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PC 78-198RESOLUTIOH N0. PC 78-19a A RESOLUTION OF THE ANAHEIt1 CITY PLANNING COt1NISSION THAT PETITIOt~ FOR VARIA~ICE N0. 3036 BE GRANTED WHEREAS, the Anaheim Ctty Planntng Commission did receive a vertfied Petition for Variance from FQREST LAIJN CEHETERY ASSOCIATION~ 1712 South Glendale Avenua, Giendale, California g1209~ owner, and BEARD DEVELOPME~IT LO., 4121 Nesterly Place ~105, Newport Beach, Lalifornia 92660 and SAtlTA ANITA DEVELOPMENT CORP., P. 0. Box 1800, Newport Beach, California 92660, agenis, af certain real property situated in the Ci[y of Anaheim, County of Orange, State of Galifornia descri6ed as: PARCEL A- COMMERCIAL SITE - BEING A PORTION OF PARCEL 2, IN TNE CIT OF ANAHEIt1, COUNTY OF ORANGE, STATE OF CALIfOR~~IA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 66, PAGE 47 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY R[CORDER OF SAID COUNTY; DESCRIBED AS FOLLOWS: BEGINNING AT THE UORTHEAST CORNEP, OF SAID PARCEL 1, SAID CORtJER BEING TtiE CENTERLINE It~TERSEGTION OF RONNEYA DP.IVE (NEST) AND EUCLID AVEt7UE; S'HENCE SO° 02'23"w 528.00 FEET ALOt7G THE LENTERLI~~E OF EUCLID AVENUE; THENCE N84° 55'37"W 345.00 fEET; THENCE NO° 02'23"E 125.00 FEET; THEt~CE 1~89°55'37"N 20.00 FEET; 7HENCE NO°02'23"E 403.00 FEET TO THE CENTERLINE OF ROMNEYA DRIVE; THEtdCE ALONG SAID CENTERLINE 589°55'37"E 365.00 FEET TO TtIE POINT OF BEGINN(NG. EXCEPTIfiG THEREFROt4 THOSE PORT10~15 WITH ROMNEYA DRIVE AND EUCLID AVENUE, AS SFIOWN O!! SAID PARCEL NAP. PAACEL B- MULTIPLE RESIDE~lTIAL SITE - BEING A PORTION OF PARCEL 2, N NE CIT OF ANAHEIH, COUNTY OF OP,ANGE, STATE OF CALIFORNIA, AS 5l10tJN ON A PARCEL HAP FILED ItJ BOOK 66, PAGE 47 OF PARLEL MAPS, -N THE OfFICE OF T~IE COUNTY RECORDER OF SAID COUHTY, DESCRIEiED AS FOLLQWS: COMH`~i1CING AT THE ~IORTNEAST CORNER OF SAID PARCEL 2, SAID CORNER :cING THE GEFITERLIt~E INTERSELTION OF RONNEYA DRIVE (IJEST) AND EUCLID AVENUE; THENCE 50°02'23"y SZ8.00 FEET A.LONG THE LEHTERLiNE OF EUCLID AVEtlUE; THETICE N8?O55'37"W 345.n0 fEET TO THE TRUE POINT OF BEGINNING; THENCE NO°02'23"E 125.00 fEET; THENCE tt89° 55'37"W 20.00 FEET; THENCE ~~Q° 02'23"E 403.00 F[ET TO THE CENTERLINE OF ROMNEYA DRIVE; TNEt~C~ ALONG SAID CEtITERLIt1E N89o 55'37"w 455.00 FEET TO THE NORTHWEST LORt~ER OF SAID PARCEL 2; 7HENCE ALONG THE WESTERLY PARCEL LINE THEP.EOF SO°02'23"W ~28.00 FEET; THENCE 589° 55'37"E 475.OQ FEET TO THE TRUE POINT OF BEG1kN~NG. EXCEPTIN~ THEREFROM THAT POR710N INCLUDED WITHIN ROMNEYA DEi1VE, AS SHOWN ON SAID PARCEL MAP. WHE'tEAS, the City Plannfng Commission dfd hold a public hearing at the City Hail in the City of Anaheim on August 2II, 1978. at 1:3~ P.m,, notice of said publtc hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recortmendations in connectlon therewith; and WHEREAS, said Commission, after due inspection, investlgation and study made by i[self and in its behaif, and after due consideretion of all evidence and reports offered at said hearing, does find and determine the following facCs: PC78-196 1. Tha[ the petittoner proposes a walver of the following to construct a 120-unit apartment complex: (a) SECTION 18,34.062.032 - Minimum floor area. 700-~e eet requfred; 5~ square~ee[ proposed) (b) SECTION 18.34.066.030 - Re uired enclosure of car orts. three s des required; none proposed) 2. That the above-men[loned waiver (a) Is hereby granted on the basis that It has been Planning Commission's policy 1n the past to allow approxima[ely 25$ of the units to be "6achelor" units. 3. That the above-mentioned waiver (b) (s hereby granted on the basis that testimony presented at the public hearing indicates that open carpor[s reduce the potential of criminal activites such as theft and vandalism and aliows a more aesthetically pleasing carport design. 4, That there are exceptional or extraordinary circumstan~es or conditions applicable to the property tnvolved or to the intended use of the proper[y that do not apply yenerally to the property or class oT use in the same vicinity and zone. 5. That the requested varlance is necessary for the preserva[ion and enjoyment of a substaniial property right possessed by other praperty in the same vicinity and zorte, and dcnicd to ihe property tn question. 6. That the requested variance will not be matertally de[rimen[al to the public welfare or injurtous to the property or inprovements in such vicfnfty and zo~e in which the property fs located, 7. That no one indicated their presence a[ said public hearing in opposition; and that no correspondence was received in opposi[ion to the subJect petition. EPlVlRD~IM~lITAL lNPP.CT F111QItt~: Fhat thc Anaheim ti[y Planning Comnission has reviewed the proposal to reclassi y portion A of subject property from the RP1-1200 (RESIDEPITIAL, MULTIPLE-FAMILY) [o the CL {CO~fMEP.C~AL, LINITE~) zone to permit a drive-through restaurant on a rectangularly shaped parcel of land consisitng of approximately 3.3 acres located at the southrrest corner of Romneya Drive and Euciid Street, having approximate frontages of 312 feet on the south side oF Romneya Drive and 472 feet on the west side of Euclid Stree[;& to construct a 12f1-unit zpartment complex with waivers of minimum floor area and requtred enclosure of carports on portion B identtfied as a rectangularly-shaped parcel of tand consis[ing of approxinately 5.0 acres having a frontage of approximatelY ~55 feet on the south side of Romneya Drive, having a maximum depth of 472 fee[ and being located approximately 365 feet west of the cen[erltne of Euclid Street; and does hereby approve the Negative Declara[ion from the requirement to prepare an envtronmental impact report on the basis that there would be no significant individual or cumulative adverse environmental Impact due to the approval of Lhis Megative Declaration slnce the Anaheim General Plan designates the subject proper*_y for commercial professtonal land uses conmensurate with the proposal; that no sensitive environmental impacts are involved in thc proposal; that the Initial 5[udy submitted by the pe[iLioner indicates no signiflcant i~dividual or cumutativc adverse environmental impacts; and -z- Pc~a-~ ya that thc Negative Declaration substantiatl~g the foregoing findings is on flle in the City of Anaheim Planning Department. NOW, 7HEREFORE, BE IT RESOLVED that the Anaheim City P1anning Commisston does hereby grant subJect Petition for Variance, upon the followin9 conditions which are hereby found to be a necessary prerequlsite to the proposed use of the subJect property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the owner(s) of subJect property shall pay Che traffic signal assessment fee (Council Pol(cy No. 21~i) amounting to $36.00 per each new dwelling unit prior to the issuance of a building permit. 2. That subjec[ property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through S; provFded, however, that 100 cubic foot storage spaces shall be provided at each individual dwelling unit and that access to the property shall be provided in accordancc with Exhibit No. 8 specifically. BE IT FURTHER RESOLVED that the Anaheim Ci[y Planning Commission does hereby find and determine that adoption of this Resolution is expressly predica[ed upon applicant's compliance with each and all of the conditions herei~above set forth. Should any such condttion, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent Jurisdfction, then this Resolution. a~d any approvals herein contained, shall be dcemed null and void. THE FOREGOItIG RESOLUTIOtI is slgned and approved by me this 28th day of August 197$• HA M ~, ANA I ITY PLAN~lING GOMM15510N ATTEST: SECRETARY, ANAHEIM CITY PLANNING CONN15510N STATE OF CALIFORNIA ) COUI~TY OF ORANGE ) ss. CITY OF ANANEIM ) I, Edtth L. Harrts, Secretary of the Anaheim City Planning Commission, do hereby certify tha[ the foregotng resoluYion was passed and adopted at a meeting of the Anahetm City Planning Commission heid on August 28, 197$, at 1:30 p.m.~ by the fol)owing vote of the members thereof: AYES: COMMISSIONERS: BARNES, DAVID, HERBST. JOHNSON~ KINC, TOLAR NOES: COMHISSIONERS: NONE A85ENT: COMMISSIONERS: LINN 1978. IN WITNESS WHEREOF, I have hcreunto set my hand this 28th day af August '~~ ~ ~~~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -3- PC78-198