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PC 78-210RESOLUTION N0. PC 76-210 RESOlUTIOH OF THE ANAHEI!1 CITY PLANNING COMHISSION TIiAT PETITION FOR VARIAr~CE N0. 2994 BE GRAtlTED WNEREAS, Che Anaheim Ctty Planning Commission dld receive a verified Petition for Vartancc from LARL L. AND MILDRED E. RAL' A~iD CLASSIC DEVELOPMENT CORP., 12700 Knott Avenue, Suite "k", Garden Grovc, Californla 92641, owners, and SHALLER b LOHR ASSOCIATES, INC., 366 San Miguel Drive, Nev~port Beach, Catifornta 92660, agent, of certain reai property situated In the City of Anahetm, County of Orange, State of Californie described as: A portion of Lots 25 and 25 of Tract No. 117, Nmended Map of Vista Del Rlo Rancho recorded in Bool; 11, Page 15 of MTscellaneous Maps, records of Orange County, California and Lot "A" Tract No. 7732 recorded in Map Book 361, Pages i~, through 1?, records of Orange Lounty, California, described as follows: Ber,innin9 at the most westerly corner of Lo[ "A" per tract No, 7732 recorded in Map Book 361, pages 16 through 19. of said Orange County; thence North 60~ 38' 42" East 460.49 fcet along the southeastcrly line of the California S[ate Hlghway Rlght-of-way, described ln Deed to the State of California recorded September 6, 1?51, in DooE: 2227, Page 9G of Cfficial Records; thence South 89° Ot' 14" East, 22.55 fee[; thence South 00° 4E' S8" East 45.~0 feet; [hence North 8?° 01' 14" West 60.00 feet; thence South 00° 48' 58" East 121.~~ feet; thence South 89~ 01' 14" East 60.00 feet thence 5outh 00° 4II' SII" East 107.54 feet to a point on the northerly line of the Santa Ana Valley Irrigation Company's Lanal and thc southerly line of !ot 26 as shown on said Tract No. 117; Thence Nor[h C•^O 33' 02" East along said Santa Ana Valley Irrigntion Company Canal 101.5a feet to a poin[ in the southwesterly Rtght-of-Nay line of Parcel 1+ (Re1-821) of the Hfghway Right-of-Uay relinquished to the County of Orange by Resolution by the California Htghway Commtsston, a certtfied copy of said Resolution is recorded in Eook 993Q, Page 623 of said official records and as shown on Map recorded in Book B, Page 17 of State Highway Maps in said office; thr:nce Souti~ 52° 32' 30" East 19.71 fee[; thence continuin9 along said Right-of-Nay line the following courses, South 37° 27' 3~" Nest 597.69 feet eo the beginning of a curve concave southeasterly havtng a radius of 3050.00 feet; thence southwesterly aiong said curve through a central an91e of 04° 25' 4G" an arc dis[ance of 235.79 fee[; thence continutng along said Right-of-Way !!or[h 62~ 11' 46" West 54.29 feet to a potnt on the northeas[erly boundary of Tract No. 7733. recorded in Map Book 374, Pages 12-15 of said Orange County; [hence along said tract boundary through the following courses, North 10~ 13' 1b" East 151.17 fee[, Nor[h 00° 57' 25" East 80.tb feec, North 02° 14' 38" West 64.20 feet. 4ortF~ 15° 44' 26" 41est 92.49 feet to a point in the southeas[erly boundary of Tract No. 7732 as recorded in a Map Book 361~ Pagc 16-19 of said Orange County; thence along said tract boundary [hrough the following courses, North 15°44' 26" Nest 61.74 feet, North 60° 38' 00" East 95.96 feet. North 00~ 57' 25" East 74,14 feet to a point on the northwesterly Right-of-Way llne of Camino Tampico as shown on sald Tract No. 7732; thence along said Right-of-Nay South 60~ 38' 00" PC78-210 % Nest 1.26 feet, to thc nost 5outherly corner of said Lot "A"; thence North 29°22~ 00" Nest 119.58 fect alony the southwesterly llnc of said Lot "A" [o the point of beginning, WHEREAS, ihc City Planning Commission did hold a public hcaring at the City Hall in the City of Anaheim on July 31, 1°7~, a[ 1:30 p.m., notice of said publlc heari~g having been duly given as required by law an~ in accordance with the provisions of the Anaheim Municipal Code, Chapter 13.(13, to hear and consider evidence for and agairtst said proposed variance and to fnvestigate and make ftndings and recommendations fn connection therew(th; said public heartng having been conttnued to the Planning Commission meeting of September 11, 1978; and LINEREAS, sald Conmisslon, after due inspection, Investigation and study made by itself and in its behalf, and after due consideration of all evtdence and reports offer~d at sa(d hearing, does find and detcrmine the following facts: 1. That the petitioner proposes a waiver of the foiloHing to establish a 16-lot (RS-7200) subdivision: (a) SELTIOr~ 1£3.26.060.020 - Mtnimum lot width and fronta e. 70 eet required; ~ eet proposed) or g nal plans ind cated lots less than 70 foot frontages) (b) SECTION 1(~.26.065.010 - ReouTremen[ that sinqle-family structures rear nn arterial hiahwa s. 2 5 de-on lots proposed} 2. That the above mentioned waivers are hereby granted for 15 lots on the basis thai [he petitioner demonstrated that a hardship exists in thot the property is very trregularly-shaped and that o[her similar and nearby lo[s have previously been approved allowing narrow lot r+idths nnd lots siding onto Santa Ana Canyon Road. 3. That the ~rigl~ai plan considered by [he Plannin9 Cammission tn connection wtth subject waivers pertained to 28 lots. but a revlsion identlfied as Revision No. 1 of Exhihlt No. 1 for iG lots was submttted and approved by the Planning Lommission on Hay 8, 197F (Resolution No. PC7b-~1} however, tne matter was appealed to the Clty Councii and after a public hearina, the City Council reverted the subject proposal baclc to the Planning Comrtsission for additional revlew and the Planning Co;rmission approved the plan for 15 lots eliminating one of the proposed lots (Revtsion No. 3)• 4. That there are exceptfonal or extraordinary circumstances or co~ditions appticable to the property involved or to the intended use of the property thai do not apply generatly io the property or class of use in the same vicinity and zone. 5, Tha[ the requested variance is necessary for the pr~serva[ton and enjoyr~ent of a substantial property riyht possessed by otf+er propert•/ in the same vicinity and zone, and denled to thc property in question. 6. That the requested variancc will not be maceriaily detrimental to [he public weifare or lnjurious to the property or improvements in such viclnity and zone in whic.h th~ property is located, -2- ~C78-2to 7. That 8 persons indicated thelr presence at sald public hearing in oppositlon; and that no correspondence was received In opposltion to the subJect petltion. ENVIRONMENTAL IHPACT FINDING; That the Anaheim Ci[y Planning Cortmission has reviewed tt~e proposal to reclassify the propcrty from che RS-A-k3,000(SC) (Residential/Agricultural-Sce~ic Corridor Overlay) and County A-1 (General Agrtcultural District) Zones to the RS-7200(SC) (Residentlal. Single-family-Scenlc Corridor Overlay) Zone to establish a 15-lot RS-7200(SC) subdivlsion with walvers of minimum lot wtdth and frontage and requlrement that single-family structures rear on arterfal highways on an irregularly-shaped parcel of land consisting of approximately 5.2 acres, having a fronta9e of approximately 834 feet on the northwest side of Santa Ana Canyon Road, having a maximum depth of approximately 440 feet, and betng located approximately 180~ feet northeast of the centerline of Mohler Drive; and does hereby approve the Negative Declaratlon from the requirement to prepare an environmental impact report on the basfs that there would be no signiftcant individual or cumulative adverse environmental impact due to the approval of thfs Negative Declaration si~ce the Anaheim General Plan designates the subJect property for low- density residential land uses commensurate ~afth the proposal; [hat no sensitlve environmental impacts are involved in the proposal; that the Initial Study submitted by the petitloner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiatina the foregotng findings is on file in the City of Anaheim Planntng Department. NOW, THEREFOP.E, BE iT RESOLVED that the Anaheim City Pianning Commission does hereby grant subject Peti[ion for Variance. upon the following conditions whicfi are hereby found to be a necessary prerequTsite to the proposed use of the subJect property tn order to preserve the safe:y and general welfare of [he Citizens of the City of Anaheim: 1. That this Variance ts granted subject to the canple[ion of Reclassifica[ion No. 77-73-46. now pending. 2, Tha[ subJect property shall be developed substantially in accorda~ce with plans and specifications on file with the Ci[y o` Anaheim marked P,evision No. 3, Exhibit No. 1. 3, That Condttion No. 1, above-mentioned, shali bc complted with prior to the commencement of the activTty authorized under this resolution, or prior to the time that the building permtt Is issucd, or within a period of one year from date hereof. whichever occurs first. or such further [ime as the Planning Co~nission may grant. 4. That Condttion No. 2, above-mentioned~ shall be complied with prior to final building and zoning inspectlons. BE IT FURTHER RESOLVED that the Anaheim Ctty Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the condictons hereinabove set forth. Should any such condition, or any part [hereof, he declared invalid or unenforceable by the final Judgment of any court of competent jurisdiction~ then this Resolution, and any approvals herein contained, shall be deemed ~ull and vold. THE FOREGOINC RESOLUTION is signed and approved by me this tlth day of Septembcr~ 1978. -3- PC78-210 ~. M N, ANAHE ITY LANNING COMMISSION ATTEST: ~ECRETAR`-T, NA AHEIM CI A N G CO M~ION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEiM ) I, Fdith L. Harris, Secretary of the Anaheim City Planntnq CammtssTon~ do hereby certify that the foregoin9 resolutian was passed and adopted at a meettng of the Anahefm City Planning Commissicn held on September il, 1978 at 1:30 p.m., by the following vot~ of the members thereof: AYES: COMMISSIONERS: BAR~~ES~ DAVID, HERBST~ KING, TOLAR NOES: COMMISSIONERS: tJONE ABSENT: COMMISSIONERS: JOHNSON VACA~IY: ONE SEAT 197E. IN WITNESS 4IHEREOF, I have hereunto set my hand this 11th day of September~ b ~ ~ !'~(.t.t.c.c.,~ SECRETARY~ ANAt1EIM CITY PLAN~IING COMMISSION -4- PC78-210