisions of the Anahetm Munic(pal Code. Chapter 18,03, to hear and consider
cvTdence for and agains[ said proposed variance and to Investigate a~d make findings
and recommendations in con~ection therewith; and
blHEREAS~ sald Commission. after due inspection. investigation and study made
offered,at saidnhearinghadoesaftndfand determinedthetfallowing,factsence and reports
~, Tha[ the petitioncr proposes a waiver of the followTng to permit the
keeping of three (3) horses:
(a) SECT101~ 18. 02.052•~~Z ' MTnimum distancc for animal confinanent.
20 eet ram any property line requlred
5 eet and 14.5 feec existing)
(b) SECTION 18.02.052•~~31 - Maximum number of e ulne anTmals.
None permitted on RS-A- 3rQ00 parcels
~ than 1,0 acre in slze; 3 existing
on 0.5 acre parccl)
2, That the proposed variance is hereby granted subJect to yearly review
by the Planning Cortnlssion to determinc that there has been no adverse impact on
adjacent residential uses.
3, That tho proposcd walvers are hereby granted on the basis that the use
has apparentlY existed for fifteen (15) years slnce before the property was annexed
to the Clty of Anahcim, and that durtng that timc thc~e have been a minimum number of
complaints.
PC78-t79
4, That the variance ts granted subJe~t to the petitloner's stipulatlon to
separate the horse corral area from the southwest corner of subJect property with a
landscapcd arca. The separation shali be such that the animals wiil not be ablc to
go near the fenGe located at the southwest corner which is adjacent to a single
family residenu~.
5. .That there are exceptional or extraordinary circumstances or condittons
appllcable to the property fi~volved or to the intended use of the property that do
not app~y generaily to the property er class of use in the same vicinity and zone.
6. Thar the requested varfance ts necessary for [he preservafion and
enJoyment of a substantlal property right possessed by o[her property in the same
vicinity and zone, and denied to the property irt question.
7, That the requested variance will not bc materlaily detrimental to the
public welfare or tnJurious to the property or improvements in such vicinlty and zone
in which the property is located.
8. That one person indicated their presence at said public hearing in
oppositlon; and that no r.orrespondence was received in opposition to the subJect
petttion.
ENVIROtlMEHTAL IMPACT FINDI!JG: ihe Planning Director or his authorized
representat(ve has determined thai [he proposed proJect fails within thc definition
of Categorical Exemptions~ Class 1, as defined in Paragraph 2 of [he Ctty of Anaheim
E~vironmi:ntal impact Report Guideltnes and is, therefore, categorically exempt from
the requlremen[ to prepare an EIR.
P~ON, TNEREFORE, BE IT RESOLVED that the Anahelm Ctty Planning Commission
does hereby grant subJect Pecition for Varlance~ upon the followin9 condi[tons which
are hereby found to be a necessary prerequlsite to the proposed use of the subJect
property ir, order ta preserve thc safety and general wetfare of the Citlzens of the
City of Anaheim:
1, That subject property shall be developed su6stantially in accerdance
with plans and specifications on file with the City of Anahelm marked Exhiblt Nos. 1
and 2; provided, horrover, Chat a fa~dscaped separation shalf be provided betrren the
horse corrai area and the southwest corner of subJect property and soma means shall
be providcd which prevents the horses from going to the fence at that corner.
2. That subjec[ variance is granted for a period of one (1) year, at whtch
time and upon writtsn request of the petltioner, additional tTme extensians of one
year may be approved by th(s PlannTng Commission.
BE IT FURTHER RESOLVED that [he Anahcim Clty Planning Commissian does hereby
find and determine that adoption of this Resolution is exp~essly predicated upon
appl(c~nt's compllance with each and all of the condi[tons herelnabove set forth.
Should any such conditton, or any psrt thereof~ be declared invalid or unenforceable
by the final Judgment of any court of competent JurisdTction, then thTs Resolution,
and any approvals fierein contalned, shall be deemed nuli and voTd.
-2- PC78-179
~ l i
THE FOREGOING RESOLUTION is signed and approved by me this 31si day of July
1978.
I , NAHEI COHMISSION
ATTEST:
~ ~ 7
SECRETARY, ANAHEIM CIT LANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
i. Edith L. Harris, Secretary of the Anaheim City Planning Cortmission, do
hereby certify Lhat the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Camission held on July 31, 1978, at t:30 p.m „ by the
following vote of the mertebers thereof:
AYES: LOMMISSIONERS: BARNES, DAVID, NERBST, JOHNSON, KING, TOLAF.
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LINN
IN 411TNES5 41HEREOF. I have hereunto set my hand this 31st day of July, 1978.
~~ ~ ~~~~~
SEGRETARY. ANAHElM C4T1' PLANNiNG COMMISSION
PC78-179