PC 78-223RESOLUTION N0. PC 73-223
RESOLUTION OF TIiE ANAHEIN CITY PLANNINC CO`1!11SSION
THAT PETITION FOR VARIANCE N0. 3051 BE GRAIITED
WHEREAS, the Anaheim City Plannfn9 Commtssion did recelvc a verifted
Petition for Variance from HENRY L. FOUCHER, 3326 West Lincoln Avenue, Anaheim~
California 9z801 owner, and DONALD WILLIAM DOTY~ 5461 Cormnerclal Drive, Huntingcon
Beach~ California 92649, agen[ of certain rea) property si[uated in the City of
Anaheim, County of Orange, State of California described as:
That portlon of the West one half of the uest one half of che
Northcast one quarter of the ~~orthwest one quarter of Sectton 14,
Townsh(p ~~ Sauth. Range 11 West in the Rancho Los Coyotes as shown
on a map there of recorded tn Book 51, page 11 of Hiscsllaneous
Maps records of Oran9e Loun[y, Californi~~ lying Northerly of the
Northerly ltne of Parcel 2 as described in the deed to Atlantic
Savings and Loan Associatlon. a California Corporation recorded
July I, 19G6 in Book 7978, Page 801 of Offictal Records, records
of Orange County, California. Excepting thcrefrom the 1Jest
331,i6' feet of the North 309.00 feet Chereof and also excepting
therefrom the North 6b.00 feet thcrcof.
WHEREAS, the City Planning Commission did hold a public heartne at the City
Hall in the City of Anaheim on Septembsr 25, 1°78, at 1:3p p,m., notice of said
public hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Lodc, Chaptcr 1a,03~ to hear and consider
evidence for and against said proposed variance and to investioate and make findings
and recommendattons in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hcaring, does fi~d and determine the following facts:
1, That che peticioner proposes a waiver of the follorrin9 to construc[ a
70-unit apartmen[ complex:
(a) SECTION 18.21.Ob1.010 - Mtntmum lot area,
3 000 sauare eet required;
31,59o square eet proposed)
(b) S~CTION 18.34.062.011 - Maximum buildinq hciqht.
onc sior permitted within 150 feet
o RS-A- 3,000 zonino; two stories
proposed}
2, That the above-mentioned waivers are hereby granted on the basis that
the peti[ioner demonstrated that a hardship exists in thatsubject property will be
subdivided and the parcel located at the southwest corner of Lincoln Avenue and
Westchescer Drive and bounded on the wes[ by commercially zoned property Is
destgnated for general commerciai uses by [he Anaheim General Plan and will be
developed commercially, and that watvers (a) and (b) will not be necessary when
commercial zoning is canp)eted on said parcei.
PC78-223
3. That there are exceptional or extraordinary circumstances or conditions
applicablc to the property Involved or to the intended use of the proper[y that do
not apply 9enerally to the property or class of use in the same vicinity and zone.
4. That [he requested variance Is necessary for the preservation and
enjoyment of a subs[antial proper[y right possessed by other property in the same
~icinity and zone, and denied to the property in question,
5. That the requested variance will not be materially detrimental to the
Public welfar~ or tnjurious to the proper[y or improvements in such vicinity and zone
in which thc propcrty is located,
G. That no one indicated thelr presence at said public tiearing in
oPposition; and that no carrespondence was recelved in opposition to [he subJect
Petition.
ENVIRONMENTAL IMPACT FtNDING: That the Anaheim City Pianning Camtssion has
reviewed the proposal to reclassify the property from RS-A-43,000
~~ESIDENTIAL/AGRICULTURAL) to R!1-1200 (RESIDENTIAL, MULTIPLE-FAMILY) zone to
construct a 70-unit apartment compiex with r:aivers of minimum lot area and maximum
building height on a rectangularly-shaped parcei of land consis[ing of approximately
2•3 acres, having a frontage of approxtmately ;03 feet on the west side of
Westchester Drive, havtng a maximum dep[h of approximatety 333 feet, being located
aPProximately 296 feet south of the centerline of Lincoln Avenue; and does hereby
aPProve the ~7egative Oeclaration from the requirement to prepare an environmental
t~Pact report on the basis that there would be no significant individual or
cumulative adverse environmental impact due to the approval of th15 Negative
Declaration since the Anaheim General Plan designates the subJect property for medium
density residentiai land uses commensurate wtth the proposai; that no sensitive
environmental impac[s are invoived tn [he proposal; that the Inittal Study submitted
by the petitioner indicates no significant indivtdual or cumulattve adverse
envlronmental impacts; and that the Negative Declaration subs[antiating Lhe foregoing
findings is on file in the City of Anaheim Planning Department.
NON. THEREFORE. BE IT RESOLVED that thc Anaheim City Plannina Commission
does hereby grant subject Petition for Variance, upon the followiny conditions which
are hereby found to b~ a necessary prerequisite to the proposed use of the subject
P~opcrty in order to preserve the safeey and gencral welf~re of the Cititens of the
City of Anaheim:
t. That ihls Variance is granted subJect to the completion of
Reclassification No. 78-79-15, ~ow ~anding.
2. That subject property shall be developed subs[antially in accordance
with plans and specifications on fite wi[h the City of Anaheim marked Exhibit Nos. 1
through 5.
BE IT FUR7NER RESOLVED thaE Che Anaheim City Planning Commlssion does hereby
find and determine that adoptlon of th.~ Resolution is expressly predicated upon
epplicant's compliance wlth each and ali of the conditions heretnabove set forth.
Should any such condttion, or .»y part thereof, be declared invali~ or unenforceable
bY the final Judgment of a :ourt of cornpetent Jurisdlction, then this Resolution,
and any approvals herein cont.iined, shall be deemed ~ull and void.
-2- PL78-223
~ ~ ~,..J
THE fOREG0ING RESOLUTION is slgned and approved by me this 25th day of
September, 1978•
A N, A~Ahi 1 1 p ~NNING COHMISSION
ATTEST:
ti,c,s~
SECRETARY. ANAHEIM CITY LANpiNG LOMMISSIOtI
STATE OF CAL i EOR~I IA )
COUNTY OF ORANGE ) ss.
~~TY Of ANAHEIM )
~, Edith L. Harris, Secretary of the Anaheim City Planning ~~++ission~ do
hereby certify that the foregoing resolut(on was passed and adopted at a mceting of
the Anaheim Lity Planning [ommisslon held on September 25, 1978 a[ 1:30 p,m., by the
following vote of the membcrs thereof:
AYES: COHMISSIONERS: DARNES, DAVID, HERBST, JOHNSON~ KING~ TOLAP.
NOES; COMMISSIONERS: t~ONE
ABSENT: COt1HI5510NER5: ~IONE
VACA,yy; ONE SEAT
1978.
~~~ WtTt~ESS LINEREOF, t have hereunto set my hand this 25th day of September~
~~-c.~C .~° `f~-,.~:,
SELRETARY, ANANEIM CITY LANNING COMMISSION
, . -~- PC78-27.3